Hawaii Revised Statutes, Chapter 663J — Liability for Coercion into Sex Trafficking and Sexual Exploitation

Division 4. Courts and Judicial Proceedings — Title 36. Civil Remedies and Defenses and Special Proceedings

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 4 Courts and Judicial Proceedings

Title 36 Civil Remedies and Defenses and Special Proceedings

Chapter 663J Liability for Coercion into Sex Trafficking and Sexual Exploitation

§663J-1 Title

This chapter may be cited as the Sex Trafficking and Sexual Exploitation Coercion Liability Act.

[L 1999, c 203, pt of §2; am L 2016, c 206, §3; am L 2025, c 20, §3]

§663J-2 Definitions

As used in this chapter:

"Business" includes a transient accommodation or any other commercial activity.

"Coerce" means to use or threaten to use any form of domination, restraint, or control for the purpose of causing an individual to engage in or remain in sexual exploitation or to relinquish earnings derived from sexual exploitation. Coercion exists if the totality of the circumstances establish the existence of domination, restraint, or control that would have the reasonably foreseeable effect of causing an individual to engage in or remain in sexual exploitation or to relinquish earnings derived from sexual exploitation.

"Sex trafficking" means any act included under section 712-1202 or 712-1203.

"Sexual exploitation" has the same meaning as "prostitution" as that offense is described in section 712-1200.

[L 1999, c 203, pt of §2; am L 2016, c 206, §4; am L 2025, c 20, §4]

§663J-3 Cause of action for coercion into sexual exploitation or sex trafficking

An individual shall have a cause of action against a person, business, business owner, or business operator who:

(1) Coerced the individual into sexual exploitation or to remain in sexual exploitation, or subjected the individual to sex trafficking;

(2) Used coercion to collect or receive any of the individual's earnings derived from sexual exploitation or from being the subject of sex trafficking;

(3) Hired, or attempted to hire, the individual to engage in sexual exploitation, when a reasonable person would believe that the individual was coerced into sexual exploitation by another person or was being subjected to sex trafficking; or

(4) Profited from coercing the individual into sexual exploitation or subjecting the individual to sex trafficking.

[L 1999, c 203, pt of §2; am L 2016, c 206, §5; am L 2025, c 20, §5]

§663J-4 Evidence

Acts that may serve as evidence in support of a claim under section 663J-3 include but are not limited to:

(1) Physical force or threats of physical force;

(2) Physical or mental torture;

(3) Leading an individual to believe that the individual will be protected from violence or arrest;

(4) Kidnapping;

(5) Blackmail;

(6) Extortion;

(7) Threat of criminal prosecution for any violation of the law;

(8) Threat of interference with parental rights;

(9) Restriction or interference with speech or communication with others;

(10) Isolation;

(11) Exploitation of pornographic performance;

(12) Interference with opportunities for education;

(13) Destroying property of the individual;

(14) Restriction of movement;

(15) In the case of a person coerced while a minor:

(A) Exploiting needs for food, shelter, safety, affection, or intimate relationship;

(B) Exploiting a condition of developmental disability, cognitive limitation, affective disorder, or substance dependency;

(C) Promise of legal benefit, such as posting bail, procuring an attorney, protecting from arrest, or promising unionization;

(D) Promise of financial rewards; or

(E) Defining the terms of an individual's employment or working conditions in a manner that is likely to lead to the individual's use in sexual exploitation; or

(16) Disregarding notification or other indications that an individual is being coerced into sexual exploitation or subjected to sex trafficking on premises controlled by the person, business, business owner, or business operator.

[L 1999, c 203, pt of §2; am L 2025, c 20, §6]

§663J-5 Damages

An individual entitled to bring an action under section 663J-3 may recover all of the following damages:

(1) Economic damages proximately caused by coercion into sexual exploitation or being the subject of sex trafficking;

(2) Noneconomic damages proximately caused by coercion into sexual exploitation or being the subject of sex trafficking;

(3) Exemplary damages;

(4) Reasonable attorney's fees; and

(5) Costs of suit, including reasonable expenses for expert testimony.

[L 1999, c 203, pt of §2; am L 2016, c 206, §6; am L 2025, c 20, §7]

§663J-6 Joinder of parties

(a) In the discretion of the court, two or more individuals may join in one action under this chapter as plaintiffs if their respective actions involve a person, business, business owner, or business operator who coerced the individuals into sexual exploitation, subjected the individuals to sex trafficking, or profited from coercing the individuals into sexual exploitation or subjecting the individuals to sex trafficking.

(b) In the discretion of the court, two or more persons may be joined in one action under this chapter as defendants if those persons may be liable to at least one plaintiff.

[L 1999, c 203, pt of §2; am L 2016, c 206, §7; am L 2025, c 20, §8]

§663J-7 Statute of limitations

(a) A claim under this chapter shall not be brought against a person, business, business owner, or business operator more than ten years after an act of coercion into sexual exploitation or an act of sex trafficking by that person.

(b) The limitation period provided for in this chapter shall be tolled:

(1) During the minority of the individual who engages in sexual exploitation; or

(2) Any time there is a criminal offense investigation being actively conducted against the defendant by a governmental agency or there is a criminal offense charge, information, or indictment pending against the defendant.

[L 1999, c 203, pt of §2; am L 2013, c 247, §2; am L 2016, c 206, §8; am L 2025, c 20, §9]

§663J-8 Stay of action

On motion by a governmental agency involved in an investigation or prosecution for sexual exploitation or sex trafficking, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.

[L 1999, c 203, pt of §2; am L 2016, c 206, §9; am L 2025, c 20, §10]

§663J-9 Other remedies preserved

The remedies provided under this chapter shall not restrict the right of any individual to bring an action under any other law, including common law, to recover damages arising out of the use of the individual in sexual exploitation, or subjecting the individual to sex trafficking, or the coercion incident to the individual being used in sexual exploitation or sex trafficking; nor shall this chapter limit or restrict the liability of any person, business, business owner, or business operator under any other law.

[L 1999, c 203, pt of §2; am L 2016, c 206, §10; am L 2025, c 20, §11]