Definitions of Human Trafficking - Hawaii

Date: July 2020

Defined in Child Protection Law

Citation: Rev. Stat. § 350-1

The term 'child abuse or neglect' means acts or omissions that have resulted in the physical health or welfare of the child who is under age 18 to be harmed or to be subject to a reasonably foreseeable, substantial risk of being harmed. The acts or omissions are indicated for the purposes of reports by circumstances that include, but are not limited to, when the child has been the victim of labor trafficking under chapter 707.

The term 'child abuse or neglect' includes instances when the child has been the victim of any of the following:

  • Prostitution
  • Obscene or pornographic photographing, filming, or depiction, or other similar forms of sexual exploitation
  • Other similar forms of sexual exploitation, including, but not limited to, acts that constitute an offense pursuant to § 712-1202(1)(b) (promoting prostitution of a person younger than age 18)

Definitions of Labor Trafficking

Citation: Rev. Stat. §§ 707-781; 707-780

A person commits the offense of labor trafficking if the person intentionally or knowingly provides or obtains, or attempts to provide or obtain, another person for labor or services by any of the following means committed against the other person:

  • Extortion
  • Kidnapping
  • Unlawful imprisonment
  • Assault or sexual assault
  • Force, deadly force, or unlawful force
  • An act of fraud, including making material false statements, misstatements, or omissions to induce or maintain the person to engage or continue to engage in the labor or services
  • Requiring that labor or services be performed to retire, repay, or service a real or purported debt, if:
    • Performing the labor or services is the exclusive method allowed to retire, repay, or service the debt.
    • The indebted person is required to repay the debt with direct labor in place of currency.
    • The above does not include labor or services performed by a child for the child's parent or guardian.
  • Withholding any of the person's government-issued identification documents with the intent to impede the movement of the person
  • Using any scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, then the person or a friend or a member of the person's family would suffer serious harm, serious financial loss, or physical restraint
  • Using or threatening to use any form of domination, restraint, or control over the person which, given the totality of the circumstances, would have the reasonably foreseeable effect of causing the person to engage in or to remain engaged in the labor or services

The term 'labor' means work of economic or financial value (not including prostitution-related and obscenity-related activities). The term 'services' means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party. 'Services' does not include prostitution-related and obscenity-related activities.

Definitions of Sex Trafficking of Minors

Citation: Rev. Stat. § 712-1202

A person commits the offense of promoting prostitution in the first degree if the person knowingly does either of the following:

  • Advances prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage in prostitution, or profits from such conduct by another
  • Advances or profits from prostitution of a person younger than age 18