SB 2135

THE SENATE
S.B. NO.
2135
THIRTY-THIRD LEGISLATURE, 2026
S.D. 2
STATE OF HAWAII
H.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO PRIVACY.
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 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)
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not legislation or evidence of legislative intent.