(1) The fact that a person engaged in the conduct specified by § 712-1215 is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material disseminated or the performance produced, presented, directed, participated in, exhibited, or to be exhibited.
criminal case

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Terms Used In Hawaii Revised Statutes 712-1216

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) In a prosecution under § 712-1215, the fact that the person:

(a) To whom material pornographic for minors was disseminated;
(b) To whom a performance pornographic for minors was exhibited;
(c) To whom an admission ticket or pass was sold to premises where there was or was to have been exhibited such performance; or
(d) Who was admitted to premises where there was or was to have been such performance,

was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.

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