[§707-752] Promoting child abuse in the
third degree. (1) A person commits the offense of promoting child abuse
in the third degree if, knowing or having reason to know its character and
content, the person possesses:
(a) Child pornography;
(b) Any book, magazine, periodical, film, videotape,
computer disk, electronically stored data, or any other material that contains
an image of child pornography; or
(c) Any pornographic material 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 the 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 with 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.
"Pornographic" shall have the same
meaning as in section 712-1210.
"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" includes 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. The fact that the person who was employed, used, or otherwise
contained in the pornographic material 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 third degree
is a class C felony. [L 2002, c 200, pt of §1; am L 2016, c 16, §3]
COMMENTARY ON §§707-752 AND 707-753
Act 16, Session Laws 2016, amended §707-752 by amending the
definition of the term "sexual conduct" as that term is used in the
Penal Code for the offense of promoting child abuse in the third degree. The
amendments made by Act 16 aligned the term, as used in state law, more closely
with the terminology used in federal law by expanding the definition of
"sexual conduct" to include specific types of conduct. Act 16 also
removed unnecessary and archaic language regarding sexual orientation. House
Standing Committee Report No. 1124-16.
Case Notes
Based on all of the relevant circumstances--that TSA
screeners saw photographs of nude and semi-nude children, at least one, if not
two photos they saw contained child pornography, and there were additional
photos that they were aware of--HCPD officers had an objectively reasonable
belief that defendant had committed a violation of this section; in effect,
probable cause to arrest defendant existed. 835 F. Supp. 2d 938 (2011).
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 2007–2026 · leading case:
United States v. McCarty, 835 F. Supp. 2d 938 (D. Haw. 2011).
United States v. McCarty, 835 F. Supp. 2d 938 (D. Haw. 2011).
· cites it 20× “HCPD officer Norbert Serrao (“Serrao”) reviewed the materials and arrested Defendant for violation of HRS § 707-752, promotion of child abuse in the third degree.”
United States v. McCarty, 672 F. Supp. 2d 1085 (D. Haw. 2009).
· cites it 9× “Although HCPD arrested Defendant, the parties agree that the HCPD arrest was valid only if the TSA’s administrative search of the Defendant’s Travel Pro suitcase resulted in probable cause that Defendant violated HRS § 707-752. Based on the evidence and testimony provided, the…”
State v. McKnight., 319 P.3d 298 (Haw. 2013).
· cites it 3× “(“McKnight”) was charged via indictment with Count 1, Electronic Enticement of a Child in the First Degree, in violation of Hawai#i Revised Statutes (“HRS”) § 707-756 (“Electronic Enticement”), and Count 2, Promoting Child Abuse in the Third Degree, in violation of HRS *** FOR…”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007).
“§ 16-12-100; Haw.Rev.Stat. § 707-752; Idaho Code §§ 18-1507 , 18-1507(A); 720 Ill.”
State v. Auld., 361 P.3d 471 (Haw. 2015).
“to negligent homicide in the second degree; section 707-711 relating to assault in the second degree; section 707-713 relating to reckless endangering in the first degree; section 707-716 relating to terroristic threatening in the first degree; section 707-721 relating to…”
State v. McKnight, 289 P.3d 964 (Haw. App. 2012).
· cites it 5× “HRS § 707-752(l)(a) provides, in pertinent part, as follows: [§ 707-752] Promoting child abuse in the third degree.”
State v. Bunag (Haw. 2026).
· cites it 4× “2016); and count 4, promoting child abuse in the third degree, HRS § 707-752(1)(b) (2014 & Supp. 2016). In May 2023, the circuit court granted the State’s motion for nolle prosequi as to count 2.”
State v. Offerman, 188 P.3d 831 (Haw. App. 2008).
· cites it 5× “2007) provides: § 707-752 Promoting child abuse in the third degree.”
State v. Sysomboun-makilan, 204 P.3d 500 (Haw. App. 2009).
· cites it 2× “2008); and Count II, Promoting Child Abuse in the Third Degree, in violation of HRS § 707-752 (1) (a) (Supp. 2008). On January 11, 2006, Makilan entered guilty pleas to both charges and moved the circuit court to defer acceptance of his pleas (Motion to Defer).”
State v. Nagamine. (Haw. App. 2025).
“in specified offenses (internet crimes against children offenses or ICAC offenses), as follows: As used in this chapter, unless the context otherwise requires: "Internet crimes against children" means promoting child abuse in the first degree under section 707-750, promoting…”
— Haw. Rev. Stat. § 707-752(1) — 1 case
United States v. McCarty, 835 F. Supp. 2d 938 (D. Haw. 2011).
“HCPD officer Norbert Serrao (“Serrao”) reviewed the materials and arrested Defendant for violation of HRS § 707-752, promotion of child abuse in the third degree.”
— Haw. Rev. Stat. § 707-752(1)(a) — 2 cases
State v. McKnight., 319 P.3d 298 (Haw. 2013).
“(“McKnight”) was charged via indictment with Count 1, Electronic Enticement of a Child in the First Degree, in violation of Hawai#i Revised Statutes (“HRS”) § 707-756 (“Electronic Enticement”), and Count 2, Promoting Child Abuse in the Third Degree, in violation of HRS *** FOR…”
State v. Offerman, 188 P.3d 831 (Haw. App. 2008).
“2007) provides: § 707-752 Promoting child abuse in the third degree.”
— Haw. Rev. Stat. § 707-752(1)(b) — 1 case
State v. Bunag (Haw. 2026).
“2016); and count 4, promoting child abuse in the third degree, HRS § 707-752(1)(b) (2014 & Supp. 2016). In May 2023, the circuit court granted the State’s motion for nolle prosequi as to count 2.”
— Haw. Rev. Stat. § 707-752(2) — 1 case
United States v. McCarty, 835 F. Supp. 2d 938 (D. Haw. 2011).
“HCPD officer Norbert Serrao (“Serrao”) reviewed the materials and arrested Defendant for violation of HRS § 707-752, promotion of child abuse in the third degree.”
— Haw. Rev. Stat. § 707-752(l)(a) — 2 cases
State v. McKnight., 319 P.3d 298 (Haw. 2013).
“(“McKnight”) was charged via indictment with Count 1, Electronic Enticement of a Child in the First Degree, in violation of Hawai#i Revised Statutes (“HRS”) § 707-756 (“Electronic Enticement”), and Count 2, Promoting Child Abuse in the Third Degree, in violation of HRS *** FOR…”
State v. McKnight, 289 P.3d 964 (Haw. App. 2012).
“HRS § 707-752(l)(a) provides, in pertinent part, as follows: [§ 707-752] Promoting child abuse in the third degree.”
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