State v. JING HUA XIAO

Concurring and Dissenting Opinion by

ACOBA, J.

While I concur in the result reached by the majority, I dissent as to the majority’s definí*261tion of the term “fee,” as used in Hawai'i Revised Statutes (HRS) § 712-1200(1) (1993),1 to mean money or material gain for sexual conduct. In my view, the term “fee” must be strictly interpreted to refer to money or property. This narrower interpretation is mandated by the rule of lenity, which holds that where a criminal statute is ambiguous or susceptible to more than one construction, it must be strictly construed against the government, and by due…