RELATING TO PRIVACY.

HB1681

HOUSE OF REPRESENTATIVES

H.B. NO.

1681

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to privacy
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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Chapter 711,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:

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"
�711-
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Nonconsensual
distribution of an intimate image.
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(1)
�
A
person commits the offense of nonconsensual distribution of an intimate image
if the person:

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(a)
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Intentionally
d
isseminates an intimate image of
another person and:

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(i)
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The reckless disclosure of the intimate image reveals the
identity of the depicted person, including through:

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(A)
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Any accompanying or subsequent information or material related
to the visual material; or

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(B)
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Information or material provided by a third party in response to
the disclosure of the visual material;

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(ii)
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The person disseminating the intimate image fails to obtain
affirmative consent from the person depicted in the intimate image; and

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(iii)
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The image was obtained or created under circumstances in which
the person disseminating the image knew or reasonably should have known the
person depicted in the intimate image had a reasonable expectation of privacy;
or

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(b)
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Intentionally
disseminates any digitally forged intimate image of another person and:

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(i)
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The disclosure of the visual material reveals the identity of
the depicted person, including through:

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(A)
�
Any accompanying or subsequent information or material related
to the image; or

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(B)
�
Information or material provided by a third party in response to
the disclosure of the image; and

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(ii)
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The person disseminating the image fails to obtain affirmative
consent from the person depicted to disseminate the image.

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(2)
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Any dissemination of multiple intimate images or digitally forged
intimate images of the same individual as part of a common act shall constitute
a single offense.

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(3)
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The fact that the identifiable individual:

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(a)
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Provided
consent for the creation of the intimate image; or

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(b)
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Disclosed
the intimate image to another individual,

shall
not establish that the identifiable individual provided consent for the
dissemination of the intimate image.

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(4)
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Absent affirmative consent to disseminate, intimate content creators
shall have a reasonable expectation that individuals who view their content
shall not record or disseminate it.

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(5)
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This section shall not apply to:

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(a)
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A
law enforcement officer if the intimate image was created by the
law-enforcement officer pursuant to a lawful criminal investigation; and

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(b)
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The
provider of an electronic communication service or remote computing service for
an image or video disclosed through the electronic communication service or
remote computing service by another person.

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(6)
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Notwithstanding section 701-108, a prosecution for
nonconsensual distribution of an intimate
image shall be subject to the following periods of limitation:

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(a)
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For
a misdemeanor, the later of the following:

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(i)
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Within five years of the commission of the offense; or

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(ii)
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Within three years of the date the victim discovers the offense
or, by the exercise of due diligence, reasonably should have discovered the
offense; or

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(b)
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For
a felony, the later of the following:

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(i)
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Within seven years of the commission of the offense; or

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(ii)
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Within three years of the date the victim discovers the offense
or, by the exercise of due diligence, reasonably should have discovered the
offense.

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(7)
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Nonconsensual distribution of an intimate image is:

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(a)
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A
misdemeanor for the first offense and a class C felony for the second or
subsequent offense; or

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(b)
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If
the person committed the offense with the intent to cause physical, mental,
economic, or reputational harm to the individual portrayed in the intimate
image for the purpose of profit or pecuniary gain, nonconsensual distribution
of an intimate image is a class C felony for the first offense and a class B
felony for the second or subsequent offense.

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(8)
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For the purposes of this section:

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"Digitally forged intimate
image" means any intimate image of an identifiable individual that:

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(a)
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Appears
to a reasonable person to be indistinguishable from an authentic visual
depiction of the individual; and

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(b)
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Is
generated or substantially modified using machine-learning techniques or any
other computer-generated or machine-generated means to falsely depict an
individual's appearance or conduct, regardless of whether the visual depiction
indicates, through a label or some other form of information published with the
visual depiction, that the visual depiction is not authentic.

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"Electronic communication
service" has the same meaning as defined in section 803-41.

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"Intimate image" means any
still or videographic image that depicts:

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(a)
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Wholly
or partially uncovered genitals, pubic area, anus, or post-pubescent female
nipple or areola of an individual;

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(b)
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The
display or transfer of semen or vaginal secretion; or

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(c)
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Sexually
explicit conduct.

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"Remote computing service" has
the same meaning as defined in section 803-41.
"

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SECTION 2.
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This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Intimate
Image; Nonconsensual Distribution; Criminal Offense

Description:

Establishes
the offense of nonconsensual distribution of an intimate image.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.