RELATING TO IDENTITY THEFT.

SB2304

THE SENATE

S.B. NO.

2304

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to IDENTITY THEFT
.

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

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SECTION
1.
�
Section 708-800, Hawaii Revised
Statutes, is amended by adding two new definitions to be appropriately inserted
and to read as follows:

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"
"Artificial
intelligence" means a machine-based system that can, for a given set of
human-defined objectives, make predictions, recommendations, or decisions
influencing real or virtual environments, and that uses machine and human-based
inputs to:

����
(1)
�
Perceive real
and virtual environments;

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(2)
�
Abstract
perceptions of real and virtual environments into models through analysis in an
automated manner; and

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(3)
�
Use model
inference to formulate opinions for information or action.

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"Materially
deceptive media" means any information, including any video, image, or
audio, that:

����
(1)
�
Depicts an
individual engaging in speech or conduct in which the depicted individual did
not in fact engage;

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(2)
�
Would cause a
reasonable viewer or listener to believe that the depicted individual engaged
in the speech or conduct depicted; and

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(3)
�
Was created by:

���������
(A)
�
Generative
adversarial network techniques or another technique that translates a source
image into another image using machine learning, deep learning techniques, and
convolutional neural networks;

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(B)
�
Artificial
intelligence; or

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(C)
�
Digital
technology.
"

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SECTION
2
.
�
Section 708-839.6, Hawaii Revised Statutes,
is amended by amending subsection (1) to read as follows:

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"
(1)
�
A
person commits the offense of identity theft in the first degree if that person
makes or causes to be made, either directly or indirectly, a transmission of
any personal information of another by any oral statement, any written
statement, or any statement conveyed by any electronic means,
including
fraudulent impersonation or false depiction through artificial intelligence or materially
deceptive media,
with the intent to:

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(a)
�
Facilitate the commission of a murder in any
degree, a class A felony, kidnapping, unlawful imprisonment in any degree,
extortion in any degree, any offense under chapter 134, criminal property
damage in the first or second degree, escape in any degree, any offense under
part VI of chapter 710, any offense under section 711-1103, or any offense
under chapter 842; or

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(b)
�
[
Commit
]
Gain access to confidential
information or accounts to commit
the offense of theft in the first degree
from the person whose personal information is used, or from any other person or
entity."

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SECTION
3
.
�
Section 708-839.7, Hawaii Revised Statutes,
is amended by amending subsection (1) to read as follows:

����
"
(1)
�
A
person commits the offense of identity theft in the second degree if that
person makes or causes to be made, either directly or indirectly, a
transmission of any personal information of another by any oral statement, any
written statement, or any statement conveyed by any electronic means,
including
fraudulent impersonation or false depiction through artificial intelligence or
materially deceptive media,
with the intent to
gain access to
confidential information or accounts to
commit the offense of theft in the
second degree from any person or entity.
"

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SECTION
4
.
�
Section 708-839.8, Hawaii Revised Statutes,
is amended by amending subsection (1) to read as follows:

����
"
(1)
�
A
person commits the offense of identity theft in the third degree if that person
makes or causes to be made, either directly or indirectly, a transmission of
any personal information of another by any oral statement, any written
statement, or any statement conveyed by any electronic means,
including
fraudulent impersonation or false depiction through artificial intelligence or
materially deceptive media,
with the intent to
gain access to
confidential information or accounts to
commit the offense of theft in the
third or fourth degree from any person or entity."

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SECTION 5.
�
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
6.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 7.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Identity
Theft; Artificial Intelligence

Description:

Includes fraudulent
impersonation or false depiction through artificial intelligence or materially
deceptive media in the offenses of
identity theft.

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