HCR 93: REQUESTING THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN TO ESTABLISH A WORKING GROUP AND PROVIDE A REPORT TO THE LEGISLATURE ON WAYS TO STRENGTHEN PREVENTION, INTERVENTIONS, AND PROTECTIONS FOR SURVIVORS OF IMAGE-BASED SEXUAL ABUSE.

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN TO ESTABLISH A WORKING GROUP AND PROVIDE A REPORT TO THE LEGISLATURE ON WAYS TO STRENGTHEN PREVENTION, INTERVENTIONS, AND PROTECTIONS FOR SURVIVORS OF IMAGE-BASED SEXUAL ABUSE.

     WHEREAS, image-based sexual abuse involves the sharing, or threat of sharing, explicit images or videos of another person without their consent, often with the intent to harm the victim's health, safety, mental wellness, employment, financial condition, reputation, or personal relationships; and

     WHEREAS, image-based sexual abuse is included as a class C felony under existing state law, which covers offenses that constitute a violation of privacy in the first degree; and

     WHEREAS, the National Center on Sexual Exploitation recognizes nine different forms of image-based sexual abuse, including nonconsensual distribution of sexually explicit material, collection of nonconsensual distributed sexually explicit materials, recorded sexual violence, sexual extortion, sexual violence in virtual or augmented reality, tech-facilitated sexual coercion, video voyeurism, and multiple forms of computer-generated or artificial intelligence-generated abuse; and

     WHEREAS, a 2017 study by the Cyber Civil Rights Initiative found that 12.8 percent of respondents reported being survivors of image-based sexual abuse; and

     WHEREAS, estimates of prevalence rates for image-based sexual abuse, like sexual assault, are widely believed to be low because of the social stigma, personal shame, and emotional and financial repercussions of reporting such abuse; and

     WHEREAS, a study published in 2019 in the academic journal, Psychology of Violence, found that seventy-three percent of survivors of image-based sexual abuse did not turn to anyone for help after discovering the abuse, in part because of legal challenges obtaining pathways to justice for the trauma they endured; and

     WHEREAS, emergent technologies, such as artificial intelligence and virtual and augmented reality, are making the facilitation of image-based sexual abuse easier for perpetrators; and

     WHEREAS, a 2019 report by Sensity, a company that detects and monitors sexual deepfakes, found that ninety-five percent of all online deepfake videos are nonconsensual sexual deepfakes, with ninety percent of those videos targeting women; and

     WHEREAS, the State has a responsibility to ensure, to the greatest extent possible, that gender violence is not further enabled by the rise of new technologies; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that a designee of the Hawaii State Commission on the Status of Women is requested to establish a working group comprised of the following members or their designees: gender-based violence service providers, survivors of gender-based violence, county police departments, prosecuting attorney offices, gender based violence coalitions, the Judiciary, and any other representatives with relevant knowledge or experiences that the Hawaii State Commission on the Status of Women designee deems necessary to conduct a review of statutes and policies nationwide to evaluate possibilities for policy or program enhancements to prevent image-based sexual abuse, intervene protect survivors that can be adapted from other states and incorporated into Hawaii law; and

     BE IT FURTHER RESOLVED that a designee of the Hawaii State Commission on the Status of Women is requested to submit a report of its findings and recommendations, including any proposed legislation on ways to prevent, intervene and strengthen protections for survivors of image-based sexual abuse, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2028 and to dissolve the working group on December 31, 2027; and

BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to provide legal guidance and administrative support to the working group upon request of the designee of the Hawaii State Commission on the Status of Women; and

BE IT FURTHER RESOLVED that the designee of the Hawaii State Commission on the Status of Women may request assistance of the Legislative Reference Bureau in drafting proposed legislation for the working; provided that the drafting request is submitted to the Legislative Reference Bureau no later than October 1, 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Attorney General, Executive Director of the Hawaii State Commission on the Status of Women; Director of the Legislative Reference Bureau; and prosecuting attorneys of each of the counties.

Report Title: 

Hawaii State Commission on the Status of Women; Legislative Reference Bureau; Image-Based Sexual Abuse; Protections; Working Group; Report

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN, IN COLLABORATION WITH THE LEGISLATIVE REFERENCE BUREAU, TO ESTABLISH A WORKING GROUP AND PROVIDE A REPORT TO THE LEGISLATURE ON WAYS TO STRENGTHEN PREVENTION, INTERVENTIONS, AND PROTECTIONS FOR SURVIVORS OF IMAGE-BASED SEXUAL ABUSE.

     WHEREAS, image-based sexual abuse involves the sharing, or threat of sharing, explicit images or videos of another person without their consent, often with the intent to harm the victim's health, safety, mental wellness, employment, financial condition, reputation, or personal relationships; and

     WHEREAS, image-based sexual abuse is included as a class C felony under existing state law, which covers offenses that constitute a violation of privacy in the first degree; and

     WHEREAS, the National Center on Sexual Exploitation recognizes nine different forms of image-based sexual abuse, including nonconsensual distribution of sexually explicit material, collection of nonconsensual distributed sexually explicit materials, recorded sexual violence, sexual extortion, sexual violence in virtual or augmented reality, tech-facilitated sexual coercion, video voyeurism, and multiple forms of computer-generated or artificial intelligence-generated abuse; and

     WHEREAS, a 2017 study by the Cyber Civil Rights Initiative found that 12.8 percent of respondents reported being survivors of image-based sexual abuse; and

     WHEREAS, estimates of prevalence rates for image-based sexual abuse, like sexual assault, are widely believed to be low because of the social stigma, personal shame, and emotional and financial repercussions of reporting such abuse; and

     WHEREAS, a study published in 2019 in the academic journal, Psychology of Violence, found that seventy-three percent of survivors of image-based sexual abuse did not turn to anyone for help after discovering the abuse, in part because of legal challenges obtaining pathways to justice for the trauma they endured; and

     WHEREAS, emergent technologies, such as artificial intelligence and virtual and augmented reality, are making the facilitation of image-based sexual abuse easier for perpetrators; and

     WHEREAS, a 2019 report by Sensity, a company that detects and monitors sexual deepfakes, found that ninety-five percent of all online deepfake videos are nonconsensual sexual deepfakes, with ninety percent of those videos targeting women; and

     WHEREAS, the State has a responsibility to ensure, to the greatest extent possible, that gender violence is not further enabled by the rise of new technologies; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that a designee of the Hawaii State Commission on the Status of Women, in collaboration with the Legislative Reference Bureau, is requested to establish a working group comprised of the following members or their designees: gender-based violence service providers, survivors of gender-based violence, county police departments, prosecuting attorney offices, gender based violence coalitions, the Judiciary, and any other representatives with relevant knowledge or experiences that the Hawaii State Commission on the Status of Women designee and/or the Legislative Reference Bureau deems necessary to conduct a review of statutes and policies nationwide to evaluate possibilities for policy or program enhancements to prevent image-based sexual abuse, intervene protect survivors that can be adapted from other states and incorporated into Hawaii law; and

     BE IT FURTHER RESOLVED that a designee of the Hawaii State Commission on the Status of Women, in collaboration with the Legislative Reference Bureau, is requested to submit a report of its findings and recommendations, including any proposed legislation on ways to prevent, intervene and strengthen protections for survivors of image-based sexual abuse, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2028 and to dissolve the working group on December 31, 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Attorney General, Executive Director of the Hawaii State Commission on the Status of Women; and prosecuting attorneys of each of the counties.

Report Title: 

Hawaii State Commission on the Status of Women; Legislative Reference Bureau; Image-Based Sexual Abuse; Protections; Working Group; Report

HOUSE CONCURRENT

RESOLUTION

requesting the hawaii state commission on the status of women, in collaboration with the department of the attorney general, to establish a working group and provide a report to the legislature on ways to strengthen protections for survivors of image-based sexual abuse.

     WHEREAS, image-based sexual abuse involves the sharing, or threat of sharing, explicit images or videos of another person without their consent, often with the intent to harm the victim's health, safety, mental wellness, employment, financial condition, reputation, or personal relationships; and

     WHEREAS, image-based sexual abuse is included as a class C felony under existing state law, which covers offenses that constitute a violation of privacy in the first degree; and

     WHEREAS, the National Center on Sexual Exploitation recognizes nine different forms of image-based sexual abuse, including nonconsensual distribution of sexually explicit material, collection of nonconsensual distributed sexually explicit materials, recorded sexual violence, sexual extortion, sexual violence in virtual or augmented reality, tech-facilitated sexual coercion, video voyeurism, and multiple forms of computer-generated or artificial intelligence-generated abuse; and

     WHEREAS, a 2017 study by the Cyber Civil Rights Initiative found that 12.8 percent of respondents reported being survivors of image-based sexual abuse; and

     WHEREAS, estimates of prevalence rates for image-based sexual abuse, like sexual assault, are widely believed to be low because of the social stigma, personal shame, and emotional and financial repercussions of reporting such abuse; and

     WHEREAS, a study published in 2019 in the academic journal, Psychology of Violence, found that seventy-three percent of survivors of image-based sexual abuse did not turn to anyone for help after discovering the abuse, in part because of legal challenges obtaining pathways to justice for the trauma they endured; and

     WHEREAS, emergent technologies, such as artificial intelligence and virtual and augmented reality, are making the facilitation of image-based sexual abuse easier for perpetrators; and

     WHEREAS, a 2019 report by Sensity, a company that detects and monitors sexual deepfakes, found that ninety-five percent of all online deepfake videos are nonconsensual sexual deepfakes, with ninety percent of those videos targeting women; and

     WHEREAS, the State has a responsibility to ensure, to the greatest extent possible, that gender violence is not further enabled by the rise of new technologies; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Hawaii State Commission on the Status of Women, in collaboration with the Department of the Attorney General, is requested to establish a working group comprised of gender-based violence service providers and survivors of gender-based violence to conduct a review of statutes and policies nationwide to evaluate possibilities for policy or program enhancements to protect survivors of image-based sexual abuse that can be adapted from other states and incorporated into Hawaii law; and

     BE IT FURTHER RESOLVED that the Hawaii State Commission on the Status of Women, in collaboration with the Department of the Attorney General, is requested to submit a report of its findings and recommendations, including any proposed legislation on ways to strengthen protections for survivors of image-based sexual abuse, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Attorney General, Executive Director of the Hawaii State Commission on the Status of Women; and prosecuting attorneys of each of the counties.

Report Title: 

Hawaii State Commission on the Status of Women; Department of the Attorney General; Image-Based Sexual Abuse; Protections; Working Group; Report