Legislation Addressing Sex-Trafficking in Hawaii
P.A.S.S. believes that the current state penalties do not fit the crime of sex-trafficking and must be raised significantly to be just. P.A.S.S. firmly believes that appropriate anti-trafficking legislation would carry the highest state penalty for pimps/traffickers of 20 years in prison with no parole and a $25,000 fine (Class A Felony) as mirrored by Federal Law (18 U.S.C. Section 2422(a)) maximum penalty up to 20 years for pimps/traffickers; (18 U.S.C. Section 1591), for trafficking minors under 14, or with force, minimum 15 years to life term; for trafficking minors between the ages of 14 to 18 years of age: 10 years to life term.
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ANTI SEX-TRAFFICKING BILL
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Hawaii is driven by a tourist-based economy which attracts sex-traffickers looking to establish territory to capitalize on the market of male travelers and transient military personnel. The fight against the growing problem of sex-trafficking in Hawaii is an important battle for many reasons. Currently, there is no local legislation defining "trafficking;" a fact most traffickers are aware of. Though hardworking as they are, local law enforcement lacks the legal foundation to prosecute a pimp with a penalty that fits the horrendous crimes of human trafficking.
Unfortunately, for the growing number of traffickers and trafficking activity worldwide, the federal government lacks the manpower to regulate every state in the nation, and on average, it takes from one to two years for a full federal investigation of a trafficker. During that time, countless abuses can take place at the physical, mental, and spiritual detriment of the many prostituted persons coming into and out of Hawaii. If local Human Trafficking legislation were passed, this would give local law enforcement a substantial opportunity to greatly effect the arrest rates and prosecutions of traffickers and help stop the global rise of Human Trafficking on the local level.
Currently, Human Trafficking is the 2nd highest lucrative criminal activity in the world, surpassing illegal arms dealing and second only to international drug trafficking.
In the state of Hawaii, many pimps, if they are caught at all, are usually prosecuted for promoting prostitution which varies with regard to its classifications and penalties for trafficker ranging from 1 day to 10 years** in prison and between a $1 and $25,000 fine*.
Hawaii is one of seven six remaining states in America that has not passed a Human Trafficking State Law or laws effectively addressing Human Trafficking as a felony offense while protecting the victims. Simply relying on current state laws to address human trafficking is highly problematic. The states listed without human trafficking laws are: Alabama, Hawaii, Massachusetts, Ohio, Wyoming, West Virginia, South Dakota.
Some of the problems of using current statutes include:
1) Prostitution statutes place both victim and patron in the same criminal category making it virtually impossible for HPD to recognize prostitutes as victims. These are hardly victim centered laws,
2) Promoting prostitution statutes are NOT adequate in addressing Human Trafficking as they criminalize victims as "prostitutes," which carries heavy societal bias, and their penalties do not fit the atrocities of Human Trafficking. e.g. 30 months in jail and 3-5 years supervised release. *See Rodney D. King case for past example.
3) Most times, only promoting prostitution in the 3rd degree is applied to pimps/traffickers (misdemeanor), and,
4) These laws are not preventative so authorities need to "wait" until something severe like sex assault, murder, extortion, or kidnapping occur to pin the trafficker with anything worthwhile, of course to the detriment of the victim trafficked.
-Read the Fact Sheet on Laws Passed in Other States-
-See How Hawaii Rates in Combatting Human Trafficking (current grade F)-
Excerpt of "American Pimp" (1999 - Hughes Brothers) - Explicit Language Warning
Start Video at 2:45 on Timeline for Hawaii Pimp/Trafficker "Charm"
Hawaii's Current Promoting Prostitution Laws
- Prostituting a child under the age of 18 (or anyone who compels an adult through criminal coercion into prostitution or profits from that coercion by another) is defined as Promoting Prostitution in the 1st Degree, a Class B Felony, which carries a penalty of up to 10 years** in prison and up to a $25,000 fine*. (Until June 2008, when SB 2212 was signed into law as Act 147, raising minors' age to under 18, the maximum age defining a minor in order to prosecute a pimp/trafficker for Promoting Prostitution in the 1st Degree was 15 and under).
- Prostituting a child under the age of 18 (or anyone who profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution) is defined as Promoting Prostitution in the 2nd Degree, a Class C Felony, which carries a penalty of up to 5 years** in prison and a $10,000 fine*.
- Anyone who knowingly advances or profits from prostitution is Promoting Prostitution in the 3rd Degree, a Misdemeanor which carries a prison term of not more than 1 year** and up to a $2,000 fine*.
- The current penalty for "Johns" or clients who solicit sex from a prostituted person is a Petty Misdemeanor which carries a prison term of not more than 30 days or probation and a mandatory $500 fine.
* Courts usually make the determinations of fines imposed.
** Minimum length of imprisonment is determined by the Hawaii Paroling Authority.
Hawaii Revised Statutes - Terms of Imprisonment HRS 706—659 (Class A Felony)
Hawaii Revised Statutes - Terms of Imprisonment HRS 706—660 (Class B & C Felonies)
Hawaii Revised Statutes - Terms of Imprisonment HRS 706—663 (Misdemeanor & Petty Misdemeanor)
-read about current Hawaii Revised Statutes-
Intermediate Court of Appeals Rules
Hawaii's Street Prostitution Statute Ineffective
In April 2009, the Intermediate Court of Appeals ruled that Hawaii's Street Prostitution Statute § 712-1207 invalid in prosecuting patrons of prostituted persons and mentioned that the legislature never intended to punish patrons of prostituted persons with this statute.
The ruling highlights what abolitionists have been saying for years: our current state statutes are ineffective in prosecuting crimes related to Human Trafficking and therefore we need a Hawaii Human Trafficking Statute. However, what this ruling fails to recognize is the problem that state prostitution laws combine both patron and prostituted person in the same criminal category. P.A.S.S. seeks to distinguish victim from the perpetrators contributing to the demand for prostitution/trafficking.
-read the Intermediate Court of Appeals Ruling-
Excerpt of "American Pimp" (1999 - Hughes Brothers) - Explicit Language Warning
Start Video at 2:39 on Timeline
- Some Ways How Pimp/Traffickers Manipulate
What is The Modica Problem?
State of Hawaii v. Modica* (1977) is a case which highlighted to the courts the need to safeguard against over-prosecution; which would be an infringement upon a defendants due process and equal protection right afforded to him or her by the U.S. Constitution's 14th Amendment.
If you have two crimes, one a misdemeanor and one a felony, where all the elements of proof needed for conviction are exactly the same, then by virtue of the 14th Amendment of the U.S. Constitution, courts must prosecute for the lesser penalty of the two.
To many, the crime of sex-trafficking resembles promoting prostitution in the 1st degree; the element of "coercion, force, threat or intimidation" being the similarity bridging the two crimes. However, in sex-trafficking, the elements of proof needed for conviction differ from promoting prostitution in the 1st degree because the crime may include other elements such as the transportation of women and children across state lines, or internationally, for the purposes of sexual, lewd, or other exploitative behavior. Pimps/traffickers either steal a victim away from her or his home state of Hawaii or bring women and children into the state for criminal activity. A mere overlapping of statutes does not constitute a "Modica Problem." All elements of proof needed for a conviction for both crimes must be exactly the same.
Furthermore, trafficking may also may also include material mis-representation, debt bondage, illegal interstate commerce, extortion, kidnapping, blackmailing, the use of torture and drugs, repeated rape, threatening, force, fraud, coercion, and various other violations traffickers commit when prohibiting a person from doing anything less than selling her or his body for the profit of a pimp/trafficker. Above all, it is the buying and selling of human beings for sex and profit. It is not merely people providing an illegal service for a fee. It is slavery. "At the heart of the concept of trafficking in persons is the denial of the liberty of another." ~ U.S. Department of Justice Model Law Commentary.
*The court upheld the higher conviction in State of Hawaii v. Modica, as there was no constitutional violation of due process and equal protection.
-download the State v. Modica case summary-
-read about current Hawaii Revised Statutes-
-read all statutes regarding prostitution §712-1200 to §712-1208-
Past Hawaii Human Trafficking Bills (Killed)
Below are the past bills that were gutted in the Legislature since 2006 (the first year a Human Trafficking bill was introduced). Unfortunately, in 2009, the HATTF decided to no recommendations for legislation. The only opposing voice to this decision came from HATTF member Safe Zone Foundation dba Girl Fest Hawaii.
In 2008, only revisions to current statutes flimsily related to some Human Trafficking elements were submitted to the legislature. Girl Fest Hawaii was responsible for demanding the raising of the age defining a minor in Promoting Prostitution in the 1st Degree from under 16 to under 18.
To search our current Hawaii Revised Statutes visit: capitol.hawaii.gov or the HRS link on our site www.traffickjamming.org/hrs.html
-Read the Fact Sheet on Laws Passed in Other States-
-See How Hawaii Rates in Combatting Human Trafficking (current grade F)-
Year 2006 - HB2051
Find all the bills plus their committee reports here:
MAIN SITE FOR HB2051: http://capitol.hawaii.gov/site1/archives/2006/getstatus.asp?query=hb2051&showstatus=on&showtext=on&showcommrpt=on&currpage=1
This is the first Human Trafficking bill submitted: http://www.capitol.hawaii.gov/session2006/Bills/HB2051_HD1_.htm
Version 2 (proposed): http://www.capitol.hawaii.gov/session2006/Bills/HB2051_SD1_PROPOSED_.htm
Version 3: http://www.capitol.hawaii.gov/session2006/Bills/HB2051_SD1_.htm
Version 4: http://www.capitol.hawaii.gov/session2006/Bills/HB2051_SD2_.htm
Version 5 (whittled the bill down to establishing a task force. The HATFF 2 Act 260 task force which did no legislative recommendations in 2009, even though recommendations were submitted): http://www.capitol.hawaii.gov/session2006/Bills/HB2051_CD1_.htm-------------------------------------------------------------
Year 2007 - HB1784
Find all the bills plus their committee reports here:
MAIN SITE FOR HB1784: http://capitol.hawaii.gov/site1/archives/2007/getstatus.asp?query=hb1784&showstatus=on&showtext=on&showcommrpt=on&currpage=1
Bills:
Version 1 (first version of HB1784): http://www.capitol.hawaii.gov/session2007/Bills/HB1784_.htm
Version 2: http://www.capitol.hawaii.gov/session2007/Bills/HB1784_HD1_.htm
Version 3: http://www.capitol.hawaii.gov/session2007/Bills/HB1784_HD2_.htm-------------------------------------------------------------
Year 2008 - SB 2212
Find all the bills plus their committee reports here:
MAIN SITE FOR SB2212:
http://capitol.hawaii.gov/session2008/lists/getstatus.asp?query=sb2212&currpage=1&showstatus=on&showtext=on&showcommrpt=on&showtestimony=on
Bills:
Version 1: http://www.capitol.hawaii.gov/session2008/Bills/SB2212_.htm
Version 2: http://www.capitol.hawaii.gov/session2008/Bills/SB2212_SD1_.htm
Version 3: http://www.capitol.hawaii.gov/session2008/Bills/SB2212_HD1_.htm
Version 4: http://www.capitol.hawaii.gov/session2008/Bills/SB2212_HD2_.htm
Version 5 (signed into Law as Act 147): http://www.capitol.hawaii.gov/session2008/Bills/SB2212_CD1_.htm
Past Hawaii Anti Trafficking Task Force Reports to Legislature
Below are the reports from the Hawaii Anti Trafficking Task Force pursuant to Act 260 (from HB2051 CD1).
-Read the Fact Sheet on Laws Passed in Other States-
-See How Hawaii Rates in Combatting Human Trafficking (current grade F)-
2009 Report -
http://hawaii.gov/ag/main/publications/reports/legislative_reports/2009/hattf2-update-report.pdf
2007 Report (part 1) -
http://hawaii.gov/ag/main/publications/reports/legislative_reports/2007-leg/haw-anti-traff-tsk-frce-1-of-2.pdf
2007 Report (part 2) -
http://hawaii.gov/ag/main/publications/reports/legislative_reports/2007-leg/haw-anti-traff-tsk-frce-2-of-2.pdf