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Predators get up to 20 years

Haw. Rev. Stat. §707-730

PART V. SEXUAL OFFENSES

Rape and Child Sexual Assault: Dispelling the Myths. 14 UH L. Rev. 157 (1992).

§§707-730 to 707-738 [OLD] REPEALED. L 1986, c 314, §56.


§707-730 Sexual assault in the first degree. (1) A person commits the offense of sexual assault in the first degree if the person:

(a) Knowingly subjects another person to an act of sexual penetration by strong compulsion;

(b) Knowingly engages in sexual penetration with a person who is less than fourteen years old;

(c) Knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that the actor is:

(i) No less than five years older than the minor; and

(ii) Not legally married to the minor;

(d) Knowingly subjects to sexual penetration a person who is mentally defective; provided that the actor is negligent in not knowing of the mental defect of the victim; or

(e) Knowingly subjects to sexual penetration a person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person’s consent.

Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices.

(2) Sexual assault in the first degree is a class A felony. [L 1986, c 314, pt of §57; am L 1987, c 181, §9; am L Sp 2001 2d, c 1, §§1, 7; am L 2002, c 36, §3; am L 2003, c 62, §1; am L 2004, c 10, §15; am L 2006, c 230, §32; am L 2009, c 11, §72; am L 2021, c 239, §2]

HI Rev Stat § 706-659

2022 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
706. Disposition of Convicted Defendants
706-659 Sentence of imprisonment for class A felony.
Universal Citation: HI Rev Stat § 706-659 (2022)


§706-659 Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605, 706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the contrary, a person who has been convicted of a class A felony, except class A felonies defined in chapter 712, part IV, or section 707-702, shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. A person who has been convicted of a class A felony defined in chapter 712, part IV, or section 707-702, may be sentenced to an indeterminate term of imprisonment, except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be twenty years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. L 1980, c 294, §1; am L 1994, c 229, §3; am L 2012, c 292, §4

Reasoning: Rape of child under 14 (or 15 if offender is 20+) = 20 years. No death penalty.

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