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712-1210 HAWAII PENAL CODE
<br />(a) It is primarily devoted to explicit and detailed narrative accounts of
<br />sexual excitement, sexual conduct, or sadomasochistic abuse; and:
<br />(i) It is presented in such a manner that the average person apply-
<br />ing contemporary community standards, would find that, taken
<br />as a whole, it appeals to a minor's prurient interest; and
<br />(ii) Taken as a whole, it lacks serious literary, artistic, political, or
<br />scientific value; or
<br />(b) It contains any photograph, drawing, or similar visual representation
<br />of any person of the age of puberty or older revealing such person
<br />with less than a fully opaque covering of his or her genitals and
<br />pubic area, or depicting such person in a state of sexual excitement
<br />or engaged in acts of sexual conduct or sadomasochistic abuse; and:
<br />(i) It is presented in such a manner that the average person,
<br />applying contemporary community standards, would find that,
<br />taken as a whole, it appeals to a minor's prurient interest; and
<br />(ii) Taken as a whole, it lacks serious literary, artistic, political, or
<br />scientific value.
<br />(8) "Sexual conduct" means acts of masturbation, homosexuality,
<br />lesbianism, bestiality, sexual intercourse or physical contact with a per-
<br />son's clothed or unclothed genitals, pubic area, buttocks, or the breast or
<br />breasts of a female for the purpose of sexual stimulation, gratification, or
<br />perversion.
<br />(9) `Sexual excitement" means the condition of the human male or female
<br />genitals when in a state of sexual stimulation or arousal.
<br />(10) "Sadomasochistic abuse" means flagellation or torture by or upon a
<br />person as an act of sexual stimulation or gratification. [L 1972, c 9, pt of
<br />§1;amL1981,c106,§1]
<br />COMMENTARY ON §712-1210
<br />Act 106, Session Laws 1981, added the definition of "community standards," to mean a statewide
<br />standard. It also amended the definitions of "pornographic" and "pornographic to minors." The
<br />conference committee stated in its report (Senate Conference Committee Report No. 14 and House
<br />Conference Committee Report No. 12) that the amendments were merely to conform the definitions to the
<br />holdings of the United States Supreme Court in Miller v. California, 413 U.S. 15 (1973) and the Hawaii
<br />Supreme Court in State v. Manzo, 58 Haw. 440 (1978).
<br />Law Journals and Reviews
<br />State v. Kam: The Constitutional Status of Obscenity in Hawaii. 11 UH L. Rev. 253.
<br />Case Notes
<br />Pornographic. ,
<br />Construed; provision not unconstitutional for overbreadth or void for vagueness. 58 H. 440, 573 P.2d
<br />945.
<br />Material held to be "utterly without redeeming social value." 63 H. 418, 629 P.2d 1130.
<br />Cited: 413 U.S. 15, 93 S.Ct. 2607.
<br />§712-1211 Displaying indecent matter. (1) A person commits the offense
<br />of displaying indecent matter if the person knowingly or recklessly displays on any
<br />sign, billboard, or other object visible from any street, highway, or public sidewalk, a
<br />photograph, drawing, sculpture, or similar visual representation of any person of the
<br />age of puberty or older:
<br />(a) Which reveals the person with less than a fully opaque covering over his
<br />or her genitals, pubic area, or buttocks, or depicting the person in a state
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