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HAWAII : Rape/Molestation Statutes of Limitation

A person commits the offense of sexual assault in the first degree if:

1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;

2. The person knowingly subjects to sexual penetration another person who is less than fourteen years old.

First-degree sexual assault is a Class A felony.

A person commits the offense of sexual assault in the second degree if the person knowingly subjects another person:

1. to an act of sexual penetration by compulsion;

2. who is mentally defective, mentally incapacitated, or physically helpless;

3. to sexual penetration an imprisoned person, a person confined to a detention facility, while employed in a state correctional facility or while employed as a law enforcement officer.

Sexual assault in the second degree is a Class B felony.

1. The person recklessly subjects another person to an act of sexual penetration by compulsion;

2. The person knowingly subjects to sexual contact another person who is less than fourteen years old;

3. The person knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless;

4. The person, while employed in a state correctional facility, knowingly subjects to sexual contact an imprisoned person.

Sexual assault in the third degree is a Class C felony.

The statute of limitations for Hawaii allows six (6) years for the proseuction of a Class A felony.

Bob sexually assaults 13-year-old Jane. As this constitutes a Class A felony, Jane has six (6) years from the date of the incident in which to seek prosecution against Bob for his crime.

The statute of limitations for Hawaii allows three (3) years for the prosecution of all other felonies.

Bob commits an act of second-degree sexual assault against Jane. As a resident of Hawaii, Jane has three (3) years from the date of the crime to file charges against Bob.

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