Haw. Rev. Stat. § 707-752
(2) As used in this section:
"Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:
(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.
"Community standards" means the standards of the State.
"Computer" shall have the same meaning as in section 708-890.
"Lascivious" means tending to incite lust, to deprave the morals with respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.
"Material" means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.
"Minor" means any person less than eighteen years old.
"Pornographic" shall have the same meaning as in section 712-1210.
"Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
"Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.
"Visual representation" includes but is not limited to undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.
[L 2002, c 200, pt of §1; am L 2016, c 16, §3]
Act 16, Session Laws 2016, amended §707-752 by amending the definition of the term "sexual conduct" as that term is used in the Penal Code for the offense of promoting child abuse in the third degree. The amendments made by Act 16 aligned the term, as used in state law, more closely with the terminology used in federal law by expanding the definition of "sexual conduct" to include specific types of conduct. Act 16 also removed unnecessary and archaic language regarding sexual orientation. House Standing Committee Report No. 1124-16.
Based on all of the relevant circumstances--that TSA screeners saw photographs of nude and semi-nude children, at least one, if not two photos they saw contained child pornography, and there were additional photos that they were aware of--HCPD officers had an objectively reasonable belief that defendant had committed a violation of this section; in effect, probable cause to arrest defendant existed. 835 F. Supp. 2d 938 (2011).