Hawaii Revised Statutes

Haw. Rev. Stat. § 707-741 (2026)

Incest

✓ current as of July 2026

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§707-741 Incest. (1) A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited.

(2) Incest is a class C felony. [L 1972, c 9, pt of §1; am L 1987, c 176, §1; gen ch 1992]

Cross References

Degrees of consanguinity or affinity within which marriage is prohibited, see §572-1(1).

COMMENTARY ON §707-741

The Proposed Draft had recommended the deletion of incest as a crime. The legislature, however, decided to retain the offense and found "that sexual intercourse with another who is within the degrees of consanguinity or affinity within which marriage is prohibited by HRS §572-1 should be prohibited for the reason such marriages are prohibited." Conference Committee Report No. 2 (1972).

ADDITIONAL COMMENT

The Proposed Draft had suggested a provision (§741 of the Proposed Draft) that no person shall be convicted of a felony upon the uncorroborated testimony of the alleged victim. The legislature rejected this concept, however, since it felt that there is little probability of corroborating evidence in the cases listed in part V. The legislature felt that the corroborating evidence requirement would prevent effective enforcement of the acts prohibited under this part. Conference Committee Report No. 2 (1972).

Case Notes

Incest is a general intent crime. 66 H. 281, 660 P.2d 522 (1983).

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1983–2026 · leading case: State v. Torres, 660 P.2d 522 (Haw. 1983).

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State v. Torres, 660 P.2d 522 (Haw. 1983). · cites it 15× “The circuit court dismissed the Incest count on the ground that it did not charge an offense because it failed to allege the state of mind necessary to establish the offense.”

Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “§ 572-1 (1993); Haw. Rev. Stat. § 707-741 (1993); Idaho Code § 18-6602 (Lexis 1997); Idaho Code § 32-205 (Michie 1996); Ind.”

State v. Rinehart, 819 P.2d 1122 (Haw. App. 1991). · cites it 2× “HRS § 707-741 (1) (Supp. 1990). Count VII was for Sexual Assault in the Third Degree.”

State v. Tran (Haw. App. 2026). · cites it 4× “Bivens' definition of incest 7 was not consistent with HRS § 707-741(1) (2014). The State called Dr.”

— Haw. Rev. Stat. § 707-741(1) — 1 case

State v. Tran (Haw. App. 2026). “Bivens' definition of incest 7 was not consistent with HRS § 707-741(1) (2014). The State called Dr.”

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