Age of Consent

(HRS §§ 707-730, 707-732)

The age of consent in Hawai'i is 16 years old. At this age a person may legally consent to sexual activity with another person who has also reached the age of consent.

Hawai'i law has an age gap provision that intends to avoid penalizing sexual activity among certain teens. Persons at least 14 years old and less than 16 years old can consent to sexual activity with a person who is less than five years older. For example, a person who just turned 14 years old cannot consent to sexual activity with a person who is about to turn 20 years old.  However, if the person who just turned 14 years old engaged in consensual sexual activity with a 17-year-old, that would not be prohibited under Hawai'i law.

Persons under the age of 14 cannot consent to sexual activity under any circumstances.