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Hawaii Revised Statutes

Haw. Rev. Stat. § 707-750 (2026)

  Promoting child abuse in the first degree

✓ current as of July 2026
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[PART VI.  CHILD ABUSE]

 

Cross References

 

  Internet crimes against children, see chapter 846F.

 

     §707-750  Promoting child abuse in the first degree.  (1)  A person commits the offense of promoting child abuse in the first degree if, knowing or having reason to know its character and content, the person:

     (a)  Produces or participates in the preparation of child pornography;

     (b)  Produces or participates in the preparation of pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct; or

     (c)  Engages in a pornographic performance that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct.

     (2)  As used in this section:

     "Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:

     (a)  The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or

     (b)  The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.

     "Community standards" means the standards of the State.

     "Computer" shall have the same meaning as in section 708-890.

     "Lascivious" means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.

     "Material" means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.

     "Minor" means any person less than eighteen years old.

     "Performance" means any play, motion picture film, dance, or other exhibition performed before any audience.

     "Pornographic" shall have the same meaning as in section 712-1210.

     "Produces" means to produce, direct, manufacture, issue, publish, or advertise.

     "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

     "Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.

     "Visual representation" refers to, but is not limited to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.

     (3)  The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material or the performance produced, directed, or participated in.  The fact that the person who was employed, used, or otherwise contained in the pornographic material or performance, was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.

     (4)  Promoting child abuse in the first degree is a class A felony. [L 1978, c 214, §1; am L 1982, c 218, §1; am L 1986, c 314, §58; am L 1988, c 91, §1; am L 1997, c 363, §1; am L 2002, c 200, §2; am L 2016, c 16, §1]

 

 

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1994–2026 · leading case: State v. Chun, 76 P.3d 935 (Haw. 2003).
Sort: Relevance Newest Treatment
State v. Chun, 76 P.3d 935 (Haw. 2003). · cites it 8× “" In addition, HRS §§ 707-750 (Supp.1998) ("Promoting child abuse in the first degree") and 707-751 (Supp.”
Outmezguine v. State, 641 A.2d 870 (Md. 1994). · cites it 4× “1993) (provides that a defendant must "knowingly" film or photograph a minor engaged in sexual conduct, but defines "knowingly" in an earlier section to mean knowledge of the "nature of the matter"); Haw. Rev. Stat. § 707-750 (1985 & Supp. 1992) (does not mention a scienter…”
State v. Jumila, 950 P.2d 1201 (Haw. 1998). · cites it 4× “[10] The ten class A felonies defined by the HPC are: Manslaughter, HRS § 707-702; Kidnapping, HRS § 707-720; Sexual Assault in the First Degree, HRS § 707-730; Promoting Child Abuse in the First Degree, HRS § 707-750; Extortion with Firearms, Explosives, and Dangerous Weapons,…”
Barnett v. State, 979 P.2d 1046 (Haw. 1999). · cites it 3× “HRS § 707-750(1) provides: Promoting child abuse in the first degree.”
State v. Alangcas., 345 P.3d 181 (Haw. 2015). “ense; (3) An act thát consists of: (A) Criminal sexual conduct toward a minor, including but not limited to an offense set forth in section 707-759; (B) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct; (C) Use of a minor in a sexual…”
State v. Alangcas, 318 P.3d 602 (Haw. App. 2013). “ense; (3) An act that consists of: (A) Criminal sexual conduct toward a minor, including but not limited to an offense set forth in section 707-759; (B) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct; (C) Use of a minor in a sexual…”
State v. Bunag (Haw. 2026). · cites it 4× “6 (2014); count 2, promoting child abuse in the first degree, HRS § 707-750(1)(a) (2014 & Supp. 2016); count 3, promoting child abuse in the second degree, HRS § 707-751(1)(a) (2014 & Supp.”
Killion v. State, 201 P.3d 628 (Haw. App. 2009). · cites it 2× “64, 167, 171, and 174), three counts of Sexual Assault in the Second Degree, in violation of HRS § 707-731 (1986) (Counts 176, 184, and 191), twelve counts of Sexual Assault in the First Degree, in violation of HRS § 707-730 (1986) (Counts 59, 60, 89, 90, 101, 128, 132, 133,…”
State v. Nagamine. (Haw. App. 2025). “) 2 HRS § 846F-2 (2014), entitled "Definitions," defines "Internet crimes against children" as certain specified offenses (internet crimes against children offenses or ICAC offenses), as follows: As used in this chapter, unless the context otherwise requires: "Internet crimes…”
— Haw. Rev. Stat. § 707-750(1) — 1 case
Barnett v. State, 979 P.2d 1046 (Haw. 1999). “HRS § 707-750(1) provides: Promoting child abuse in the first degree.”
— Haw. Rev. Stat. § 707-750(1)(a) — 1 case
State v. Bunag (Haw. 2026). “6 (2014); count 2, promoting child abuse in the first degree, HRS § 707-750(1)(a) (2014 & Supp. 2016); count 3, promoting child abuse in the second degree, HRS § 707-751(1)(a) (2014 & Supp.”
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