§712-1217 Open lewdness. (1) A person
commits the offense of open lewdness if in a public place the person does any
lewd act which is likely to be observed by others who would be affronted or
alarmed.
(2) Open lewdness is a petty misdemeanor. [L
1972, c 9, pt of §1; gen ch 1993]
Cross References
Indecent exposure, see §707-734.
COMMENTARY ON §712-1217
This section penalizes open lewdness which does not amount to
a sexual offense under chapter 707 of this Code, but which "amounts to
gross flouting of community standards in respect to sexuality or nudity in
public."[1] The section does not apply to cult nudism because of the
requirement that the act take place when it is known by the actor that the
actor's conduct is likely to cause affront or alarm.
Case Notes
Section cited as example of statutory crime without
requirement of intention or knowledge. State v. Marley, 54 H. 450, 460, 509
P.2d 1095 (1973).
Intentional exposure of a person's private parts to public
view is a lewd act. 61 H. 62, 597 P.2d 10 (1979); 61 H. 68, 597 P.2d 13 (1979);
61 H. 70, 597 P.2d 15 (1979).
Female breasts are not private parts or genitalia, and
exposure thereof under existing circumstances was not a lewd act under
statute. 61 H. 68, 597 P.2d 13 (1979).
"Public place" construed. 61 H. 187, 600 P.2d 1379
(1979).
No double jeopardy for convictions under this section and
§707-734. 8 H. App. 535, 813 P.2d 335 (1991).
Defendant's act occurred in "public place" as it
was likely to be seen by any number of casual observers. 81 H. 99 (App.), 912
P.2d 596 (1996).
__________
§712-1217 Commentary:
1. M.P.C., Tentative Draft No. 13, comments at 82 (1961).
Notes of Decisions
Cited in
7
cases, 1979–2008 · leading case:
State v. Santiago, 813 P.2d 335 (Haw. App. 1991).
State v. Santiago, 813 P.2d 335 (Haw. App. 1991).
· cites it 20× “STATUTORY BAR Although HRS § 712-1217 does not define the tenn “lewd act,” the supreme court has held that “the intentional exposure of one’s private parts, where they are likely to be observed by others, is a ‘lewd act’ within the meaning of the statute.”
State v. Broad, 600 P.2d 1379 (Haw. 1979).
· cites it 15× “Broad appeals from his conviction for open lewdness in violation of HRS § 712-1217 (1976). 1 Appellant admitted to committing a lewd act.”
State v. Bull, 597 P.2d 10 (Haw. 1979).
· cites it 12× “The appellants were convicted of the offense of open lewdness under- the provisions of HRS § 712-1217 which provides: “Open Lewdness.”
State v. Whitney, 912 P.2d 596 (Haw. App. 1996).
· cites it 32× “HRS § 712-1217 states: Open lewdness. (1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.”
State v. Crenshaw, 597 P.2d 13 (Haw. 1979).
· cites it 4× “The appellants were convicted under the provisions of HRS § 712-1217 which provides: “A person commits the offense of open lewdness if in a public place he does any lewd act which is likely to be observed by others who would be affronted or alarmed.”
State v. Luhnow, 597 P.2d 15 (Haw. 1979).
· cites it 2× “This is an appeal from a conviction for open lewdness under HRS § 712-1217 which provides: “A person commits the offense of open lewdness if in a public place he does any lewd act which is likely to be observed by others who would be affronted or alarmed.”
United States v. Abregana, 574 F. Supp. 2d 1145 (D. Haw. 2008).
“The Court thus finds that the conduct could have resulted in a charge under Hawaii Revised Statutes § 712-1217, which provides: Open Lewdness.”
— Haw. Rev. Stat. § 712-1217(1) — 1 case
State v. Santiago, 813 P.2d 335 (Haw. App. 1991).
“STATUTORY BAR Although HRS § 712-1217 does not define the tenn “lewd act,” the supreme court has held that “the intentional exposure of one’s private parts, where they are likely to be observed by others, is a ‘lewd act’ within the meaning of the statute.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.