Age of Consent (HRS §§ 707-730, 707-732)

The age of consent in Hawai‘i is sixteen 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 fourteen years old and less than sixteen years old can consent to sexual activity with a person who is less than five years older.  For example, a person who just turned fourteen years old cannot consent to sexual activity with a person who is about to turn twenty years old.  However, if the person who just turned fourteen years old engaged in consensual sexual activity with a seventeen year old, that activity would not be prohibited under Hawai‘i law.

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