SB 343 D1 Has Been Passed in Hawaii - Animal Sexual Assault is Officially Illegal
On June 7, 2021, Hawaii Legislature finally passed SB 343 D1 in law making Animal Sexual Assault a crime in the state of Hawaii. Hawaii is now the forty-seventh state to make this a crime in the United States. Since SASA has been tracking this 6 states have make the crime illegal, since 2017 and three (3) more to go.
If you are a resident of the following states, call your legislators and let them know that this is a crime that is important and should be make illegal in Utah, New Mexico, and West Virginia.
Hawaii has made the crime a misdemeanor for a first time offense and a Class C Felony for a Second and/or subsequent offense. However, if the action involves or is committed in front of a minor it is a Class B Felony.
The law defines Animal Sexual Assault as (1) A person commits the offense of sexual assault of an animal if the person knowingly:
(a) Subjects an animal to sexual contact;
(b) Possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent to subject the animal to sexual contact;
(c) Organizes, promotes, conducts, or participates as an observer in an act where an animal is subject to sexual contact;
(d) Causes, coerces, aids, or abets another person to subject an animal to sexual contact;
(e) Permits sexual contact with an animal to be conducted on any premises under the person’s charge or control;
(f) Advertises, solicits, offers, or accepts the offer of an animal with the intent that it be subjected to sexual contact in the State; or
(g) Creates, distributes, publishes, or transmits, whether for commercial or recreational purposes, a pornographic image or material depicting a person subjecting an animal to sexual contact.
Once the person is convicted of the crime under the law, they are required to forfeit the animal and any other animals they have in the house, complete treatment, pay any restitution including expenses such as medical bills if they are not the owner of the animal. Additionally, the person is prohibited from:
“Harboring, owning, possessing, or exercising control over any animal; (ii) Residing in any household where animals are present; and (iii) Engaging in any occupation, whether paid or unpaid, or participating in a volunteer position at any establishment at which animals are present, for the length of time that the court 10 deems reasonable for the protection of all animals but no less than five years after the person’s release from imprisonment or court supervision.”
Hawaii also defines an animal under this new law, §711(7) as ““Animal” includes every living or dead creature, except a human being.”
