State Guide
Age of Consent in Hawaii
A plain-English guide to the age of consent in Hawaii, cited to HRS § 707-732. Hawaii’s age of consent was 14 until 2001, when it was raised to 16.
Close-in-age allowance under 5 years, contact onlyHawaii at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | HRS § 707-732 (Sexual Assault, Third Degree) |
| Close-in-age mechanism | Not covered if gap is under 5 years, victim 14–15, contact only |
| Age-based defense, if any | None needed — statute simply doesn’t apply below the gap |
| Related offense | Sexual assault, first degree — HRS § 707-730 (penetration) |
Overview
Hawaii sets its age of consent at 16, one of the lower thresholds among the states in this guide. Notably, Hawaii’s age of consent was 14 until it was raised to 16 in 2001.
HRS Section 707-732(1)(c), sexual assault in the third degree, covers sexual contact, not penetration, with someone 14 or 15 years old, but only where the actor is at least five years older and the two are not married. Below that gap, this specific provision does not apply.
Age of consent in Hawaii
Section 707-732(1)(b) makes sexual contact with anyone under 14 a class C felony without any age-gap allowance. Section 707-732(1)(c) covers sexual contact with a 14 or 15 year old, applying only where the actor is at least five years older. This guide could not confirm from official sources whether an equivalent age-gap allowance applies to penetration under the more serious first-degree and second-degree statutes, and does not assume one does.
Close-in-age rules in Hawaii
Section 707-732(1)(c) requires the actor to be no less than five years older than a victim who is 14 or 15, and not legally married to the victim. If the gap is under five years, this specific basis for a third-degree charge does not apply.
Exceptions and defenses
Marriage to the victim is a stated exclusion from Section 707-732(1)(c). Hawaii courts have held that the victim’s age is a strict-liability element of these offenses, meaning the prosecution does not need to prove the defendant knew or was reckless about the victim’s actual age.
Applicable statutes
The codified Hawaii law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and an 18-year-old, sexual contact only, a three-year gap. Because the gap is under five years, Section 707-732(1)(c) does not reach this conduct.
Example 2. A 14-year-old and a 20-year-old, sexual contact only, a six-year gap. This meets the five-year threshold, so sexual assault in the third degree applies, a class C felony.
Example 3. A 13-year-old and a 15-year-old, sexual contact, a two-year gap. Because the victim is under 14, Section 707-732(1)(b) applies regardless of the gap, since that subsection has no age-gap allowance.
Frequently asked questions about Hawaii
What is the age of consent in Hawaii?
16. This was raised from 14 in 2001. Below 16, HRS Section 707-732 and related statutes apply depending on the victim’s specific age and the type of conduct.
Does Hawaii have a Romeo and Juliet law?
Yes, for sexual contact. Section 707-732(1)(c) does not apply to contact with a 14 or 15 year old if the gap is under five years and the two are unmarried.
Was the age of consent always 16?
No. Hawaii’s age of consent was 14 until legislation raised it to 16 in 2001.
Does the five-year allowance apply to penetration too?
This guide confirmed the allowance specifically for sexual contact under the third-degree statute and did not find official confirmation that an equivalent allowance applies to penetration offenses.
Does a mistaken belief about age count as a defense?
No. Hawaii courts have held that the victim’s age is a strict-liability element, so the prosecution does not need to prove the defendant’s knowledge of it.
Official sources
Primary and official sources this guide is built from.
Hawaii vs. a state with no allowance
Hawaii’s genuine allowance contrasts with states that offer none.
| Feature | Hawaii | A no-exemption state |
|---|---|---|
| Age of consent | 16 | Varies, often 16–18 |
| Contact-only gap allowance | 5 years | None |
| Mistake of age | Not a defense | Varies |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Hawaii Revised Statutes, cross-checked against multiple independent legal references and Hawaii victim-services resources.
Pending attorney review
This guide has not yet been checked by a licensed Hawaii attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Hawaii Revised Statutes as of 25 July 2026. It has not yet been reviewed by a licensed Hawaii attorney. One gap is noted: the five-year close-in-age allowance was confirmed specifically for the contact-only third-degree offense; this guide could not confirm from official sources whether an equivalent allowance applies to the more serious penetration offenses, and has deliberately not assumed one does.