When it comes to sex offender laws, Hawaii is among the states with a relative lack of restrictions. Hawaii sex offender laws demand annual registration, but the Aloha state gives more freedom to offenders to choose where they can live and work. Some registration requirements are also more flexible compared to the rest of the US.
*This article is for informational purposes only and is not meant to serve as legal advice. Please consult an attorney if you need to obtain legal advice.
Hawaii Sex Offender Registration Laws
According to sex offender stats, every 488th resident of Hawaii ends up on the sex offender list. That said, the Aloha state has one of the most successful sex offender treatment programs stateside, which has contributed to a low recidivism rate among its’ graduates’ – something along the lines of 2%. To put this into a better perspective, since 1988, the program has treated over 800 sex offenders, out of whom only 20 ended up behind the bars again for a new sex crime. The core of the program is teaching offenders to take accountability for their past behavior.
As of 2022, Hawaii has 3,029 people on the registry or 208 sex offenders for every 100,000 residents. These numbers don’t place Hawaii among the states with the most registered sex offenders, still, many argue that the lack of certain restrictions jeopardizes public safety.
Hawaii sex offender laws are defined in the HRS §846E-1. The definition of a sex offender in Hawaii is anyone convicted and imprisoned for or charged with a sex offense but released due to unfitness to proceed, defect, disorder, or disease that qualifies them to be released into the community or kept in other institutions. According to sex offender registration laws, Hawaii demands registration for the following crimes:
- Sexual assault
- Any engagement in child abuse
- Electronic indecent exposure to a child
- Electronic enticement of a child
- Indecent exposure
- Incest
- Privacy violation
- Other sexually motivated crimes.
According to registered sex offender laws in Hawaii, sex offenders must register within three working days of release from custody. Also, offenders must report to the local chief police officer in person within three days in the following situations:
- Release from prison or a legal commitment
- Return or release from a leave of absence
- Conviction for a sex crime
- Release on probation or placement on parole
- Arrival in Hawaii or within a county for more than 10 consecutive days.
Incarceration statistics show that many sex offenders end up in prison again for failing to comply with the Hawaii sex offender registry laws. Sexual offenders in Hawaii must register in person every year, within the month after their birthday. They must report any changes in registration information within three working days, but unlike in other states, in-person verifications are not mandatory. Hawaii sex offender registry laws demand lifetime registration unless the court orders termination of the registration requirements.
Classification of Crimes that Require Registration on the Sex Offenders List in Hawaii
Depending on the victim’s age, the perpetrator’s relationship with the victim, the use of force or weapons, and whether it’s a one-time or repeated offense, the sex offenses mentioned above are further classified into multiple levels of severity.
- First-degree sexual assault
Involves forcible sexual penetration, sexual penetration with a minor, mentally ill, incapacitated, or physically helpless person as a result of substance administrated by the perpetrator. First-degree sexual assault in Hawaii is treated as a Class A felony punishable by up to 20 years of prison.
- Second-degree sexual assault
It involves individuals employed in state and private correctional facilities, organizations that provide services to correctional facilities, and state law enforcement entities that have subjected imprisoned individuals to sexual penetration or non-consensual sexual penetration. Such violations in Hawaii are a Class B felony punishable by up to 10 years in prison and up to $25,000 in fines.
- Third-degree sexual assault
Involves cases where an individual recklessly or intentionally subjects a minor to sexual contact. Cases where the victim is between 13 and 16 and the offender is at least five years older, the offender and the victim are not married, and the offender knowingly subjects a mentally ill or physically helpless person to sexual contact may also fall under third-degree sexual assault. Hawaii sex offender laws treat third-degree crimes as a Class C felony punishable by up to five years in prison and up to $10,000 in fines.
- Fourth-degree sexual assault
Includes cases where the individual who subjects the victim to forceful sexual contact is not married to them. Sexually-motivated indecent exposure, trespassing on a property to observe a victim for sexual gratification, or when an individual is in a professional position to supervise, advise or instruct a minor, subjects the minor to sexual contact are cases that may be treated as fourth-degree sexual assault in Hawaii. These crimes are considered a misdemeanor punishable by up to one year in prison and up to $2,000 in fines. The court may order offenders guilty of fourth-degree sexual assault to undergo medical and mental examination before sentencing.
- Indecent exposure
Formerly known as fifth-degree sexual assault, indecent exposure is when an individual intentionally exposes their genitals to another person they aren’t married to, and the direction is sexually motivated. Indecent exposure is considered a petty misdemeanor punishable by up to 30 days in prison and up to $1,000 in fines.
- Incest
Incest is when one person engages in sexual penetration with a family member or any other person “within the degrees of affinity or consanguinity” where marriage is not allowed by law. It could lead to imprisonment of up to five years and fines of up to $10,000.
- Continuous sexual assault of a minor under 14 years of age
Involves cases where the offender engages in sexual contact or penetration with a minor younger than 14 at least three times over a period. It’s a Class A felony, punishable by up to 20 years of incarceration and up to $50,000 in fines.
- Violation of privacy
When the offender intentionally installs a recording device in a privately occupied place without the occupants’ consent, except in situations of public duty, the crime is known as a violation of privacy. It’s a Class C felony punishable by up to five years in prison and up to $10,000 in fines.
Types of Sex Offenders in Hawaii
Registered sex offenders in Hawaii are divided into covered and repeated covered offenders based on the type and severity of the sex crime.
- A covered Hawaii sex offender is anyone found guilty of a sex offense against a minor or other sex crimes. In some cases, charged offenders may be released due to mental or physical unfitness.
- Repeat-covered offenders are those convicted for more than one covered offense. A repeat-covered sex offender in Hawaii could also be a person charged for more than one covered offense but not convicted due to defect or unfitness.
Covered and repeat-covered sex offenders in Hawaii are further classified into three sex offender tiers. The Hawaii state sex offender registration laws for each tier are as follows:
- Tier 1 sex offenders
These include covered offenders who have maintained a clean criminal history for 10 years and have completed their sentence requirements and treatments. According to the Hawaii sex offender registry laws, they can petition the court for removal after 10 years on the registry, excluding the time spent in prison.
- Tier 2 sex offenders
According to sex offender registration laws in Hawaii, tier 2 sex offenders must register for at least 25 years, excluding prison time. They can petition the court to terminate registration obligations only if they aren’t repat-covered offenders, maintain a clean criminal history, and haven’t committed more serious offenses that would categorize them as Tier 3 offenders.
- Tier 3 sex offenders
Tier 3 sex offenders carry the highest risk of all Hawaii sex offender tier levels. They are found guilty of serious offenses like sexual assault in the first, second, or third degree, repeated sexual assault of a minor under 14, kidnapping, and other sex-related crimes. According to Hawaii state sex offender registration laws, tier 3 sex offenders must register for life. Still, they can petition the court for removal after 40 years on the registry or sooner if they meet specific requirements.
Information Collected by the Hawaii Criminal Justice Data Center Upon Registration
The Chapter 84E of the Hawaii Revised Statues requires the Hawaii Criminal Justice Data Center to collect the following information from sex offenders and offenders against minors in written and signed statements:
- Names and aliases
- Date of birth
- Sex, race, weight, height, hair color, eye color, and physical description, including any identifying marks like scars and tattoos
- Past, current, and future addresses
- Description of the offender’s area of residence
- Social security number
- Telephone number
- Email addresses and online identifiers like social media usernames, chatroom nicknames, etc.
- Employment details
- Professional licenses held by the offender
- Any other valid licenses and identification cards
- Names and addresses of educational organizations attended by the offender
- Information about any vehicles owned or operated by the offender
- Passport details and other immigration-related documents
- Citizenship information
- Current photograph
- Fingerprints and palm prints
- Buccal DNA sample
- Court judgment.
Collecting online identifiers is not the norm in some states, but with online predators statistics suggesting that such offenses are on the rise, Hawaii keeps a tight grip on sex offenders’ online behavior.
Information Available for Public View on the Hawaii Sex Offender Registry
The Hawaii sex offender database stores information about sex offenders and offenders against minors. Members of the public can see the following details about each offender:
- Full name and aliases
- Year of birth
- Gender
- Race
- Height and weight
- Eye color and hair color
- Identifying marks like scars, tattoos, or other marks
- Residential address
- Employment and education details
- Details about the offense
- Copy of the court judgment.
Members of the public often use the Hawaii sex offender map as a starting point in their research. They can set different filters, like offender type, zip code, radius, etc. To obtain more details about a person, or check their community, whoever has contact with their children, etc., individuals turn to third-party people search engines that host more extensive data. They typically have to provide information like full name and current address to receive a complete background report.
It’s important to know that the information on the Hawaii sex offender registry can’t be used as an excuse to harass or hurt sex offenders. Hawaii has laws that protect sex offenders from harassment and anyone who doesn’t respect them can become subject to civil liability, criminal prosecution, or both.
Hawaii Sex Offender Notification Laws
The sex offender laws in Hawaii cover public notification that involves multiple methods of notifying the public of the presence of sex offenders in their community. Every member of the public can access the information online by searching the Hawaii sex offender registry website or on-site by visiting the department of Criminal Justice in Hawaii.
Each county’s various Attorney General-designated stations provide access to this information every day, excluding weekends and holidays. Additionally, the Attorney General may notify any organization, company, or individual of new offenders or updates on existing offenders upon request. The Hawaii sex offender database has also established an email alert system that notifies members of the public who have signed up to get email updates when an offender moves into their area.
Hawaii Sex Offender Residency Restrictions
Hawaii is among the 20 states that allow offenders to reside wherever they want. That said, landlords are not keen on leasing to registered sex offenders. Most property owners or managers conduct tenant screening, allowing them to see things like credit and criminal history. When landlords see a sex offender status on the potential tenant reports, they typically move on to the next candidate. Housing for sex offenders in Hawaii is generally available in the worst neighborhoods.
Unlike in the states where residency restrictions prohibit offenders from being near schools, parks, or other places where children usually gather, registered sex offender laws in Hawaii allow them to move freely anywhere. Homeless offenders are often found in parks frequented by children. That said, sex offenders under supervision may have restrictions on where they can establish residence and move ordered by the judge in their Terms and Conditions of supervision. They might not be allowed to inhabit the same residence as minors unless the supervision officer approves.
Hawaii Sex Offender Work Restrictions
Offenders must report their employment details as part of their registration process and update them within three days when changes occur. Besides that, the sex offender laws in Hawaii don’t restrict offenders regarding employment. Those under supervision, however, may be banned from having direct or indirect contact with minors, meaning that jobs that involve such communication will be out of reach for those offenders. Offenders also tend to avoid jobs that perform employment drug testing due to substance abuse which is quite common among them.
Even without specific restrictions, sex offenders face considerable challenges in establishing a stable source of income. With the increasing number of employers reaching out to employment background check companies to verify candidates, offenders are often left with the lowest-paying or most physically demanding jobs.
Hawaii Sex Offender Travel Restrictions
The Hawaii sex offender laws for visitors require any sex offender visiting Hawaii to report to the local chief police officer within three days from arrival in the state if they intend to stay in the state for more than 10 consecutive days or more than 30 days in a calendar year. Hawaii sex offender laws for vacations shorter than 10 straight days and 30 days within a calendar year are not applicable.
Sexual offenders in Hawaii can also travel statewide or internationally unless on probation or parole. If their terms prohibit them from traveling, they must get approved to leave the state or country. According to SORNA, any international travel plans must be disclosed at least 21 days before departure.
Both Hawaii and outside offenders often travel out of necessity. Hiring statistics show they are typically picked last if at all among job applicants. The job scarcity naturally forces them to bounce around to make ends meet.
Failure to Register on the Sex Offender Registry in Hawaii Penalties
Failure to respect the sex offender laws and registration requirements in Hawaii is a Class C felony punishable by up to five years of incarceration and up to $10,000 in fines.
Hawaii Sex Offender Laws FAQs
Can sex offenders travel to Hawaii?
Sex offenders are allowed to travel to Hawaii. Hawaii sex offender laws for visiting don’t apply for short stays. If they intend to stay more than 10 consecutive days or more than 30 calendar days in a year, however, they must register as sex offenders at the local chief police officer within three days of arrival in Hawaii.
Does Hawaii have Megan’s law?
Yes, but Hawaii is one of the states with lenient sex offender laws.
Can a sex offender vacation in Hawaii?
Yes, a sex offender can vacation in Hawaii. Unlike employers that partner with criminal background check companies to verify candidates before they enter their organizations, states don’t work in the same way. According to Hawaii sex offender laws, sex offender registration within three working days is mandatory if offenders intend to vacation for more than 10 consecutive days or 30 days in a calendar year.
