§707-741  Incest.  (1)  A person commits
the offense of incest if the person commits an act of sexual penetration with
another who is within the degrees of consanguinity or affinity within which
marriage is prohibited.



(2)  Incest is a class C felony. [L 1972, c 9,
pt of §1; am L 1987, c 176, §1; gen ch 1992]



 



Cross References



 



  Degrees of consanguinity or affinity within which marriage is
prohibited, see §572-1(1).



 



COMMENTARY ON §707-741



 



  The Proposed Draft had recommended the deletion of incest as
a crime.  The Legislature, however, decided to retain the offense and found
"that sexual intercourse with another who is within the degrees of
consanguinity or affinity within which marriage is prohibited by HRS §572-1
should be prohibited for the reason such marriages are prohibited." 
Conference Committee Report No. 2 (1972).



 



ADDITIONAL COMMENT



 



  The Proposed Draft had suggested a provision (§741 of the
Proposed Draft) that no person shall be convicted of a felony upon the
uncorroborated testimony of the alleged victim.  The Legislature rejected this
concept, however, since it felt that there is little probability of
corroborating evidence in the cases listed in Part V.  The Legislature felt
that the corroborating evidence requirement would prevent effective enforcement
of the acts prohibited under this part.  Conference Committee Report No. 2
(1972).



 



Case Notes



 



  Incest is a general intent crime.  66 H. 281, 660 P.2d 522.