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Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 712-1206

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) For the purposes of this section:

“Public place” means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building that fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

“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.

(2) Any person who remains or wanders about in a public place and repeatedly:

(a) Beckons to, stops, or attempts to stop or engage passers-by in conversation;

(b) Stops or attempts to stop motor vehicles;  or

(c) Interferes with the free passage of other persons, for the purpose of committing the crime of prostitution as that term is defined in section 712-1200 shall be guilty of a violation.

(3) Any person who remains or wanders about in a public place and repeatedly:

(a) Beckons to, stops, or attempts to engage passers-by in conversation;

(b) Stops or attempts to stop motor vehicles;  or

(c) Interferes with the free passage of other persons, for the purpose of committing the crime of advancing prostitution as that term is defined in section 712-1201(1) shall be guilty of a petty misdemeanor.

(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:

(a) Be arrested, charged, prosecuted, or convicted;

(b) Have their property be subject to civil forfeiture;  or

(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.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 712-1206 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-712-1206/

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