Hawaii - Finally Makes Sexual Assault against an Animal Ilegal
FINALLY … after years of waiting Hawaii finally passes a law, HB 1085/ SB343, making it illegal to sexually assault an animal. 2023, Hawaii made HI rev. Statute 711-1109.8 a law.
“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.”
This crime is a misdemanor for the first offense and a class C felony for the second or any subsequent offense, unless the offense subjected a minor to sexual contact with an imal or was committed inthe presence of a minor- then it is a class B felony.
Any Conviction of the crime can include - surrender or forfeiture of the animal involved in the assault is required as well as any other animals possessed by the perpetrator, requirements of attending an appropriate treatment program or obtain psychiatric or psychological counseling, at the defendant's expense, reimbursement to animal service contractor who takes the animal for costs of care, requirement to pay restitution to an owner of the animal victim if not the animal's owner; and restrainting the person convicted on future interaction with animals with the following: 1) Harboring, owning, possessing, or exercising control over any animal; 2) Residing in any household where animals are present; and 3) 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 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 defines an animal as “includes every living or dead creature, exvept a human being.” Hi Rev. Stat. 711-1109.8(7) and Sexual contact is defined as “intentional touching or penetration, however slight, of the sex organs, genitalia, mouth, or anus of an animal by a person or of a person by animal; or the intertion of a person’s body part or object into the sex oregans, genitalia, mouth, or anus of an animal.” Hi Rev. Stat. 711-1109.8(7)(a)-(b).
Hawaii also requires that all licensed veterinarians report if the animal under their care has been a victim of animal cruelty as prescribed under HI Rev. Stat 711-1108.5 or 711-1109. HI Rev. Stat. 471-18(b). Veterinarians are protected from any civil liability as a result of making any report or as a result of making any report of a a violation of 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35. HI Rev. Stat. 741-18(c).