HB 177 Summary

• Amends sexual assault in the first degree (HRS 707-730) to require only negligence (rather than knowledge) regarding the victim's mental defect, adding language "provided that the actor is negligent in not knowing of the mental defect of the victim" to subsection (1)(d).

• Amends sexual assault in the third degree (HRS 707-732) by adding a new subsection (1)(e) establishing negligence standard for sexual contact with mentally defective persons, and renumbering subsequent provisions accordingly.

• Updates sex offender registration requirements (HRS 846E-10) to ensure offenses involving mentally defective victims under the new negligence standard are properly classified for registration tier purposes.

• Provides that the Act does not affect rights, duties, penalties, or proceedings that matured or began before the effective date.

• Effective upon approval.