HB 1963: Nonconsensual Disclosure of Intimate or Private Images; Felony Offense; Penal Code; Minors; Vulnerable Adults

A BILL FOR AN ACT

RELATING TO IMAGE-BASED SEXUAL ABUSE.

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

     SECTION 1.  The legislature finds that image-based sexual abuse is a form of technology-facilitated abuse that involves the nonconsensual use of intimate or private images to control, manipulate, or harm a victim.  Online predators, often motivated by money, power, control, or sexual gratification, use online platforms to anonymously perpetrate image-based sexual abuse, targeting vulnerable individuals to meet the perpetrator's demands for money, sexual acts, and additional intimate or private images, which can include images of self-harm.  Financial blackmail schemes involving sexual extortion through the nonconsensual disclosure of intimate or private images result in tragic and, at times, fatal results for the victims of these schemes and may cause victims to experience significant harm, including depression, fear, anxiety, damage to reputation, social isolation, financial devastation, and suicide.

     The legislature further finds that offender accountability is necessary to shine the light on those who would hide behind computers, mobile phones, or other electronic devices to prey upon vulnerable individuals in the community.

     Accordingly, the purpose of this Act is to establish the felony offense of nonconsensual disclosure of intimate or private images.

     SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§711-     Nonconsensual disclosure of intimate images or private images.  (1)  A person commits the offense of nonconsensual disclosure of intimate images or private images if:

     (a)  The person intentionally or knowingly discloses or threatens to disclose an intimate image or private image of another identifiable person without consent and with the intent to compel or attempt to compel the person depicted in the intimate image or private image:

          (i)  To do or refrain from doing any act against the person's will;

         (ii)  To provide additional intimate images or private images;

        (iii)  To engage in sexual acts;

         (iv)  To engage in acts of self-harm;

          (v)  For anything of value; or

         (vi)  To affect any family court proceeding in which the depicted person is a party;

     (b)  The person intentionally or knowingly discloses or threatens to disclose an intimate image or private image of another identifiable person without consent and the person depicted in the intimate image or private image:

          (i)  Is a minor or vulnerable adult and the person committing the offense is an adult; or

         (ii)  Suffers bodily injury; or

    (c)   The person intentionally or knowingly discloses or threatens to disclose an intimate image or private image of another identifiable person without consent and the nonconsensual disclosure of the intimate image or private image was the proximate cause of the death person depicted in the intimate image or private image.

     (2)  Nonconsensual disclosure of intimate images or private images shall be a class B felony.

     (3)  For the purposes of this section:

     "Affect" means to influence of produce a change.

     "Bodily injury" has the same meaning as in section 707-700.

     "Family court proceeding" means any proceeding involving a temporary restraining order under section 586-4; protective order under section 586-5.5; annulment, divorce, or separation under chapter 580; or child custody or child support proceeding under chapter 571.

     "Intimate image" means any digital image, photograph, computer-generated image or video, or live or recorded video that depicts a person in the nude, as defined in section 712-1210, or engaged in sexual conduct, as defined in section 712-1210.

     "Minor" means any person under the age of eighteen years.

     "Private image" means any digital image, photograph, computer-generated image or video, or live or recorded video that depicts a person committing acts of self-harm, self-mutilation, or other self-injury that results in bodily injury.

     "Self-harm" means bodily injury, substantial bodily injury as defined in 707-700, serious bodily injury as defined in section 707-700, or death.

     "Vulnerable adult" has the same meaning as in section 346‑222."

     SECTION 3.  Section 706-662, Hawaii Revised Statutes, is amended to read as follows:

     "§706-662  Criteria for extended terms of imprisonment.  A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:

     (1)  The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was twenty-one years of age or older;

     (2)  The defendant is a professional criminal in that:

          (a)  The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or

          (b)  The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;

     (3)  The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others.  Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;

     (4)  The defendant is a multiple offender in that:

          (a)  The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or

          (b)  The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;

     (5)  The defendant is an offender against the elderly, the handicapped, or a minor eight years of age or younger in that:

          (a)  The defendant attempts or commits any of the following crimes:  murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and

          (b)  The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:

              (i)  Sixty years of age or older;

             (ii)  Blind, a paraplegic, or a quadriplegic; or

            (iii)  Eight years of age or younger; and

              the person's status is known or reasonably should be known to the defendant;

     (6)  The defendant is a hate crime offender in that:

          (a)  The defendant is convicted of a crime under chapter 707, 708, or 711; and

          (b)  The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.  For purposes of this subsection, "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth; [or]

     (7)  The defendant is convicted under section 707-702.5 and the defendant did not remain at the scene of the crime and render reasonable assistance to an injured person, including acts and omissions in violation of section 291C-12[.]; or

     (8)  The defendant is an offender against a minor eighteen years of age or younger or a vulnerable adult, as defined under section 346-222, in that:

          (a)  The defendant attempts to or commits the offense of nonconsensual disclosure of intimate images or private images under section 711-   ; and

          (b)  The attempted commission or commission of nonconsensual disclosure of the intimate image or private image was the proximate cause of the death of the minor or vulnerable adult."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Nonconsensual Disclosure of Intimate or Private Images; Felony Offense; Penal Code; Minors; Vulnerable Adults

Description:

Establishes the nonconsensual disclosure of intimate or private images as a criminal offense.  Amends the criteria for an extended term of imprisonment to include an offender whose act of attempting to commit or committing the nonconsensual disclosure of intimate images or private images against a minor or vulnerable adult was the proximate cause of the victim's death.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO IMAGE-BASED SEXUAL ABUSE.

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

     SECTION 1.  The legislature finds that image-based sexual abuse is a form of technology-facilitated abuse that involves the nonconsensual use of intimate or private images to control, manipulate, or harm a victim.  Online predators, often motivated by money, power, control, or sexual gratification, use online platforms to anonymously perpetrate image-based sexual abuse, targeting vulnerable individuals to meet the perpetrator's demands for money, sexual acts, and additional intimate or private images, which can include images of self-harm.  Financial blackmail schemes involving sexual extortion through the nonconsensual disclosure of intimate or private images result in tragic and, at times, fatal results for the victims of these schemes and may cause victims to experience significant harm, including depression, fear, anxiety, damage to reputation, social isolation, financial devastation, and suicide.

     The legislature further finds that offender accountability is necessary to shine the light on those who would hide behind computers, mobile phones, or other electronic devices to prey upon vulnerable individuals in the community.

     Accordingly, the purpose of this Act is to establish the felony offense of nonconsensual disclosure of intimate or private images.

     SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§711-     Nonconsensual disclosure of intimate or private images.  (1)  A person commits the offense of nonconsensual disclosure of intimate or private images if:

     (a)  The person intentionally or knowingly discloses or threatens to disclose an intimate or private image of another identifiable person without consent and with the intent to compel or attempt to compel the person depicted in the intimate or private image:

          (i)  To do or refrain from doing any act against the person's will;

         (ii)  To provide additional intimate or private images;

        (iii)  To engage in sexual acts;

         (iv)  To engage in acts of self-harm; or

          (v)  For anything of value; or

     (b)  The person intentionally or knowingly discloses or threatens to disclose an intimate or private image of another identifiable person without consent and:

          (i)  The person depicted in the intimate or private image is a minor or vulnerable adult and the person committing the offense is an adult; or

         (ii)  The person depicted in the intimate or private image suffers bodily injury or death as a result of the nonconsensual disclosure of the intimate or private image.

     (2)  Nonconsensual disclosure of intimate or private images is a class B felony.

     (3)  For the purposes of this section:

     "Bodily injury" has the same meaning as in section 707-700.

     "Intimate image" means any digital image, photograph, or live or recorded video that depicts a person in the state of undress; nude as defined in section 712-1210; or engaged in sexual conduct as defined in section 712-1210.

     "Minor" means any person under the age of eighteen years.

     "Private image" means any digital image, photograph, or live or recorded video that depicts a person committing acts of self-harm, self-mutilation, or other self-injury that results in bodily injury.

     "Self harm" means bodily injury, substantial bodily injury as defined in 707-700, serious bodily injury as defined in section 707-700, or death.

     "Vulnerable adult" has the same meaning as in section 346‑222."

     SECTION 3.  Section 706-662, Hawaii Revised Statutes, is amended to read as follows:

     "§706-662  Criteria for extended terms of imprisonment.  A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:

     (1)  The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was twenty-one years of age or older;

     (2)  The defendant is a professional criminal in that:

          (a)  The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or

          (b)  The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;

     (3)  The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others.  Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;

     (4)  The defendant is a multiple offender in that:

          (a)  The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or

          (b)  The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;

     (5)  The defendant is an offender against the elderly, the handicapped, or a minor eight years of age or younger in that:

          (a)  The defendant attempts or commits any of the following crimes:  murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and

          (b)  The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:

              (i)  Sixty years of age or older;

             (ii)  Blind, a paraplegic, or a quadriplegic; or

            (iii)  Eight years of age or younger; and

              the person's status is known or reasonably should be known to the defendant;

     (6)  The defendant is a hate crime offender in that:

          (a)  The defendant is convicted of a crime under chapter 707, 708, or 711; and

          (b)  The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.  For purposes of this subsection, "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth; [or]

     (7)  The defendant is convicted under section 707-702.5 and the defendant did not remain at the scene of the crime and render reasonable assistance to an injured person, including acts and omissions in violation of section 291C-12[.]; or

     (8)  The defendant is an offender against a minor eighteen years of age or younger or a vulnerable adult, as defined under section 346-22, in that:

          (a)  The defendant attempts to or commits the offense of nonconsensual disclosure of intimate or private images under section 711-   ; and

          (b)  The attempted commission or commission of nonconsensual disclosure of the intimate or private image resulted in the death of the minor or vulnerable adult."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Nonconsensual Disclosure of Intimate or Private Images; Felony Offense; Penal Code; Minors; Vulnerable Adults

Description:

Establishes the nonconsensual disclosure of intimate or private images as a criminal offense.  Amends the criteria for an extended term of imprisonment to include an offender whose act of attempting to commit or committing the nonconsensual disclosure of intimate or private images against a minor or vulnerable adult resulted in the victim's death.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to image-based sexual abuse.

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

     SECTION 1.  The legislature finds that image-based sexual abuse is a form of technology-facilitated abuse that involves the nonconsensual use of intimate or private images to control, manipulate, or harm a victim.  Online predators, often motivated by money, power, control, or sexual gratification, use online platforms to anonymously perpetrate image-based sexual abuse, targeting vulnerable individuals to meet the perpetrator's demands for money, sexual acts, and additional intimate or private images, which can include images of self-harm.  Financial blackmail schemes involving sexual extortion through the nonconsensual disclosure of intimate or private images result in tragic and, at times, fatal results for the victims of these schemes and may cause victims to experience significant harm, including depression, fear, anxiety, damage to reputation, social isolation, financial devastation, and suicide.

     The legislature further finds that offender accountability is necessary to shine the light on those who would hide behind computers, mobile phones, or other electronic devices to prey upon vulnerable individuals in the community.

     Accordingly, the purpose of this Act is to establish the felony offense of nonconsensual disclosure of intimate or private images.

     SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§711-     Nonconsensual disclosure of intimate or private images.  (1)  A person commits the offense of nonconsensual disclosure of intimate or private images if:

     (a)  The person intentionally or knowingly discloses or threatens to disclose an intimate or private image or video of another identifiable person without consent and with the intent to compel or attempt to compel the person depicted in the intimate or private image or video:

          (i)  To do or refrain from doing any act against the person's will;

         (ii)  To provide additional intimate or private images;

        (iii)  To engage in sexual acts;

         (iv)  To engage in acts of self-harm; or

          (v)  For anything of value; or

     (b)  The person intentionally or knowingly discloses or threatens to disclose an intimate or private image or video of another identifiable person without consent and:

          (i)  The person depicted in the intimate or private image is a minor or vulnerable adult and the person committing the offense is an adult; or

         (ii)  The person depicted in the intimate or private image suffers bodily injury or death as a result of the nonconsensual disclosure of the intimate or private image.

     (2)  Nonconsensual disclosure of intimate or private images is a class B felony.

     (3)  For the purposes of this section:

     "Bodily injury" has the same meaning as in section 707-700.

     "Intimate image" means any digital image, photograph, or live or recorded video that depicts a person in the state of undress; nude as defined in section 712-1210; or engaged in sexual conduct as defined in section 712-1210.

     "Minor" means any person under the age of eighteen years.

     "Private image" means any digital image, photograph, or live or recorded video that depicts a person committing acts of self-harm, self-mutilation, or other self-injury that results in bodily injury.

     "Self harm" means bodily injury, substantial bodily injury as defined in 707-700, serious bodily injury as defined in section 707-700, or death.

     "Vulnerable adult" has the same meaning as in section 346‑222."

     SECTION 3.  Section 706-662, Hawaii Revised Statutes, is amended to read as follows:

     "§706-662  Criteria for extended terms of imprisonment.  A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:

     (1)  The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was twenty-one years of age or older;

     (2)  The defendant is a professional criminal in that:

          (a)  The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or

          (b)  The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;

     (3)  The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others.  Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;

     (4)  The defendant is a multiple offender in that:

          (a)  The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or

          (b)  The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;

     (5)  The defendant is an offender against the elderly, the handicapped, or a minor eight years of age or younger in that:

          (a)  The defendant attempts or commits any of the following crimes:  murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and

          (b)  The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:

              (i)  Sixty years of age or older;

             (ii)  Blind, a paraplegic, or a quadriplegic; or

            (iii)  Eight years of age or younger; and

              the person's status is known or reasonably should be known to the defendant;

     (6)  The defendant is a hate crime offender in that:

          (a)  The defendant is convicted of a crime under chapter 707, 708, or 711; and

          (b)  The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.  For purposes of this subsection, "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth; [or]

     (7)  The defendant is convicted under section 707-702.5 and the defendant did not remain at the scene of the crime and render reasonable assistance to an injured person, including acts and omissions in violation of section 291C-12[.]; or

     (8)  The defendant is an offender against a minor eighteen years of age or younger or a vulnerable adult, as defined under section 346-22, in that:

          (a)  The defendant attempts to or commits the offense of nonconsensual disclosure of intimate or private images under section 711-   ; and

          (b)  The attempted commission or commission of nonconsensual disclosure of the intimate or private image resulted in the death of the minor or vulnerable adult."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Nonconsensual Disclosure of Intimate or Private Images

Description:

Establishes the nonconsensual disclosure of intimate or private images as a criminal offense.  Amends the criteria for an extended term of imprisonment to include an offender whose act of attempting to commit or committing the nonconsensual disclosure of intimate or private images against a minor or vulnerable adult resulted in the victim's death.

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

STAND. COM. REP. NO.  1125-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1963

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1963, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IMAGE-BASED SEXUAL ABUSE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish the felony offense of nonconsensual disclosure of intimate images or private images; and

     (2)  Amend the criteria for an extended term of imprisonment to include an offender whose act of attempting to commit or committing the nonconsensual disclosure of intimate images or private images against a minor or vulnerable adult resulted in the victim's death.

     Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission; Department of the Prosecuting Attorney of the City and County of Honolulu; Honolulu Police Department; The Sex Abuse Treatment Center; Imua Alliance; Hawaiʻi State Coalition Against Domestic Violence; and numerous individuals.  Your Committee received comments on this measure from the Office of the Public Defender.

     Your Committee finds that image based sexual abuse is an increasingly common and devastating form of technology facilitated harm in which predators coerce, manipulate, or extort victims by threatening to disclose intimate or private images, often leading to profound emotional trauma, social isolation, financial loss, and in some cases self-harm or suicide.  Your Committee further finds that minors and vulnerable adults are particularly susceptible to online predators who exploit anonymity and digital platforms to pressure victims into providing additional images, creating cycles of abuse with severe and sometimes fatal consequences.  This measure provides law enforcement the necessary tools to hold perpetrators accountable and helps protect individuals from this growing form of digital exploitation.

     Your Committee has amended this measure by:

     (1)  Including an intent to affect a family court proceeding to which a person depicted in an intimate image or private image is a party as an element of the offense of nonconsensual disclosure of intimate images or private images;

     (2)  Clarifying the causal connection between the actual or attempted nonconsensual disclosure of intimate images or private images and the death of the person depicted in the intimate image or private image;

     (3)  Inserting definitions for "affect" and "family court" proceeding;

     (4)  Amending the definition of "intimate image" to delete language relating to "state of undress";

     (5)  Amending the definitions of "intimate image" and "private image" to include computer-generated images and videos; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1963, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1963, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  372-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1963

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1963 entitled:

"A BILL FOR AN ACT RELATING TO IMAGE-BASED SEXUAL ABUSE,"

begs leave to report as follows:

     The purpose of this measure is to establish the felony offense of nonconsensual disclosure of intimate or private images.

     Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission; Hawaiʻi State Commission on the Status of Women; Department of the Prosecuting Attorney for the City and County of Honolulu; The Sex Abuse Treatment Center; Hawaiʻi Women's Coalition; Children's Justice Center, Hawaiʻi State Chapter; AAUW of Hawaiʻi; Hawaiʻi State Coalition Against Domestic Violence; and three individuals.  Your Committee received comments on this measure from the Office of the Public Defender.

     Your Committee finds that online sexual extortion is one of the fastest growing crimes in the nation.  The harm from non-consensual distribution of intimate or private images is a recognized form of technology-facilitated sexual violence that has a profound impact on victims.

     However your Committee further finds that Hawaii's criminal statutes do not adequately address technology‑facilitated abuse.  This measure establishes explicit prohibitions and strengthens offender accountability to better protect individuals, minors, and vulnerable adults.

     Your Committee notes the concerns raised in testimony from the Office of the Public Defender, that the term "state of undress" is undefined, and therefore creates a risk that the offense established by this measure could be interpreted far more broadly than intended.  Your Committee respectfully requests your Committee on Judiciary & Hawaii Affairs, should it deliberate on this measure, to consider defining this term.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1963, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1963, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,