Bill > HB1681

This bill establishes the offense of "nonconsensual distribution of an intimate image," which occurs when someone intentionally shares an intimate image of another person without their explicit consent, especially if the image was obtained under circumstances where the depicted person had a reasonable expectation of privacy, or if the image is digitally forged to falsely depict someone. An intimate image is defined as any visual depiction of genitals, pubic area, anus, female nipple or areola, semen, vaginal secretion, or sexually explicit conduct. The bill clarifies that consent to create or share an image with one person does not constitute consent for its wider dissemination, and that creators of intimate content have a reasonable expectation that viewers will not record or share it. This offense can be a misdemeanor for a first offense, escalating to a felony for repeat offenses or if done with the intent to cause harm for profit. The bill also outlines specific time limits for prosecuting such offenses, distinguishing between misdemeanors and felonies, and includes exceptions for law enforcement officers acting within lawful investigations and for providers of electronic communication or remote computing services that host content shared by others.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1681&year=2026