Haw. Rev. Stat. § 712-1207
(b) Alters the boundaries of any existing area under paragraph (a);
provided that not more than four areas may be designated within the State.
(8) For purposes of this section:
"Area" means any zone within a county that is defined with specific boundaries and designated as a zone of significant prostitution by this section or a county ordinance.
"Public property" includes any street, highway, road, sidewalk, alley, lane, bridge, parking lot, park, or other property owned or under the jurisdiction of any governmental entity or otherwise open to the public.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" has the same meaning as in section 712-1200(2).
"Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.
(c) Otherwise be penalized,
pursuant to this section, if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense.
[L 1998, c 149, §2; am L 2000, c 143, §1; am L 2011, c 145, §8; am L 2021, c 68, §7; am L 2025, c 261, §4]
Act 149, Session Laws 1998, added this section to require that as a mandatory condition of probation and bail, defendants are to observe geographic restrictions prohibiting them from entering or walking on the public streets or sidewalks of Waikiki during the hours from 6 p.m. to 6 a.m. Defendants that live in Waikiki and choose to remain in Waikiki during the prohibited hours are required to stay off the streets and sidewalks during those hours. The legislature believed that although the restriction covered a large physical space, it was narrowly tailored to cover only the hours most closely associated with the crime. Also, the restriction was sufficiently definite to provide adequate notice of the behavior that is prohibited. Act 149 also allowed the counties to enact ordinances regulating street solicitation that shall supersede the provisions of this section. Conference Committee Report No. 83.
Act 143, Session Laws 2000, amended this section by expanding the prohibition of street solicitation of prostitution from Waikiki to other areas designated by the council of the appropriate county, but to not more than four areas of the State. The legislature found that allowing counties to designate additional areas as "prostitution-free zones" could provide counties with a way to address the proliferation of prostitution beyond the Waikiki area. This Act also provided for the denial of bail to those persons arrested for violating the terms of bail or probation upon entering the prohibited designated areas. Conference Committee Report No. 72.
Act 145, Session Laws 2011, amended this section by extending the offense of solicitation of prostitution to include those who pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct. Conference Committee Report No. 76.
Act 68, Session Laws 2021, amended this section to: (1) rename the offense to reference commercial sexual exploitation; and (2) provide that the compensation for engaging in sexual conduct includes anything of value. The legislature found that sex trafficking is an ever-evolving criminal enterprise in which traffickers and exploiters find various means to sexually exploit the most vulnerable in the community. The legislature further found that protecting victims from sexual exploitation and holding offenders accountable is difficult given the disparity in power between the victims and perpetrators, and that amending Hawaii's sex trafficking laws to better reflect the current reality and challenges would improve outcomes for trafficking victims and survivors. Senate Standing Committee Report No. 1654, Conference Committee Report No. 45.
Act 261, Session Laws 2025, amended this section to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. The legislature found that sex trafficking remained a serious issue in the State. Survivors often face significant barriers to seeking help, including fear of prosecution, stigma, and a lack of access to trauma-informed care. The legislature further found that criminalizing survivors only deepens their suffering, creating barriers to seeking help and perpetuating stigma. Accordingly, Act 261 established safe harbor protections to ensure that survivors who seek medical or law enforcement assistance are not criminalized for their exploitation and, instead, are given the opportunity to access support, seek justice, and rebuild their lives. House Standing Committee Report No. 1209, House Standing Committee Report No. 1729.
By the express terms of subsections (4) and (5), the offense of street solicitation under subsection (1) is probationable, and thus not excludable under §853-4(5); appeals court therefore erred in affirming trial court's refusal to consider defendant's motion for a deferred acceptance of no contest plea. 116 H. 519, 174 P.3d 358 (2007).
Based on the clear and unambiguous language of this section, the offense of street solicitation of prostitution can only be committed by the person who offers or agrees to engage in sexual conduct with another person in a prohibited area "in return for a fee"; thus it is only the recipient of the fee, and not the payor of the fee, who can commit the offense. 120 H. 478 (App.), 210 P.3d 1 (2009).