Bill > SB2135

This bill establishes the offense of "nonconsensual disclosure of an intimate image," which occurs when someone knowingly shares an intimate image of another person without their explicit consent, especially if the image reveals their identity and was obtained under circumstances where privacy was expected. An intimate image is defined as a depiction of genitals, pubic area, anus, female nipple or areola, semen or vaginal secretion, or sexually explicit conduct. The bill also addresses digitally forged intimate images, making it illegal to share them without consent if they appear realistic and reveal the person's identity. Importantly, consent to create or share an image with one person does not automatically grant consent for its disclosure. There are exceptions for law enforcement investigations, certain online service providers (interactive computer services and telecommunications services) for content provided by others, and disclosures involving matters of public interest or newsworthiness. The bill outlines different time limits for prosecuting these offenses, depending on whether they are classified as misdemeanors or felonies, and specifies penalties ranging from misdemeanors to felonies, with increased penalties for repeat offenses or when done for profit or to cause harm. The bill also clarifies definitions for "digitally forged intimate image," "intimate image," and "remote computing service," and adds a definition for "electronic communication service." This legislation is set to take effect on January 1, 2077.

Justice, Labor and Employment

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2135&year=2026