SB 2135: Nonconsensual Disclosure of Intimate or Private Images; Felony Offense; Penal Code; Minors; Vulnerable Adults
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-27
Current Status:
Passed
(2026-07-07: Act 196, on 07/07/2026 (Gov. Msg. No. 1298).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill creates a new crime in Hawaii making it a class B felony to intentionally or knowingly disclose or threaten to disclose another person's intimate or private images without consent to coerce them (for example, to force sex, more images, money, self-harm, or to affect a family court case). It raises penalties when the victim is a minor or a vulnerable adult or suffers bodily injury, and makes an offender eligible for a longer prison term if the disclosure proximately causes the victim's death.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Establishes the nonconsensual disclosure of intimate or private images as a criminal offense. Amends the criteria for an extended term of imprisonment to include defendants whose act of attempting to commit or committing the offense of nonconsensual disclosure of intimate or private images against a minor or vulnerable adult was the proximate cause of the victim's death. (CD1)
Establishes the nonconsensual disclosure of intimate images 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. (HD1)
Establishes the offense of nonconsensual disclosure of an intimate image. Effective 1/1/2077. (SD2)
Establishes the offense of nonconsensual disclosure of an intimate image. Effective 1/1/2077. (SD1)
Establishes the offense of nonconsensual distribution of an intimate image.
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THE SENATE |
S.B. NO. |
2135 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO PRIVACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 the consent of the depicted person, with intent to compel or attempt to compel the depicted person:
(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;
(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 or private image of another identifiable person without the consent of the depicted person, and the depicted person:
(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 or private image of another identifiable person without the consent of the depicted person, and the nonconsensual disclosure of the intimate or private image was the proximate cause of the death of the depicted person.
(2) Nonconsensual disclosure of intimate or private images shall be a class B felony.
(3) For the purposes of this section:
"Affect" means to influence or produce a change.
"Bodily injury" has the same meaning as in section 707-700.
"Family court proceeding" means any proceeding involving:
(a) A child custody or child support proceeding under chapter 571;
(b) An annulment, divorce, or separation under chapter 580;
(c) A temporary restraining order under section 586-4; or
(d) A protective order under section 586-5.5.
"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 commit or commits the offense of nonconsensual disclosure of intimate or private images under section 711- ; and
(b) The attempted commission or commission of the nonconsensual disclosure of the intimate 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, 2026.
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 defendants whose act of attempting to commit or committing the offense of nonconsensual disclosure of intimate or private images against a minor or vulnerable adult was the proximate cause of the victim's death. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2135 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO PRIVACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 images 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 or threatened disclosure of the intimate image or private image was the proximate cause of the death of the 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 or produce a change.
"Bodily injury" has the same meaning as in section 707-700.
"Family court proceeding" means any proceeding involving:
(a) A child custody or child support proceeding under chapter 571;
(b) An annulment, divorce, or separation under chapter 580;
(c) A temporary restraining order under section 586-4; or
(d) A protective order under section 586-5.5.
"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 commit or commits the offense of nonconsensual disclosure of intimate images or private images under section 711- ; and
(b) The attempted commission or commission of the 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 Images or Private Images; Felony Offense; Penal Code; Minors; Vulnerable Adults
Description:
Establishes the nonconsensual disclosure of intimate images 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. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2135 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRIVACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§711- Nonconsensual disclosure of an intimate image. (1) A person commits the offense of nonconsensual disclosure of an intimate image if the person:
(a) Knowingly discloses an intimate image of another person and:
(i) The disclosure of the intimate image reveals the identity of the depicted person, including through any accompanying or subsequent information or material related to the visual material;
(ii) The person disclosing 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 disclosing the image knew or reasonably should have known the person depicted in the intimate image had a reasonable expectation of privacy; or
(b) Knowingly disclosing any digitally forged intimate image of another person and:
(i) The disclosure of the intimate image reveals the identity of the depicted person, including through any accompanying or subsequent information or material related to the image; and
(ii) The person disclosing the intimate image fails to obtain affirmative consent from the person depicted to disclose the intimate image.
(2) 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 disclosure of the intimate image.
(3) Absent affirmative consent to disclose, intimate content creators shall have a reasonable expectation that individuals who view their content shall not record or disclose it.
(4) 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;
(b) An interactive computer service, as defined in title 47 United States Code section 230(f)(2), an information service for telecommunications service, as defined in title 47 United States Code section 153, for content provided by another person; and
(c) The disclosure or publication of an intimate image that involves a matter of public interest or is newsworthy.
(5) Notwithstanding section 701-108, a prosecution for nonconsensual disclosure 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.
(6) Nonconsensual disclosure 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 disclosure of an intimate image is a class C felony for the first offense and a class B felony for the second or subsequent offense.
(7) 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.
"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. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Electronic communication service" has the same meaning as defined in section 803-41."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2077.
Report Title:
Intimate Image; Nonconsensual Disclosure; Criminal Offense
Description:
Establishes the offense of nonconsensual disclosure of an intimate image. Effective 1/1/2077. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2135 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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|
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A BILL FOR AN ACT
RELATING TO PRIVACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§711- Nonconsensual disclosure of an intimate image. (1) A person commits the offense of nonconsensual disclosure of an intimate image if the person:
(a) Knowingly discloses an intimate image of another person and:
(i) The disclosure of the intimate image reveals the identity of the depicted person, including through any accompanying or subsequent information or material related to the visual material;
(ii) The person disclosing 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 disclosing the image knew or reasonably should have known the person depicted in the intimate image had a reasonable expectation of privacy; or
(b) Knowingly disclosing 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 any accompanying or subsequent information or material related to the image; and
(ii) The person disclosing the image fails to obtain affirmative consent from the person depicted to disclose the image.
(2) 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 disclosure of the intimate image.
(3) Absent affirmative consent to disclose, intimate content creators shall have a reasonable expectation that individuals who view their content shall not record or disclose it.
(4) 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) An interactive computer service, as defined in title 47 United States Code section 230(f)(2), an information service for telecommunications service, as defined in title 47 United States Code section 153, for content provided by another person.
(c) The disclosure or publication of an intimate image that involves a matter of public interest or is newsworthy.
(5) Notwithstanding section 701-108, a prosecution for nonconsensual disclosure 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.
(6) Nonconsensual disclosure 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 disclosure of an intimate image is a class C felony for the first offense and a class B felony for the second or subsequent offense.
(7) 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.
"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. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Electronic communication service" has the same meaning as defined in section 803-41."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2077.
Report Title:
Intimate Image; Nonconsensual Disclosure; Criminal Offense
Description:
Establishes the offense of nonconsensual disclosure of an intimate image. Effective 1/1/2077. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2135 |
|
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:
"§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.
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INTRODUCED BY: |
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Report Title:
Intimate Image; Nonconsensual Distribution; Criminal Offense
Description:
Establishes the offense of nonconsensual distribution of an intimate image.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jul 7, 2026 | Act 196, on 07/07/2026 (Gov. Msg. No. 1298). |
| Jul 7, 2026 | Act 196, 07/07/2026 (Gov. Msg. No. 1298). |
| Apr 30, 2026 | Enrolled to Governor. |
| May 1, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 882). |
| Apr 30, 2026 | Received notice of Final Reading (Sen. Com. No. 803). |
| Apr 30, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). |
| Apr 30, 2026 | Passed Final Reading as amended in CD 1 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and none excused (0). |
| Apr 28, 2026 | Forty-eight (48) hours notice Thursday, 04-30-26. |
| Apr 28, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 6-26) as amended in (CD 1). |
| Apr 28, 2026 | 48 Hrs. Notice (as amended CD 1) 04-30-26. |
| Apr 28, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 6-26). |
| Apr 24, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Poepoe, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Belatti. |
| Apr 24, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Elefante, Rhoads, Lamosao; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 23, 2026 | Bill scheduled for Conference Committee Meeting on Friday, 04-24-26 2:00PM in conference room 325. |
| Apr 21, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 800). |
| Apr 21, 2026 | House Conferees Appointed: Tarnas Chair; Belatti, Poepoe, Shimizu. |
| Apr 20, 2026 | Received notice of Senate conferees (Sen. Com. No. 714). |
| Apr 20, 2026 | Senate Conferees Appointed: Elefante Chair; Rhoads Co-Chair; Lamosao. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 628). |
| Apr 14, 2026 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). Transmitted to Senate. |
| Apr 9, 2026 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). |
| Apr 9, 2026 | Reported from JHA (Stand. Com. Rep. No. 1975-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Mar 19, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama, Cochran, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Belatti, Sayama. |
| Mar 17, 2026 | Bill scheduled to be heard by JHA on Thursday, 03-19-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 176) in amended form (SD 2). |
| Mar 10, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3096) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 23, 2026 | The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference. |
| Feb 12, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 12, 2026 | Reported from LBT (Stand. Com. Rep. No. 2218) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 4, 2026 | The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in LBT were as follows: 5 Aye(s): Senator(s) Elefante, Lamosao, Ihara, Moriwaki, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Jan 28, 2026 | The committee(s) on LBT deferred the measure until 02-04-26 3:00PM; Conference Room 225 & Videoconference. |
| Jan 23, 2026 | The committee(s) on LBT has scheduled a public hearing on 01-28-26 3:00PM; Conference Room 225 & Videoconference. |
| Jan 22, 2026 | Referred to LBT, JDC. |
| Jan 21, 2026 | Introduced and passed First Reading. |
| Jan 14, 2026 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2026 | Final Reading | Senate Floor |
Passed |
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| Apr 30, 2026 | Final Reading | House Floor |
Passed |
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| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Mar 19, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 4, 2026 | The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Labor and Technology |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Crime Victim Compensation Commission | *** Support | Mar 19, 2026 |
| Department of the Prosecuting Attorney, City and County of Honolulu | *** Support | Mar 19, 2026 |
| Department of the Prosecuting Attorney, County of Maui | *** Support | Mar 19, 2026 |
| Hawaii State Commission on the Status of Women | *** Support | Mar 19, 2026 |
| Imua Alliance | ** Support | |
| Libertarian Party of Hawaii | ** Against |
STAND. COM. REP. NO. 3096
Honolulu, Hawaii
RE: S.B. No. 2135
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2135, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PRIVACY,"
begs leave to report as follows:
The purpose and intent of this measure is to establish the offense of nonconsensual disclosure of an intimate image.
Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission, Hawaii State Commission on the Status of Women, Department of the Prosecuting Attorney of the County of Maui, and three individuals.
Your Committee received comments on this measure from the Department of the Attorney General and TechNet.
Your Committee finds that, despite being a recognized form of gender violence, no clear penalties exist for the nonconsensual sharing of intimate images. Without updated penalties that account for technological changes, victims are left without adequate protection or justice. This measure fills gaps in enforcement by criminalizing two scenarios not clearly covered by existing law. These scenarios include the sharing of nonconsensual intimate images that are either real images of a recognizable person or, crucially, digitally forged intimate images of a recognizable person. In the latter scenario, this measure also ensures that offenders face prosecution even when they lacked the specific intent to harm the person depicted in the images, but whose violation of the right to privacy nevertheless exposes victims to shame, ridicule, harassment, and other significant harms.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2135, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2135, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 2218
Honolulu, Hawaii
RE: S.B. No. 2135
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Labor and Technology, to which was referred S.B. No. 2135 entitled:
"A BILL FOR AN ACT RELATING TO PRIVACY,"
begs leave to report as follows:
The purpose and intent of this measure is to establish the offense of nonconsensual distribution of an intimate image.
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, Department of the Prosecuting Attorney of the County of Maui, Imua Alliance, and two individuals.
Your Committee received testimony in opposition to this measure from the Libertarian Party of Hawaii.
Your Committee received comments on this measure from the Department of the Attorney General, Motion Picture Association, and TechNet.
Your Committee finds that individuals may experience circumstances when intimate images of themselves get disclosed without their consent. Nonconsensual distribution of intimate images is a recognized form of technology-facilitated sexual violence and has a profound impact on victims, including depression, suicidal thoughts, shame, and self-blame. This measure protects the privacy of individuals by making it a crime to intentionally disseminate or distribute an intimate image, including digitally forged images of another person without their consent.
Your Committee has amended this measure by:
(1) Replacing the words "disseminate" and "distribute" with the word "disclosure" throughout this measure for the purposes of clarity and consistency;
(2) Changing the requisite state of mind for the offense of nonconsensual disclosure of an intimate image to knowingly;
(3) Deleting language that would have included the disclosure of an intimate image and any digitally forged intimate image of another person that reveals the identity of the depicted person through information or material provided by a third party in response to the disclosure of the visual material as an offense of nonconsensual disclosure of an intimate image;
(4) Deleting language that would have made the disclosure of multiple intimate images or digitally forged intimate images of the same individual as part of a common act a single offense;
(5) Clarifying the responsibility of electronic communication service providers by exempting an interactive computer service, as defined in title 47 United States Code section 230(f)(2), an information service for telecommunications service, as defined in title 47 United States Code section 153, for content provided by another person;
(6) Inserting language that exempts the disclosure or publication of an intimate image that involves a matter of public interest or is newsworthy;
(7) Defining "electronic communication service" for chapter 711, Hawaii Revised Statutes, which governs offenses against public order, rather than for only the new section;
(8) Inserting an effective date of January 1, 2077, to encourage further discussion; and
(9) Making technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2135, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2135, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Labor and Technology,
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________________________________ BRANDON J.C. ELEFANTE, Chair |
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Date
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Testimony PDF
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| Mar 19, 2026 | SB2135_SD2_TESTIMONY_JHA_03-19-26_.PDF |
| Feb 27, 2026 | SB2135_SD1_TESTIMONY_JDC_02-27-26_.PDF |
| Jan 28, 2026 | SB2135_TESTIMONY_LBT_01-28-26_.PDF |
Discussed in Hearing
2MIN
Conference Committee
5MIN
Conference Committee
7MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
Senate Standing Committee on Judiciary
58SEC
Senate Standing Committee on Labor and Technology
58SEC
Senate Standing Committee on Public Safety and Military Affairs
8MIN
Senate Standing Committee on Labor and Technology
Bill Author
