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66 Haw. 101

657 P.2d 1026

State v. Rice

Hawaii Supreme Court

Decided January 28, 1983

Hawaii Supreme Court · decided 1983-01-28

Key passage — most relied on by later courts

“§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee. (3) Prostitution is a petty misdemeanor. (4) Notwithstanding any other law to the contrary, a person convicted of committing the offense of prostitution shall be sentenced as follows: (a) For the first offense, a fine of $500 and the person may be sentenced to a term of imprisonment of not more than thirty days; provided in the event the convicted person defaults in payment of the $500 fine, and the default was not contumacious, the court may sentence the person to perform services for the community as authorized by section 706-605(1 )(f). (b) For any subsequent offense, a fine of $500 and a term of imprisonment of thirty days, without possibility of suspension of sentence or probation.”

quoted by 4 later decisions, including State v. Dannenberg, State v. Casugay-Badiang.

Good law ✅— No negative treatment on recordhow we know

Decided 1983-01-28

How this case has been cited

Cited by 16 later decisions — most recently June 2013

16 state decisions

601983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 This is an appeal from a conviction of prostitution. A single point is raised on appeal. Appellant pled guilty to the charge of prostitution and her attorney made an oral motion for a deferred acceptance of guilty plea under § 853-1, *102 HRS. The trial court held that under § 712-1200(4), he could not grant such a plea. Subsection 4 was added by Act 110 of the Session Laws of 1981. It provides:

Keith M. Kiuchi, Deputy Public Defender, on the briefs, for appellant. Arthur E. Ross, Deputy Prosecuting Attorney, and John M. Conte, law student intern, on the brief, for appellee.
Notwithstanding any other law to the contrary, a person convicted of committing the offense of prostitution shall be sentenced as follows:

¶2 (a) For the first offense, a fine of $500 ....

¶3 Since the last amendment to § 853-1, HRS, was by § 42 of Act 232 of the Session Laws of 1980, we think that § 853-1, HRS, is “any other law to the contrary” and that the court below therefore correctly construed § 712-1200(4) as taking away his power to grant deferred acceptance of guilty pleas in prostitution cases.

¶4 Affirmed.

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