1990 Haw. Sess. Laws Act 204, § 1 at 442. As recounted by the ICA in State v. Espinosa, 120 Hawai‘i 478, 210 P.3d 1 (App. 2009), "both the Senate and House Judiciary committees noted ... that the purpose of ... amend[ing] HRS § 712–1200 [was] ‘to make it clear that the customer of a prostitute is also guilty of the offense of prostitution[.]’ " 120 Hawai‘i at 480, 210 P.3d at 3 (citing S. Stand. Comm. Rep. No. 325, in 1989 Senate Journal, at 946; H. Stand. Comm. Rep. No. 1205–90, in 1990 House Journal, at 1316).

Ortiz, 74 Haw. at 351-52, 845 P.2d at 551-52. In State v. Espinosa, 120 Hawai'i 478, 480, 210 P.3d 1, 3 (App. 2009), this court observed that HRS § 712-1200(1) once read that a person commits the offense of prostitution if the person "engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee" but that the Legislature, in 1990, deleted the words "in return" "'to make it clear that the customer of a prostitute is also guilty of the offense of prostitution[.]' S. Stand. Comm. Rep. No. 325, in 1989 Senate Journal at 946; H. Stand. Comm. Rep. No. 1205-90, in 1990 House Journal, at 1316." HRS § 712-1200(1) could be read as providing two methods of commission: Under subsection (1)(a) where the person agrees to, offers, or engages in sexual conduct for a fee, and under subsection (1)(b) where the person agrees to, offers, or pays someone to engage in sexual conduct.