The Hawaii Intermediate Court of Appeals ruled on September 10, 2026, that Robert Raymond Tongg, a convicted sex offender, must continue to register under Hawaii's Sex Offender Registry. The court's decision affects Tongg and others in similar situations, emphasizing the legal standards surrounding sex offender registration in Hawaii.
Tongg, who was convicted of multiple sexual assault charges and kidnapping in 1988, sought to terminate his registration requirement. His request was denied by the Circuit Court of the Second Circuit, prompting him to appeal the decision. The court's ruling highlights the ongoing legal challenges faced by individuals seeking relief from sex offender registration laws.
The case began when Tongg was convicted of six counts of Sexual Assault in the Second Degree, one count of Sexual Assault in the Third Degree, and one count of Kidnapping. He received a sentence of six months in prison followed by five years of probation. In 1997, Hawaii enacted HRS Chapter 846E, requiring sex offenders to register with the attorney general, applying to offenses committed before and after its effective date. Tongg first petitioned for termination of his registration requirement in 2008, but his request was denied. He filed a second petition in 2025, which was also denied, leading to the current appeal.
The court ruled that Tongg's appeal was without merit, affirming the lower court's decision. The judges involved in the ruling were Keith K. Hiraoka, the presiding judge, and Sonja M.P. McCullen, with Gluck, J. concurring. The court stated, "The circuit court correctly applied the statutory requirements," emphasizing that Tongg's conviction involved Tier 3 offenses, which require lifetime registration.
The court noted that under HRS § 846E-10, individuals convicted of Tier 3 offenses cannot petition for termination of their registration until 40 years after their release from imprisonment. Tongg's date of release was determined to be April 5, 1989, meaning he cannot petition for termination until April 5, 2029. The ruling clarified that Tongg's arguments regarding due process and ex post facto protections were also without merit.
This ruling has significant implications for Tongg and others in similar circumstances. It reinforces the strict nature of Hawaii's sex offender registration laws, particularly for those convicted of serious offenses. The decision also highlights the importance of understanding the legal framework surrounding sex offender registration, including the timeframes and conditions under which individuals may seek to terminate their registration.
Moving forward, Tongg remains subject to the registration requirements until he becomes eligible to petition for termination in 2029. The court's ruling sets a clear precedent regarding the application of sex offender registration laws in Hawaii, emphasizing that individuals with serious convictions face stringent requirements and limitations.
As of now, it is unclear whether Tongg will seek further legal recourse or if there are related cases pending that could influence future rulings on sex offender registration in Hawaii. The court's affirmation of the lower court's decision signals a continuation of the current legal standards, leaving many questions about the future of similar cases.