Offenses Against Public Health And Morals

Offenses against public health and morals are charged under Hawaii Revised Statutes (HRS) Section 712.

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What Are Offenses Against Public Health And Morals?

In the State of Hawaii, offenses against public health and morals are charged under Hawaii Revised Statutes (HRS) Section 712. Offenses against property rights are classified as felonies or misdemeanors. The type of classification determines the authorized sentence.

If found guilty of a felony, the Hawaii paroling authority will determine the minimum amount of time served and eligibility for parole. This will be determined at a separate hearing after trial. There are three classes of felonies:

Class A felonies are punishable with up to 20 years imprisonment

Class B felonies are punishable with up to 10 years imprisonment

Class C felonies are punishable with up to 5 years imprisonment

If found guilty of a misdemeanor, the judge will determine the sentence. There are two types of misdemeanors:

Misdemeanors are punishable with up to one year imprisonment and fine of $2,000

Petty misdemeanors are punishable with up to 30 days imprisonment and a fine of $1,000

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Levels of Offenses Against Public Health And Morals

CLASS A FELONIES

Sex trafficking
Methamphetamine trafficking
Promoting a dangerous drug in the first degree
Commercial promotion of marijuana in the first degree
Promoting a controlled substance (methamphetamine) in, on, or near schools, school vehicles, public parks, or public housing projects or complexes.

CLASS B FELONIES

Promoting prostitution
Commercial sexual exploitation of a minor
The importation, sale, or possession of more than five childlike sex dolls
Promoting a dangerous drug in the second degree
Commercial promotion of marijuana in the second degree
The offense of promoting a controlled substance through a minor

CLASS C FELONIES

Commercial sexual exploitation with reckless disregard that the person exploited is a victim of sex trafficking
Promoting travel for prostitution
Habitual commercial sexual exploitation
Promoting pornography for minors
The importation, sale, or possession of two to five childlike sex dolls
Failure to maintain age verification records of sexual performers
Failure to maintain age verification records of sexually exploited individuals
Failure to affix information disclosing the location of age verification records of sexual performers
Promoting gambling in the first degree
Promoting gambling aboard ships
Possession of gambling records in the first degree
Promoting a dangerous drug in the third degree
Promoting a detrimental drug in the first degree
Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes
Prohibited cigarette sales of less than twenty.

MISDEMEANORS

Commercial sexual exploitation near schools or public parks
Promoting pornography
Promoting minor-produced sexual images in the first degree
The importation, sale, or possession of one childlike sex doll
Promoting gambling in the second degree
Gambling
Possession of gambling records in the second degree
Possession of a gambling device
Promoting a harmful drug in the fourth degree
Promoting a detrimental drug in the second degree
Promoting intoxicating compounds
Promoting intoxicating liquor to a person under the age of twenty-one

PETTY MISDEMEANORS

Prostitution
Commercial sexual exploitation
Loitering for the purpose of engaging in or advancing prostitution
Street prostitution and commercial sexual exploitation; designated areas (mandatory thirty days imprisonment)
Displaying indecent material
Promoting minor-produced sexual images in the second degree
Open lewdness
Promoting a detrimental drug in the third degree (possession of more than 3g of marijuana or any amount of Schedule V substance)

If you or someone you love is facing any of these or similar charges in the Hawaii court system, contact us immediately.

Even if the State’s investigation is ongoing and you have not yet been formally charged, we can help protect your rights, and take proactive steps to mitigate your exposure to life-changing criminal penalties.

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