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HB1963
HOUSE OF REPRESENTATIVES
H.B. NO.
1963
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to image-based sexual abuse
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The legislature finds that image-based
sexual abuse is a form of technology-facilitated abuse that involves the nonconsensual
use of intimate or private images to control, manipulate, or harm a
victim.
�
Online predators, often
motivated by money, power, control, or sexual gratification, use online
platforms to anonymously perpetrate image-based sexual abuse, targeting
vulnerable individuals to meet the perpetrator's demands for money, sexual
acts, and additional intimate or private images, which can include images of
self-harm.
�
Financial blackmail schemes
involving sexual extortion through the nonconsensual disclosure of intimate or
private images result in tragic and, at times, fatal results for the victims of
these schemes and may cause victims to experience significant harm, including
depression, fear, anxiety, damage to reputation, social isolation, financial
devastation, and suicide.
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The legislature further finds that offender accountability
is necessary to shine the light on those who would hide behind computers, mobile
phones, or other electronic devices to prey upon vulnerable individuals in the
community.
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Accordingly, the purpose of this Act
is to establish the felony offense of nonconsensual disclosure of intimate or
private images.
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SECTION 2.
�
Chapter 711, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:
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"
�711-
�
Nonconsensual
disclosure of intimate or private images.
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(1)
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A person commits the offense of nonconsensual
disclosure of intimate or private images if:
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(a)
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The person
intentionally or knowingly discloses or threatens to disclose an intimate or
private image or video of another identifiable person without consent and with
the intent to compel or attempt to compel the person depicted in the intimate
or private image or video:
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(i)
�
To
do or refrain from doing any act against the person's will;
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(ii)
�
To
provide additional intimate or private images;
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(iii)
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To
e
ngage in sexual acts;
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(iv)
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To
e
ngage in acts of self-harm; or
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(v)
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For
anything of value; or
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(b)
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The person
intentionally or knowingly discloses or threatens to disclose an intimate or
private image or video of another identifiable person without consent and:
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(i)
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The
person depicted in the intimate or private image is a minor or vulnerable adult
and the person committing the offense is an adult; or
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(ii)
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The
person depicted in the intimate or private image suffers bodily injury or death
as a result of the nonconsensual disclosure of the intimate or private image.
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(2)
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Nonconsensual disclosure of intimate or
private images is a class B felony.
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(3)
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For the purposes of this section:
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"Bodily injury" has the
same meaning as in section 707-700.
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"Intimate image" means
any digital image, photograph, or live or recorded video that depicts a person
in the state of undress; nude as defined in section 712-1210; or engaged in
sexual conduct as defined in section 712-1210.
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"Minor" means any
person under the age of eighteen years.
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"Private image" means
any digital image, photograph, or live or recorded video that depicts a person
committing acts of self-harm, self-mutilation, or other self-injury that
results in bodily injury.
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"Self harm" means
bodily injury, substantial bodily injury as defined in 707-700, serious bodily
injury as defined in section 707-700, or death.
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"Vulnerable adult" has
the same meaning as in section 346‑222.
"
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SECTION
3
.
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Section
706-662, Hawaii Revised Statutes, is amended to read as follows:
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"
�706-662
�
Criteria for extended terms of imprisonment.
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A defendant who has been convicted of a felony may be subject to an
extended term of imprisonment under section 706-661 if it is proven beyond a
reasonable doubt that an extended term of imprisonment is necessary for the
protection of the public and that the convicted defendant satisfies one or more
of the following criteria:
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(1)
�
The defendant is a
persistent offender in that the defendant has previously been convicted of two
or more felonies committed at different times when the defendant was twenty-one
years of age or older;
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(2)
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The defendant is a
professional criminal in that:
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(a)
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The circumstances
of the crime show that the defendant has knowingly engaged in criminal activity
as a major source of livelihood; or
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(b)
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The defendant has
substantial income or resources not explained to be derived from a source other
than criminal activity;
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(3)
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The defendant is a
dangerous person in that the defendant has been subjected to a psychiatric or
psychological evaluation that documents a significant history of dangerousness
to others resulting in criminally violent conduct, and this history makes the defendant
a serious danger to others.
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Nothing in
this section precludes the introduction of victim-related data to establish
dangerousness in accord with the Hawaii rules of evidence;
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(4)
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The defendant is a
multiple offender in that:
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(a)
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The defendant is
being sentenced for two or more felonies or is already under sentence of
imprisonment for any felony; or
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(b)
�
The maximum terms
of imprisonment authorized for each of the defendant's crimes, if made to run
consecutively, would equal or exceed in length the maximum of the extended term
imposed or would equal or exceed forty years if the extended term imposed is for
a class A felony;
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(5)
�
The defendant is
an offender against the elderly, the handicapped, or a minor eight years of age
or younger in that:
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(a)
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The defendant
attempts or commits any of the following crimes:
�
murder, manslaughter, a sexual offense that
constitutes a felony under chapter 707, robbery, felonious assault, burglary,
or kidnapping; and
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(b)
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The defendant, in
the course of committing or attempting to commit the crime, inflicts serious or
substantial bodily injury upon a person who has the status of being:
�������������
(i)
�
Sixty years of age
or older;
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(ii)
�
Blind, a
paraplegic, or a quadriplegic; or
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(iii)
�
Eight years of age
or younger; and
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the person's status is
known or reasonably should be known to the defendant;
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(6)
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The defendant is a
hate crime offender in that:
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(a)
�
The defendant is
convicted of a crime under chapter 707, 708, or 711; and
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(b)
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The defendant
intentionally selected a victim or, in the case of a property crime, the
property that was the object of a crime, because of hostility toward the actual
or perceived race, religion, disability, ethnicity, national origin, gender
identity or expression, or sexual orientation of any person.
�
For purposes of this subsection, "gender
identity or expression" includes a person's actual or perceived gender, as
well as a person's gender identity, gender-related self-image, gender-related
appearance, or gender-related expression, regardless of whether that gender
identity, gender-related self-image, gender-related appearance, or
gender-related expression is different from that traditionally associated with
the person's sex at birth
; [
or
]
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(7)
�
The defendant is
convicted under section 707-702.5 and the defendant did not remain at the scene
of the crime and render reasonable assistance to an injured person, including
acts and omissions in violation of section 291C-12[
.
]
; or
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(8)
�
The
defendant is an offender against a minor eighteen years of age or younger or a
vulnerable adult, as defined under section 346-22, in that:
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(a)
�
The
defendant attempts to or commits the offense of nonconsensual disclosure of
intimate or private images under section 711- ; and
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(b)
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The
attempted commission or commission of nonconsensual disclosure of the intimate
or private image resulted in the death of the minor or vulnerable adult.
"
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SECTION 4.
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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 5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Nonconsensual
Disclosure of Intimate or Private Images
Description:
Establishes
the nonconsensual disclosure of intimate or private images as a criminal
offense.
�
Amends the criteria for an
extended term of imprisonment to include an offender whose act of attempting to
commit or committing the nonconsensual disclosure of intimate or private images
against a minor or vulnerable adult resulted in the victim's death.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.