§707-785 Restitution for victims of labor trafficking. (1) In addition to any other penalty, and notwithstanding a victim's failure to request restitution under section 706-646(2), the court shall order restitution to be paid to the victim, consisting of an amount that is the greater of:
(a) The total gross income or value to the defendant of the victim's labor or services; or
(b) The value of the victim's labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, title 29 United States Code sections 201 through 219, inclusive, whichever is greater.
(2) The return of the victim to the victim's home country or other absence of the victim from the jurisdiction shall not relieve the defendant of the defendant's restitution obligation. [L 2011, c 146, pt of §1]
Structure Hawaii Revised Statutes
707. Offenses Against the Person
707-700 Definitions of terms in this chapter.
707-701 Murder in the first degree. §707-701 Commentary:
707-701.5 Murder in the second degree.
707-702 Manslaughter. §707-702 Commentary:
707-702.5 Negligent homicide in the first degree.
707-703 Negligent homicide in the second degree.
707-704 Negligent homicide in the third degree.
707-705 Negligent injury in the first degree.
707-706 Negligent injury in the second degree.
707-710 Assault in the first degree.
707-711 Assault in the second degree.
707-712 Assault in the third degree. § §707-710 To 707-712 Commentary:
707-712.5 Assault against a law enforcement officer in the first degree.
707-712.6 Assault against a law enforcement officer in the second degree.
707-712.7 Assault against an emergency worker.
707-713 Reckless endangering in the first degree.
707-714 Reckless endangering in the second degree. § §707-713 And 707-714 Commentary:
707-715 Terroristic threatening, defined. §707-715 Commentary:
707-716 Terroristic threatening in the first degree.
707-717 Terroristic threatening in the second degree.
707-721 Unlawful imprisonment in the first degree.
707-722 Unlawful imprisonment in the second degree. § §707-720 to 707-722 Commentary:
707-726 Custodial interference in the first degree.
707-727 Custodial interference in the second degree.
707-730 to 707-738 OLD REPEALED. §707-730 Sexual assault in the first degree.
707-731 Sexual assault in the second degree.
707-732 Sexual assault in the third degree.
707-733 Sexual assault in the fourth degree.
707-733.6 Continuous sexual assault of a minor under the age of fourteen years.
707-750 Promoting child abuse in the first degree.
707-751 Promoting child abuse in the second degree.
707-752 Promoting child abuse in the third degree.
707-753 Affirmative defense to promoting child abuse.
707-756 Electronic enticement of a child in the first degree.
707-757 Electronic enticement of a child in the second degree.
707-759 Indecent electronic display to a child.
707-761 Extortionate extension of credit; prima facie evidence.
707-762 Financing extortionate extensions of credit.
707-763 Collection of extensions of credit by extortionate means.
707-765 Extortion in the first degree.
707-766 Extortion in the second degree.
707-767 Extortion in the third degree.
707-768 Firearms, explosives, and dangerous weapons.
707-769 Defenses to extortion.
707-781 Labor trafficking in the first degree.
707-782 Labor trafficking in the second degree.
707-783 Additional sentencing considerations; victims held in servitude.
707-784 Extended terms of imprisonment; labor trafficking offenses.