Haw. Rev. Stat. § 709-904: Endangering the welfare of a minor in the second degree.

(1) Except as provided in section 709-903.5(2), a person commits the offense of endangering the welfare of a minor in the second degree if, having care or custody of a minor, the person:

(a) Recklessly allows another person to inflict serious or substantial bodily injury on the minor; or

(b) Recklessly causes or permits the minor to inject, ingest, inhale, or otherwise introduce into the minor's body any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 that has not been prescribed by a physician for the minor, except as permitted under section 329-122. This subsection shall not apply to nursing mothers who may cause the ingestion or introduction of detectable amounts of any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 to their minor children through breastfeeding.

(2) A person commits the offense of endangering the welfare of a minor in the second degree if, being a parent, guardian, or other person whether or not charged with the care or custody of a minor, the person knowingly endangers the minor's physical or mental welfare by violating or interfering with any legal duty of care or protection owed such minor.

(3) Endangering the welfare of a minor in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 198, §1; am L 1986, c 314, §71; am L 2006, c 230, §45 and c 249, §2; am L 2008, c 81, §2]

COMMENTARY ON §709-904

[The Proposed Draft as well as the Code as adopted had limited this offense to a parent, guardian, or other person charged with the care or custody of the minor. In 1974, this was broadened to include persons who were not charged with the care or custody of the minor. (See Supplemental Commentary on §709-904.) This Commentary is based on the original wording prior to the 1974 amendment.]

This section provides a penal sanction for the violation of a duty of care and protection which the civil law relating to minors places upon parents, guardians, and other persons charged with the care or custody of a minor. In a sense this offense is residual. Specific types of conduct which may endanger the welfare of minors are treated separately in §709-902 (abandonment) and §709-903 (persistent nonsupport). However, prosecutions for abandonment and persistent nonsupport do not depend upon a showing that the abandonment or nonsupport actually endangered the welfare of the child. For example, abandonment of a child in a police station or an orphanage may, if the parent is not suitable and beyond rehabilitation, be in the interest of the child. Yet, under such circumstances, a prosecution for abandonment could be maintained. Similarly, an exceedingly poor parent may refuse to support his child and thereby cause a more wealthy relative to furnish support beyond the means of the parent; even so, the persistent refusal would constitute an offense. Section 709-904 involves violations of legal duties which do in fact endanger the welfare of the child. If a person knowingly endangers the welfare of a minor by violating a legal duty of support or non-desertion, it matters not that the nonsupport was sporadic or that the desertion was not with intent to abandon.

The Model Penal Code commentary, in discussing the section of that Code from which this section is derived, observed that

its significance lies as much in what it does not make criminal as in what it does penalize. Notably, it will not be an offense under this or any other Section of the Code to "contribute to the delinquency" or "corrupt the morals" of a child, although nearly all American jurisdictions now have laws couched in these terms, often incorporated in the juvenile court acts.

on is derived, observed that

its significance lies as much in what it does not make criminal as in what it does penalize. Notably, it will not be an offense under this or any other Section of the Code to "contribute to the delinquency" or "corrupt the morals" of a child, although nearly all American jurisdictions now have laws couched in these terms, often incorporated in the juvenile court acts.

Authorities concerned with the welfare of children have disavowed the loosely drawn statutes against contributing to delinquency. Experience has shown that such statutes are almost always invoked in situations specifically dealt with by other Sections of the Code, especially those concerned with sexual offenses. To the extent of the overlap, there is no need for the contributing statute. More important, the existence of this overlapping catch-all has been, and would under this Code continue to be, a means of avoiding legislative judgments, made in other sections dealing with specific offenses on such matters as mens rea, punishability of consensual intercourse, proper grading of offenses, corroboration of complaining witnesses, and adequacy of proof generally. Finally, the contributing legislation embraces such a vast range of behavior as to make it completely meaningless as a criminologic category, treating as one class, for example, a rapist, a dealer who buys stolen junk from a fifteen-year-old boy, a narcotics peddler who lures high school children into drug addiction, and a parent who keeps his child out of schools where flag saluting is required.

The basic error that appears to account for the prevalence of the legislation here disapproved is the assumption that the comprehensive terms in which jurisdiction is commonly conferred upon juvenile courts over "delinquent, dependent or neglected" children are also appropriate to define a criminal offense. It is one thing to give broad scope to an authority to promote the welfare of children, but quite another thing to give a criminal court equivalent latitude in defining crimes for which adults shall be punished. The vagueness of current statutes in this field presents serious constitutional problems in the light of the decision in Musser v. Utah.[1]

The definition of this offense limits its application to cases where the victim is under 18 years of age. This limit is set on the theory that in modern society persons 18 and 19 years of age are not, by virtue of their minority status, especially susceptible to the adverse effects which result from breaches of civil duties relating to the welfare of minors. If the behavior of the parent or guardian presents a serious danger to the minor, another offense, addressed specifically to the danger, can be employed, e.g., assault, reckless endangering, etc.