Legislation Addressing Human-Trafficking in Hawaii (for either prostitution or labor)
NEW LAWS SUMMARY
To read the full text of Act 145 (Promoting Prostitution Law Reform Related to Sex-Trafficking) and Act 146 (Labor-Trafficking), click on the blue links.
ACT 145 (HB240 CD 1 - Promoting Prostitution Law Reform Bill)
NOTE ON DEFINITIONS:
§712-1201 Promoting prostitution; definition of terms. In sections 712-1202 and 712-1203:
(1) A person "advances prostitution" if, acting other than as a prostitute or a patron of a prostitute, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.
(2) A person "profits from prostitution" if, acting other than as a prostitute receiving compensation for personally-rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.
In summary, "advancing" or "profiting" cannot be applied to the victim of prostitution. These laws are strictly focused on pimp/traffickers or anyone who profits from prostitution (those who aid or abet), not the victim.
- Fraud (meaning essentially "lying") has been added as an alternate element of proof prosecutors may use if applicable to bring Pimp/Traffickers to justice. E.g. if the victim responded to an ad for a modelling agency which actually was a front for a prostitution scam, this would be "fraud."
- Victims of sex-trafficking who are defrauded, forced, threatened or intimidated into prostitution will receive witness protection of the "highest priority" from the state's Attorney General to facilitate prosecution of the survivor's pimp/trafficker. The penalty for this crime (Promoting Prostitution in the 1st degree) is a Class A felony of up to 20 years in prison. (Formerly, the penalty for Promoting Prostitution in the 1st degree was a Class B felony).
- Survivors who are under the age of 18 are automatically deemed victims and afforded protection as victims (no need to prove fraud, force, threat or intimidation).
- Anyone who advances or profits from prostitution (Promoting Prostitution in the 2nd degree) will be prosecuted for a Class B felony of up to 10 years in prison. (Formerly, the penalty was a misdemeanor). Remember "Prostituted Persons" are exempt from the definition of "advancing" or "profiting" from prostitution so this degree of the law focuses on Pimp/Traffickers (no need to prove force, fraud, threat or intimidation, just advancing or profiting from prostitution).
- Ending the Demand for Prostitution and Sex-Trafficking: Any buyer of sex who has been arrested in Hawaii, or elsewhere, more than twice (within 10 years) for the offense of Prostitution or Street Prostitution will be prosecuted for a Class C felony offense of Habitual Solicitation of Prostitution (a penalty of up to 5 years in prison).
- Hawaii Revised Statute 712-1207 (Street Prostitution) has been amended to also include criminalizing the act of purchasing a woman's body for sex. Formerly, this law may have been unconstitutional as it only criminalized the prostituted person and not buyers (State v. Espinosa - Appellate Court Decision April 2009).
(Also note that Act 125 [SB52] which also passed the 2011 legislative session and signed by the governor requires sex-traffickers convicted of Promoting in the 1st or 2nd degree to register as Sex-Offenders with the state of Hawaii).
HB141 CD1 (Labor-Trafficking)
- Makes the offense of exploiting a person for their labor by use of (any one or combination of the following): force, fraud, extortion, unlawful imprisonment, kidnapping, sexual assault, assault, "debt bondage," withholding identification to impede the victim's mobility, threat of financial loss to the victim or the victim's family, or other form of domination or control, an offense punishable as a Class A felony (up to 20 years in prison).
- Anyone or other business that knowingly aids (or profits from) a trafficker of persons for labor will be prosecuted for a Class B felony (up to 10 years in prison).
- Affords victims restitution regardless of whether the victims has returned to his or her home country.
- Additional sentencing and extended terms may apply for those held in servitude or subject to assault or sexual assault or murder.
- Makes the non-payment of wages a Class C felony if the amount the employer owes the employee is over $2000; and a misdemeanor is the amount owed is under $2000.
- Makes the confiscation or destruction of an employee's government issued identification for the purpose of labor-trafficking, a Class C felony.
- Allows Labor-Traffickers subject to forfeiture.
- Allows law enforcement to use electronic surveillance and wire tapping to investigate Labor-Trafficking cases.
- Includes Labor-Trafficking within the definition of "Organized Crime."
Excerpt of "American Pimp" (1999 - Hughes Brothers) - Explicit Language Warning
Start Video at 2:39 on Timeline
- Some Ways How Pimp/Traffickers Manipulate
-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