HB 1681: Intimate Image; Nonconsensual Distribution; Criminal Offense

HOUSE OF REPRESENTATIVES	H.B. NO.	1681
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:

 

     SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§711-    Nonconsensual distribution of an intimate image.  (1)  A person commits the offense of nonconsensual distribution of an intimate image if the person:

     (a)  Intentionally disseminates an intimate image of another person and:

          (i)  The reckless disclosure of the intimate image reveals the identity of the depicted person, including through:

              (A)  Any accompanying or subsequent information or material related to the visual material; or

              (B)  Information or material provided by a third party in response to the disclosure of the visual material;

         (ii)  The person disseminating the intimate image fails to obtain affirmative consent from the person depicted in the intimate image; and

        (iii)  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

     (b)  Intentionally disseminates any digitally forged intimate image of another person and:

          (i)  The disclosure of the visual material reveals the identity of the depicted person, including through:

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

              (B)  Information or material provided by a third party in response to the disclosure of the image; and

         (ii)  The person disseminating the image fails to obtain affirmative consent from the person depicted to disseminate the image.

     (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.

     (3)  The fact that the identifiable individual:

     (a)  Provided consent for the creation of the intimate image; or

     (b)  Disclosed the intimate image to another individual,

shall not establish that the identifiable individual provided consent for the dissemination of the intimate image.

     (4)  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.

     (5)  This section shall not apply to:

     (a)  A law enforcement officer if the intimate image was created by the law-enforcement officer pursuant to a lawful criminal investigation; and

     (b)  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.

     (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)  Within five years of the commission of the offense; or

         (ii)  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

     (b)  For a felony, the later of the following:

          (i)  Within seven years of the commission of the offense; or

         (ii)  Within three years of the date the victim discovers the offense or, by the exercise of due diligence, reasonably should have discovered the offense.

     (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

     (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.

     (8)  For the purposes of this section:

     "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

     (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.

     "Electronic communication service" has the same meaning as defined in section 803-41.

     "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

     (c)  Sexually explicit conduct.

     "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.

 

 

 

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