It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant:

(a) Possessed less than three images of child pornography; and
criminal case

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Terms Used In Hawaii Revised Statutes 707-753

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof:

(i) Took reasonable steps to destroy each such image; or
(ii) Reported the matter to a law enforcement agency and afforded that agency access to each such image.
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