HRS §707-753
Defense for having child porn images
This section gives a defense to a charge of promoting child abuse in the third degree. You can use it if you had fewer than three child porn images and you either destroyed them or reported them to police. You must act quickly and in good faith, and not let anyone else see them.
The statute, as written — Affirmative defense to promoting child abuse
It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant: (a) Possessed less than three images of child pornography; and (b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof: (i) Took reasonable steps to destroy each such image; or (ii) Reported the matter to a law enforcement agency and afforded that agency access to each such image. [L 2002, c 200, pt of §1] COMMENTARY ON §§707-752 AND 707-753 Act 200, Session Laws 2002, added these sections to add the offense of third degree promoting child abuse that prohibits the knowing possession of child pornography and to provide an affirmative defense to [promoting] child abuse that includes cooperation with law enforcement or destruction of the child pornography. House Standing Committee Report No. 417-02.
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