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Hawaii Sex Offender Records

What is a Sex Offender?

The term “sex offender” refers to anyone who has been tried by the courts and found guilty of a sex-related offense. A sex offender can also be called a sexual predator or sexual abuser. Across states in the US, sex offenses have different classifications to denote levels of severity. State laws penalize sex offenses according to these classifications. Federal laws also prohibit and punish sex-related crimes.

Generally, sex-related crimes carry harsh penalties that may affect the offender’s quality of life. In Hawaii, for example, sex offenders must register. This registration seriously limits where sex offenders can live, work, and visit. Depending on the severity of the offense, sex offender registration can also limit the kinds of financial aid and opportunities the offender can access. Unlike other states where sex offenders can be taken off the registry after a period, registration in Hawaii is for life.

Who is Considered a Sex Offender in Hawaii?

According to HRS §846E-1, a sex offender is anyone who has been convicted of a sex-related crime. A sex offender in Hawaii is also a person who has been charged with a sex offense but has been released into the community because:

  • The person was found unfit to proceed
  • The person was acquitted due to a defect, disorder, mental or physical disease

As contained in HRS 707, sex offenses in Hawaii include:

  • Sexual assault
  • Incest
  • Indecent exposure
  • Promoting child abuse
  • Indecent electronic display to a child
  • Electronic enticement of a child
  • Privacy violation

What are the Different Types of Sex Offenses in Hawaii?

Sex offenses in Hawaii are categorized by severity; repeat offenses often attract harsher penalties than first-time offenses. Other factors also come into play in determining the severity of a sex offense, including the perpetuator’s relationship to the victim, the victim’s age, and the use of weapons or force. As highlighted in HRS 707, below are some sex offenses in Hawaii.

First-degree sexual assault: if a person knowingly forces another person to commit an act involving sexual penetration or engages in sexual penetration with a minor, the person commits first-degree sexual assault. HRS §707-730 also defines sexual assault as engaging in sexual penetration with a mentally defective or incapacitated person, or a person rendered physically helpless because of a substance the perpetrator administered without the victim’s consent. In Hawaii, first-degree sexual assault is a Class A felony, punishable by up to 20 years in prison.

Second-degree sexual assault: according to HRS §707-731, persons in the employ of state correctional facilities, companies providing services at correctional facilities, private correctional facilities, or state law enforcement may not subject any imprisoned person to sexual penetration. Neither may such officials subject persons held in correctional facilities or persons committed to the director of public safety to non-consensual sexual penetration. A violation of this section is a Class B felony, punishable by up to $25,000 in fines and imprisonment for up to ten (10) years.

Third-degree sexual assault: a person commits third-degree sexual assault when the person recklessly subjects another person to an act of sexual penetration, or if the person knowingly subjects a minor to sexual contact. According to HRS §707-732, third-degree sexual assault also comes into play when:

  • The victim is between 13 and 16 years old and the perpetrator is at least five (5) years older
  • The perpetrator is not married to the victim
  • The perpetrator willfully subjects a physically helpless or mentally decapacitated person to sexual contact.

Third-degree sexual assault is a Class C felony, punishable by fines of up to $10,000 and incarceration for up to five (5) years.

Fourth-degree sexual assault: any person who, without being married to the victim, subjects a victim to forceful sexual contact commits fourth-degree sexual assault. According to HRS §707-733, a person also commits fourth-degree sexual assault in the following cases:

  • When the person exposes genitals to another person and the perpetrator’s actions alarm or puts the victim in fear of bodily injury
  • When the person trespasses on property to survey another person for sexual gratification
  • When a person in a professional capacity to supervise, instruct, or advise a minor knowingly engages in sexual contact with the minor while being unmarried to the minor

Fourth-degree sexual assault is a misdemeanor in Hawaii, punishable by fines of up to $2,000 and incarceration for up to one (1) year. The court may order persons convicted of fourth-degree sexual assault to undergo medical and mental examination before sentencing.

Indecent exposure: formerly known as Sexual Assault in the Fifth Degree, indecent exposure takes place when a person intentionally exposes the person’s genitals to another person to which the perpetrator is not married, especially if the exposure is likely to cause affront. HRS §707-734 addresses indecent exposure and behaviors like streaking and nude sunbathing, which could result in an affront to others. Indecent exposure is a petty misdemeanor, punishable by fines of up to $1,000 and imprisonment for up to 30 days.

Incest: according to HRS §707-741, a person commits incest if the person engages in an act of sexual penetration with a family member such as a parent, sibling, niece, nephew an aunt or an uncle, or another person “within the degrees of affinity or consanguinity” where marriage is not allowed by law. Incest is a Class C felony in Hawaii. It is punishable by a fine of up to $10,000 and imprisonment for up to five (5) years.

Continuous sexual assault of a minor under 14: if a person lives with a minor or has access to the minor and engages in sexual contact or sexual penetration with the minor at least three (3) times over a period, the person commits continuous sexual assault of a minor under 14. In Hawaii, a defendant may only be charged with one count of this offense per time, except in cases that involve more than one victim. As provided by HRS §707-733.6, continuous sexual assault of a minor under 14 is a Class A felony, punishable by imprisonment for up to 20 years and fines of up to $50,000.

Violation of privacy: a person commits a violation of privacy in the first degree if the person intentionally installs a recording device in a private place without the occupants’ consent except in the execution of public duty. As defined by HRS §711-1110.9, a person also commits a violation of privacy in the first degree if the person broadcasts another person’s sexual activity or undress. Threats to disclose videos or images of another person engaged in sexual activity or naked also constitute a violation of privacy. Violation of privacy in the first degree is a Class C felony, punishable by imprisonment for up to five (5) years and fines of up to $10,000. In addition to fines and imprisonment, the court may also order the destruction of any recording made in violation of another person’s privacy. If the court does not order destruction, the court will seal the recording.

Types of Sex Offenders in Hawaii

Hawaii classifies sex offenders into covered offenders and repeated covered offenders. This classification is based on the nature and severity of the offense. Hawaii’s sex offender classification determines penalties, sex offender registration requirements, and available remedies.

  • Covered offenders: as provided by HRS §846E-1, a covered offender is an offender against a minor or a sex offender. Hawaii laws define sex offenders as persons who have been convicted or charged with sexual offenses. Such persons, when charged, maybe acquitted due to physical or mental unfitness. Covered offenders are also persons that the court finds unfit to proceed. Examples of sexual offenses include solicitation of a child for prostitution, use of a minor in a sexual performance, and criminal sexual conduct towards a minor.
  • Repeat-covered offenders: in Hawaii, a repeat-covered offender is a person that the court convicts of more than one covered offense. The term may also refer to a person that the court charges but do not convict of more than one covered offense due to unfitness or defect.

Covered offenders in Hawaii must register for life; however, any covered offender may petition the court for a termination of registration requirements after 40 years. Some tiers of covered offenders may petition the court sooner if the offenders meet certain requirements.

  • Tier 3: offenders in this tier are subject to registration for life and may only petition the court after 40 years. Some offenses in this category include first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, continuous sexual assault of a minor under 14, and kidnapping.
  • Tier 2: covered offenders in this category who have complied with sentence requirements for at least 25 years excluding time spent in custody may petition the court for a termination of registration requirements. Such parties must not be repeat-covered offenders and must not have been convicted of offenses more serious than those in Tier 3.
  • Tier 1: covered offenders who have maintained clean records for ten (10) years, that is, offenders who have completed sentence requirements, including treatments, and received no additional convictions in ten (10) years after release from custody may petition the court to terminate registration requirements. Offenses in this tier include those in Tier 3 and:
    • Attempts to commit sex offenses
    • Conspiracy to commit sex offenses
    • Unlawful imprisonment of a minor that involves sexual assault

How to Find a Sex Offender Near Me in Hawaii

According to §846E-2, sex offenders in Hawaii must register with the Attorney General. The Attorney General posts sex offender information on a public website. With this version of Megan’s law, the Hawaii courts aim to promote safety in the state by notifying the citizens of any sex offenders, sexual predators, or other covered offenders in local neighborhoods.

Interested persons may find sex offenders online through the National Sex Offender Public Website. On this website, requesting parties can search using the offender’s names, address, zip code, and address radius. Interested parties may also find sex offenders through Hawaii’s Sex Offender and Other Covered Offender Search.

What Happens When You Register as a Sex Offender in Hawaii?

Registering as a sex offender typically results in harsh consequences and limitations to the registrant. In many states, sex offender registration leads to restrictions in where the registrant can live, work, and be. Hawaii is one of the states that places no restrictions on where registered sex offenders may work or reside. However, if a covered offender is still under supervision, a judge may place certain restrictions on the offender. For example, the offender may require a supervision officer’s permission to reside in certain locations or contact minors.

Hawaii mandates sex offenders to register within three (3) working days of release from custody, parole, or within (3) days of arrival in the state. Failure to comply with registration requirements is a Class C felony, punishable by fines of up to $10,000 and imprisonment for up to five (5) years.

What is the Hawaii Sex Offender Registry?

The Hawaii Sex Offender Registry contains information on sex offenders and offenders against minors. The information kept on the registry includes the following:

  • Full name
  • Year of birth
  • Race
  • Weight
  • Eye color
  • Gender
  • Height
  • Hair color
  • Aliases
  • Scars, marks, or tattoos
  • Residential address
  • Employment and education information
  • Offense committed
  • Copy of the court judgment

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

Who Can View the Hawaii Sex Offender Registry?

All members of the public can search the Hawaii Sex Offenders Registry for information on registered persons.

What are the Sex Offender Laws in Hawaii?

Chapter 84E of the Hawaii Revised Statutes is the state’s governing law on sex offenders. The law states that the Hawaii Criminal Justice Data Center must collate written and signed statements from sex offenders. Each statement should contain the following:

  • Names, aliases, previous names, and other known names of the sex offender, date of birth, social security number, sex, race, height, weight, and hair, and eye color,
  • Telephone number
  • Present, temporary, and future addresses
  • Description of the sex offender’s area of residence,
  • Any electronic mail address, usernames on social media, internet identifiers, or internet addresses used by the sex offender,
  • Names and addresses of employers,
  • Professional licenses held by the offender,
  • Names and addresses of educational institutions the sex offender attends,
  • Description of vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the offender, and the address where all of these are kept,
  • Passport information and all documents detailing immigration status,
  • Offender’s citizenship,

The registry shall also collect the following information:

  • An up-to-date photograph,
  • Physical description of the offender,
  • Digitized fingerprint and palm prints,
  • Court judgment,
  • Buccal swab sample,
  • And any valid license or identification cards.

Offenders must register with the chief of police in person within three days of the following:

  • Arrival in Hawaii
  • Release from prison
  • Release from a legal commitment
  • Return or release from a leave of absence
  • A conviction for a sex offense
  • Release on probation
  • Placement on parole
  • Arrival within a county for more than 10 days

Can a Sex Offender Live With Their Family in Hawaii?

In the state of Hawaii, there are no laws prohibiting sex offenders from living with their families.

How Long Do Sex Offenders Have to Register in Hawaii?

Hawaii sex offenders are required to register for life, regardless of the sex offense committed. However, in certain cases, a sex offender may have their registration requirement terminated.

What Types of Sex Offenders Exist in Hawaii

The state maintains a unique classification system for sex offenses, which groups offenders into four categories. These include:

  • Sexual Assault in the First Degree – Class A Felony
  • Sexual Assault in the Second Degree – Class B Felony
  • Sexual Assault in the Third Degree – Class C Felony
  • Sexual Assault in the Fourth Degree – Misdemeanor

Sexual Assault in the First Degree – Class A Felony

First-degree sexual assaults are sex offenses that involve -

  • The use of force,
  • A minor who is 14 years or younger,
  • A minor who is between the ages of 14 and 16
  • An offender who is at least five years older than the victim
  • A mentally disabled victim
  • A victim drugged by the offender

Convicted persons can face up to 20 years in state prison and up to $50,000 in fines.

Sexual Assault in the Second Degree – Class B Felony

Second-degree sexual assaults are offenses that involve:

  • The use of force
  • An incapacitated or helpless person,
  • An inmate if the offender is a staff of the correctional facility

Persons convicted can face up to 10 years in prison and $25,000 in fines.

Sexual Assault in the Third Degree – Class C Felony

Third-degree sexual assaults are offenses that involve:

  • Forceful penetration
  • Sexual contact with a minor under the age of 14
  • An offender at least five years older than the victim
  • A mentally disabled person
  • An inmate where the offender is a staff of the correctional facility

If convicted, offenders can be sentenced to up to five years in prison and $10,000 in fines.

Sexual Assault in the Fourth Degree – Misdemeanor

Fourth-degree sexual assaults are offenses that involve:

  • Force or compulsion
  • Exposure of genitals in a manner that can be considered an affront
  • Trespassing and peeping

Convicted persons face up to one year in jail and $2,000 in fines.

Do Sex Offenders Have to Notify Neighbors in Hawaii?

Hawaii sex offenders are not obligated to notify neighbors of their sex offender status. However, when a sex offender moves to a new location within the state, the person must update their information by mailing a completed Covered Offender Update with a signed written statement that verifies that the information on the form is up to date. The form should be mailed to the:

Hawaii Criminal Justice Data Center
Department of the Attorney General
465 S. King Street, Room 102
Honolulu, HI 96813
Phone: (808) 587-3350

Thereafter, the registrant should visit the Hawaii Criminal Justice Data Center or any local police station to fill out a Covered Offender Registration Record Form. Offenders may visit any of the following locations to complete their registration.

City and County of Honolulu
Honolulu Police Department
Records Division
801 S. Beretania Street
Honolulu, HI 96813
(808) 529-3191
Tuesday, Wednesday & Thursday
10:00 a.m. to 3:30 p.m.

Hawaii Criminal Justice Data Center
Department of the Attorney General
465 S. King Street, Room 102
Honolulu, HI 96813
(808) 587-3350

Hawaii State Sheriffs Division
Kapolei Judiciary Complex
4675 Kapolei Parkway
Kapolei, HI 96707
(808) 954-8300
Tuesday & Thursday
10:00 a.m. to 2:00 p.m.
By appointment only.

Hawaii State Sheriffs Division
Keawe Station
240 Keawe Street
Honolulu, HI 96813
(808) 587-3641
Monday & Friday
10:00 a.m. to 2:00 p.m.

Hawaii County:
Hilo Police Station
Receiving Desk
349 Kapiolani Street
Hilo, HI 96720
(808) 961-2349

Kona Police Station
74-5221 Queen Kaahumanu Highway
Kailua-Kona, HI 96740
(808) 326-4646

Hawaii State Sheriffs Division
Hale Kaulike
777 Kilauea Avenue
Hilo, HI 96720
(808) 933-8833

Hawaii State Sheriffs Division
Keakealani Building
79-1020 Haukapila Street
Kealakekua, HI 96750
(808) 322-4847

Kauai County:
Kauai Police Department
3990 Kaana Street
Lihue, HI 96766
(808) 241-1660

Hawaii State Sheriffs Division
Puuhonua Kaulike Building
3970 Kaana Street
Lihue, HI 96766
(808) 482-2470

Maui County:
Maui Police Department
Records Division
55 Mahalani Street
Wailuku, HI 96793
(808) 244-6345

Lanai Police Station
855 Fraser Avenue
Lanai City, HI 96763
(808) 565-6428

Molokai Police Station
110 Aiona Street
Kaunakakai, HI 96748
(808) 553-5355

Hawaii State Sheriffs Division
Hoapili Hale
2145 Main Street
Wailuku, HI 96793
(808) 244-2905
Friday
By appointment only.

How Close Can a Sex Offender Live to a School in Hawaii?

There are no restrictions on where sex offenders can live in Hawaii. However, this may be subject to the judgment convicting the offender or the terms and conditions of their supervision.

Can You Expunge a Sex Offender Charge in Hawaii?

In Hawaii, a sex offender may bring a petition to the court, praying that the registration requirements be brought to an end. Similarly, an offender may petition the Attorney General to have their registration requirements terminated if the offender can prove that the offense was committed outside the state of Hawaii and has been duly expunged. Petitions are also allowed if the offender can prove that the conviction was outside Hawaii and the offense is not recognized under Hawaii’s sex offender laws.

How to Look Up Sex Offenders in Hawaii

The Sex Offender Registry can be searched by selecting the offender type. This is to specify a search for sex offenders or offenders against minors. Requesters can also select a Covered Offender Status option, for all, absconded, out-of-state, noncompliant, or incarcerated offenders. Searchers may also find records by providing a first name, last name, street name, city, and radius up to 3 miles. When performing a radius search, requesters may skip the zip code field.

Is Public Urination a Sex Offense in Hawaii?

Public urination in Hawaii is not considered a sex offense. However, persons may be charged with indecent exposure for exposing their genitals to another person who is not the offender’s spouse, in a manner that is equivalent to an affront. Indecent exposure in this sense is a petty misdemeanor under the law.

How to Report a Sex Offender in Hawaii

Members of the public with complaints about sex offenders or suspected sex offenders in Hawaii should reach out to the Investigations Division, Department of the Attorney General, or call their office at (808) 587-4373. A sex offender’s failure to comply with their registration requirements is regarded as a Class C felony offense.

Persons with information can also visit the Hawaii Criminal Justice Data Center with complaints or evidence. The office is located at:

Hawaii Criminal Justice Data Center
Department of the Attorney General
465 S. King Street, Room 102
Honolulu, HI 96813
Phone: (808) 587-3350

Honolulu Police Department
801 S. Beretania Street
Honolulu, HI 96813

Kauai Police Department
3990 Kaana Street
Lihue, HI 96766

Hilo Police Station
349 Kapiolani Street
Hilo, HI 96720

Lanai Police Station
855 Fraser Avenue
Lanai City, HI 96793

Kona Police Station
74-5221 Queen Kaahumanu Highway
Kailua-Kona, HI 96740