SB2135 • 2026

RELATING TO PRIVACY.

Children Crime Privacy

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: ELEFANTE, CHANG, MCKELVEY, RICHARDS, SAN BUENAVENTURA, Hashimoto
Last action: 2026-04-30
Official status: Enrolled to Governor.
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO PRIVACY.

What This Bill Does

RELATING TO PRIVACY.
Nonconsensual Disclosure of Intimate or Private Images; Felony Offense; Penal Code; Minors; Vulnerable Adults Establishes the nonconsensual disclosure of intimate or private images as a criminal offense.
Amends the criteria for an extended term of imprisonment to include defendants whose act of attempting to commit or committing the offense of nonconsensual disclosure of intimate or private images against a minor or vulnerable adult was the proximate cause of the victim's death.
(CD1)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

CD1

Hawaii published version CD1

Plain English: SB2135 CD1 THE SENATE S.B.

SB2135 CD1 THE SENATE S.B.
NO.
2135 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII H.D.

HD1

Hawaii published version HD1

Plain English: SB2135 HD1 THE SENATE S.B.

SB2135 HD1 THE SENATE S.B.
NO.
2135 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB2135 SD1 THE SENATE S.B.

SB2135 SD1 THE SENATE S.B.
NO.
2135 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PRIVACY .

SD2

Hawaii published version SD2

Plain English: SB2135 SD2 THE SENATE S.B.

SB2135 SD2 THE SENATE S.B.
NO.
2135 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PRIVACY .

Bill History

2026-05-01 S
Received notice of passage on Final Reading in House (Hse. Com. No. 882).
2026-04-30 S
Enrolled to Governor.
2026-04-30 H
Received notice of Final Reading (Sen. Com. No. 803).
2026-04-30 S
Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none).
2026-04-30 H
Passed Final Reading as amended in CD 1 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and none excused (0).
2026-04-28 H
Forty-eight (48) hours notice Thursday, 04-30-26.
2026-04-28 H
Reported from Conference Committee (Conf Com. Rep. No. 6-26) as amended in (CD 1).
2026-04-28 S
48 Hrs. Notice (as amended CD 1) 04-30-26.
2026-04-28 S
Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 6-26).
2026-04-24 H
The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Poepoe, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Belatti.
2026-04-24 S
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Elefante, Rhoads, Lamosao; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-04-23 H
Bill scheduled for Conference Committee Meeting on Friday, 04-24-26 2:00PM in conference room 325.
2026-04-21 S
Received notice of appointment of House conferees (Hse. Com. No. 800).
2026-04-21 H
House Conferees Appointed: Tarnas Chair; Belatti, Poepoe, Shimizu.
2026-04-20 H
Received notice of Senate conferees (Sen. Com. No. 714).
2026-04-20 S
Senate Conferees Appointed: Elefante Chair; Rhoads Co-Chair; Lamosao.
2026-04-16 H
Received notice of disagreement (Sen. Com. No. 710).
2026-04-16 S
Senate disagrees with House amendments.
2026-04-16 S
Received from House (Hse. Com. No. 628).
2026-04-14 H
Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). Transmitted to Senate.
2026-04-09 H
Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1).
2026-04-09 H
Reported from JHA (Stand. Com. Rep. No. 1975-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading.
2026-03-19 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama, Cochran, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Belatti, Sayama.
2026-03-17 H
Bill scheduled to be heard by JHA on Thursday, 03-19-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-03-12 H
Referred to JHA, referral sheet 17
2026-03-12 H
Pass First Reading
2026-03-10 H
Received from Senate (Sen. Com. No. 176) in amended form (SD 2).
2026-03-10 S
Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-03-06 S
48 Hrs. Notice 03-10-26.
2026-03-06 S
Reported from JDC (Stand. Com. Rep. No. 3096) with recommendation of passage on Third Reading, as amended (SD 2).
2026-02-27 S
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-02-23 S
The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
2026-02-12 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-02-12 S
Reported from LBT (Stand. Com. Rep. No. 2218) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-02-04 S
The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in LBT were as follows: 5 Aye(s): Senator(s) Elefante, Lamosao, Ihara, Moriwaki, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-01-28 S
The committee(s) on LBT deferred the measure until 02-04-26 3:00PM; Conference Room 225 & Videoconference.
2026-01-23 S
The committee(s) on LBT has scheduled a public hearing on 01-28-26 3:00PM; Conference Room 225 & Videoconference.
2026-01-22 S
Referred to LBT, JDC.
2026-01-21 S
Introduced and passed First Reading.
2026-01-14 S
Pending Introduction.

Official Summary Text

RELATING TO PRIVACY.
Nonconsensual Disclosure of Intimate or Private Images; Felony Offense; Penal Code; Minors; Vulnerable Adults
Establishes the nonconsensual disclosure of intimate or private images as a criminal offense. Amends the criteria for an extended term of imprisonment to include defendants whose act of attempting to commit or committing the offense of nonconsensual disclosure of intimate or private images against a minor or vulnerable adult was the proximate cause of the victim's death. (CD1)

Current Bill Text

Read the full stored bill text

SB2135

THE SENATE

S.B. NO.

2135

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

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)
�

The fact that the identifiable individual:

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(a)
�
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)
�

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)
�

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

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

���������
(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:

���������
(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)
�

Nonconsensual distribution of an intimate image is:

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

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(b)
�
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)
�

For the purposes of this section:

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

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

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(b)
�
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:

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

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

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(c)
�
Sexually
explicit conduct.

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

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

����
SECTION 3.
�

New statutory material is underscored.

����
SECTION 4.
�

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.