House committee backs restoring starvation language in torture bill to aid prosecutions of child torture

The House Committee on Human Services and Homelessness voted to pass SB281 SD1 with amendments on March 11, 2025, restoring language that would make depriving a minor or vulnerable person of necessary food or water an element of the offense of torture.

Supporters told the committee the change is needed because starvation and other non‑visible forms of torture often leave minimal physical evidence while causing extreme suffering. Daniel Hugo of the Honolulu Prosecutor’s Office said, “victims of torture deserve protection from the law while they are still alive.”

The bill originally created a distinct offense of torture and classified it as a class A felony. Prosecutors and homicide investigators urged the committee to reinstate language that would explicitly include deprivation of food and water. Honolulu Prosecutor Steve Alm told the committee he strongly supports the bill and said the “starvation part of it” should be restored so prosecutors can charge cases that now may only fit misdemeanor statutes such as endangering the welfare of a minor.

Detectives and child‑abuse specialists described the investigative challenges. Erica Candelario, team captain of the Department of the Prosecuting Attorney’s domestic‑violence felony and child‑abuse teams, testified that “starvation is a type of torture that is predominant in these cases” and asked lawmakers to “reinstat[e] the starvation language.” Detective Kaimi Nawa Almeida of HPD’s homicide and strategic enforcement detail said perpetrators who starve children “have more than enough resources, but … withhold food because they want to break the will and spirit of the child.” HPD Lieutenant Dina Tamas described child torture as “calculated, systematic, and designed to break the victim’s will entirely.”

The Office of the Public Defender, represented by William Bento, said it is not opposed to the bill’s purpose but raised concerns about clarity and narrowing the language to avoid unintended prosecutions. Bento recommended tightening definitions about who is a minor or vulnerable person and the precise conduct covered so that the bill’s language is not overbroad.

Survivors and a former forensic examiner also spoke in favor. A survivor who identified herself in testimony recounted long periods living “in fear” and urged lawmakers to pass the statute to protect other victims. Mwani Keala, a former sexual‑assault forensic examiner, said she supports SB281 and described concerns about case handling by certain child‑welfare employees in individual instances.

Chair Lisa Martin moved to restore the original deprivation language and to add a definition of “deprive” as withholding in a manner that materially endangers physical or mental health; she also proposed wording edits replacing an undefined reference to “handicap person” with the committee’s established “vulnerable person” definition. The committee adopted the chair’s recommendation and passed SB281 SD1 with amendments.

The bill’s supporters said reinstating explicit starvation language would close gaps they contend prevent prosecutors from charging nonfatal torture. Critics cautioned the committee to narrow statutory language to avoid sweeping in conduct the Legislature did not intend.

The measure now proceeds with the committee’s adopted amendments for further consideration in the legislative process.