A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.
The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Hawaii, the criminal offense of sexual assault of a child is addressed under Hawaii Revised Statutes Section 707-730 through 707-733. These statutes define various degrees of sexual assault, which include acts of penetration or contact between the sexual organs or anus of a child and the sexual organs, mouth, or anus of the perpetrator, as well as other forms of sexual contact with a minor. The severity of the offense and the corresponding penalties depend on factors such as the age of the child, the age difference between the offender and the child, and the nature of the act. Hawaii law does not require the perpetrator to have knowledge of the child's age for the act to be considered a criminal offense. Sexual assault of a child in Hawaii is a serious felony, and convictions can result in significant prison time, fines, and registration as a sex offender.