REPORT TITLE:
Prostitution; Coercion


DESCRIPTION:
Provides a civil cause of action for damages to persons injured
as a result of being coerced into prostitution.  (SB616 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROSTITUTION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5             LIABILITY FOR COERCION INTO PROSTITUTION
 
 6      §   -1 Title.  This Act may be cited as the Prostitution
 
 7 Coercion Liability Act.
 
 8      §   -2 Definitions.  As used in this chapter:
 
 9      "Coerce" means to use or threaten to use any form of
 
10 domination, restraint, or control for the purpose of causing an
 
11 individual to engage in prostitution.  Coercion exists if the
 
12 totality of the circumstances establish the existence of
 
13 domination, restraint, or control that would have the reasonably
 
14 foreseeable effect of causing an individual to engage in
 
15 prostitution.
 
16      "Prostitution" has the same meaning as provided in section
 
17 712-1200.
 
18      "Promoting prostitution" means promoting prostitution in the
 
19 first or second degree, as provided in sections 712-1202 and 712-
 
20 1203, respectively.
 

 
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 1      §   -3 Cause of action for coercion into prostitution.  An
 
 2 individual has a cause of action against a person who:
 
 3      (a)  Coerced the individual into prostitution; or
 
 4      (b)  Hired, or attempted to hire the individual to engage in
 
 5           prostitution, when a reasonable person would believe
 
 6           that the individual was coerced into prostitution by
 
 7           another person.
 
 8      §   -4 Evidence.  Acts that may serve as evidence in
 
 9 support of a claim under section    -3 include but are not
 
10 limited to:
 
11      (1)  Physical force or threats of physical force;
 
12      (2)  Physical or mental torture;
 
13      (3)  Leading an individual to believe that the individual
 
14           will be protected from violence or arrest;
 
15      (4)  Kidnapping;
 
16      (5)  Blackmail;
 
17      (6)  Extortion;
 
18      (7)  Threat of criminal prosecution for any violation of the
 
19           law;
 
20      (8)  Threat of interference with parental rights;
 
21      (9)  Restriction or interference with speech or
 
22           communication with others;
 
23     (10)  Isolation;
 

 
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 1     (11)  Exploitation of pornographic performance;
 
 2     (12)  Interference with opportunities for education;
 
 3     (13)  Destroying property of the individual; or
 
 4     (14)  In the case of a person coerced while a minor:
 
 5           (a)  Exploiting needs for food, shelter, safety,
 
 6                affection, or intimate relationship;
 
 7           (b)  Exploiting a condition of developmental
 
 8                disability, cognitive limitation, affective
 
 9                disorder, or substance dependency;
 
10           (c)  Promise of legal benefit, such as posting bail,
 
11                procuring an attorney, protecting from arrest, or
 
12                promising unionization; or
 
13           (d)  Promise of financial rewards.
 
14      §   -5 Damages.  A person entitled to bring an action under
 
15 section     -3 may recover all of the following damages:
 
16      (1)  Economic damages proximately caused by coercion into
 
17           prostitution;
 
18      (2)  Noneconomic damages proximately caused by coercion into
 
19           prostitution;
 
20      (3)  Exemplary damages;
 
21      (4)  Reasonable attorney's fees; and
 
22      (5)  Costs of suit, including reasonable expenses for expert
 
23           testimony.
 

 
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 1      §   -6 Joinder of parties.(a)  In the discretion of the
 
 2 court, two or more persons may join in one action under this
 
 3 chapter as plaintiffs if their respective actions involve an
 
 4 individual who engages in promoting prostitution by coercion.
 
 5      (b)  In the discretion of the court, two or more persons may
 
 6 be joined in one action under this chapter as defendants if those
 
 7 persons may be liable to at least one plaintiff.
 
 8      §   -7 Statute of limitations.(a)  A claim under this
 
 9 chapter may not be brought against a person more than two years
 
10 after an act of promoting prostitution by coercion by that
 
11 person.
 
12      (b)  The limitation period provided for in this chapter is
 
13 tolled:
 
14      (1)  During the minority of the individual who engages in
 
15           prostitution; or
 
16      (2)  Any time there is a criminal offense investigation
 
17           being actively conducted against the defendant by a
 
18           governmental agency or there is a criminal offense
 
19           charge, information, or indictment pending against the
 
20           defendant.
 
21      §   -8 Stay of action.  On motion by a governmental agency
 
22 involved in an investigation or prosecution for promoting
 
23 prostitution, an action brought under this chapter shall be
 

 
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 1 stayed until the completion of the criminal investigation or
 
 2 prosecution that gave rise to the motion for a stay of the
 
 3 action.
 
 4      §   -9 Other remedies preserved.  The remedies provided
 
 5 under this chapter do not restrict the right of any person to
 
 6 bring an action under other law, including common law, to recover
 
 7 damages arising out of the use of the individual in prostitution
 
 8 or the coercion incident to the individual being used in
 
 9 prostitution; nor does this chapter limit or restrict the
 
10 liability of any person under other law."
 
11      SECTION 2.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 3.  If any provision of this Act or the application
 
15 of any provision to any person or circumstance is held invalid,
 
16 the remainder of this Act and the application of such provision
 
17 to any other person or circumstance shall not be affected by that
 
18 invalidation.
 
19      SECTION 4.  This Act shall take effect upon its approval.