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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33253
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hawaii. What is the penalty if a sex offender does not register

Customer Question

Hawaii. What is the penalty if a sex offender does not register in the State of Hawaii. The offence occurred 25 years ago in Canada. I am a US Citizen.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 years ago.
Rather than retype the info here I am going to give you a link to a website where the info is available and is updated regularly http://www.klaaskids.org/st-haw.htm.


In Hawaii the crime is a Class C felony which carries a sentence of up to 5 years. However, in 2001 the Hawaii sex offender registration statute was declared unconstitutional by the State Supreme Court under Hawaii's Constitution. Another statute was enacted and hasn't been challenged under that theory yet. I believe the US Supreme Court said the old statute was not unconstitutional though.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.





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Customer: replied 6 years ago.
I just read the law, and I am confused because it says "...and who is found unfit to proceed..."

25 years ago I turned myself in for a sex offence with a minor. I was charged, served my time and received treatment. I have not re-offended.

Does this mean that because "I was fit...and completed my sentence" that I do not have to register:
From the website you provided me:
Offenders Required to Register: Any person convicted at any time of a “sexual offense” or "crime against minors" or charged at any time with a “sexual offense” or "crime against minors" and who is found unfit to proceed and is released into the community or who is acquitted due to a physical or mental disease, disorder, or defect and is released into the community is required to register for life. Further information, including definition of the terms "sexual offense" and "crime against minor," can be found in chapter 846E, Hawaii Revised Statutes (HRS).
Expert:  Dwayne B. replied 6 years ago.
It is very vague and I suspect will be found unconstitutional if ever challenged. However, what I would suggest is preemptively filing a lawsuit asking the court to determine if you are required to register. That way you are protected. It would cost you a little money, but significantly less than if you went to prison.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 6 years ago.
I am 59 years old. If I file a lawsuit against the state, or if I register, it will ruin my business...and my life.
I really don't know what to do. I'm sick over this. Thanks for trying, but I don't feel I'm any further ahead.
Expert:  Dwayne B. replied 6 years ago.
To me, the statute appears to include you. The "appears unfit to proceed" would appear to be for someone who is charged, but is unfit for trial, usually due to mental illness. The "and" that precedes that section deals with being charged. I think if you are convicted then you have to register. You may want to check with a local lawyer and see if he thinks the judge will allow a "John Doe" type lawsuit. That is where your identity is secret, like in Roe v. Wade.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 6 years ago.
Thanks, XXXXX XXXXX do that. No reply required.
Expert:  Dwayne B. replied 6 years ago.
I have to hit a reply or it keeps flashing on my screen. Best wishes to you.

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