§707-757  Electronic enticement of a
child in the second degree.  (1)  Any person who, using a computer or any
other electronic device:



(a) Intentionally or knowingly communicates:



(i)  With a minor known by the person to be
under the age of eighteen years;



(ii)  With another person, in reckless disregard
of the risk that the other person is under the age of eighteen years, and the
other person is under the age of eighteen years; or



(iii)  With another person who represents that
person to be under the age of eighteen years; and



(b) With the intent to promote or facilitate the
commission of a felony, agrees to meet with the minor, or with another person
who represents that person to be a minor under the age of eighteen years; and



(c) Intentionally or knowingly travels to the agreed
upon meeting place at the agreed upon meeting time;



is guilty of electronic enticement of a child in the
second degree.



(2)  Electronic enticement of a child in the
second degree is a class C felony.  Notwithstanding any law to the contrary, if
a person sentenced under this section is sentenced to probation rather than an
indeterminate term of imprisonment, the terms and conditions of probation shall
include, but not be limited to, a term of imprisonment of one year. [L 2002, c
200, pt of §1; am L 2006, c 80, §3]



 



COMMENTARY ON §§707-756 AND 757



 



  Act 200, Session Laws 2002, added these sections to create
criminal offenses relating to electronic enticement of a child.  The
legislature found that Act 200 addressed the problem of utilizing computer
technology in committing crimes against children.  Conference Committee Report
No. 36-02.



  Act 80, Session Laws 2006, amended §§707-756 and 707-757 to
mandate at least one year of incarceration for defendants convicted of
electronic enticement of a child. Act 80 provided a means to ensure the
safety of Hawaii's children, enhance enforcement efforts, and impose
significant penalties against those who prey on the most vulnerable members of
the community.  Conference Committee Report No. 10-06.



  Act 80, Session Laws 2008, amended §707-756 to clarify the
element of electronic enticement of a child in the first degree pertaining to
the intent to promote or facilitate the commission of another crime. 
Conference Committee Report No. 82-08.