HB 1682

HOUSE OF REPRESENTATIVES
H.B. NO.
1682
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
S.D. 2
C.D. 1
A BILL FOR AN ACT
RELATING TO THE DISCLOSURE OF INTIMATE IMAGES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION
1.� The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"Chapter
civil remedies for unauthorized disclosure of
INTIMATE images
���� �   -1� Definitions.� As used in this chapter:
���� "Consent"
means affirmative, conscious, and voluntary authorization by an individual with
legal capacity to give authorization.
���� "Depicted
individual" means an individual whose body is shown in whole or in part in
an intimate image.� "Depicted
individual" includes a deceased individual.
���� "Disclosure"
means transfer, publication, or distribution to another person.� "Disclose" has a corresponding
meaning.
���� "Harm"
includes physical harm, economic harm, and emotional distress whether or not
accompanied by physical or economic harm.
���� "Identifiable"
means recognizable by a person other than the depicted individual:
���� (1)� From an intimate image itself; or
���� (2)� From an intimate image and identifying
characteristic displayed in connection with the intimate image.
���� "Identifying
characteristic" means information that may be used to identify a depicted
individual.
���� "Individual"
means a natural person.
���� "Intimate
image" means any digital image, photograph, live or recorded video, or
computer-generated image or video that depicts an individual in a state of
undress; in the nude as defined in section 712-1210; or engaged in sexual
conduct.
���� "Person"
means an individual; estate; business or nonprofit entity; public corporation;
government or governmental subdivision, agency, or instrumentality; or other
legal entity.
���� "Private"
means:
���� (1)� Created or obtained under circumstances in
which a depicted individual had a reasonable expectation of privacy; or
���� (2)� Made accessible through theft, bribery,
extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to
an account, message, file, device, resource, or property.
���� "Sexual
conduct" has the same meaning as in section 712‑1210.
���� �   -2� Disclosure of intimate images; civil action.� (a)�
Except as otherwise provided in section    -3, a depicted
individual who is identifiable and who suffers harm from a person's intentional
disclosure or threatened disclosure of a private intimate image without the
depicted individual's consent has a cause of action against the person if the
person knew or reasonably should have known that the depicted individual had a
reasonable expectation that the intimate image would remain private.[]
���� (b)� The following conduct by a depicted
individual shall not establish by itself that the depicted individual consented
to the disclosure of the intimate image that is the subject of an action under
this chapter or that the depicted individual lacked a reasonable expectation of
privacy:
���� (1)� Consent to creation of the image; or
���� (2)� Previous consensual disclosure of the image.
���� (c)� A depicted individual who does not consent to
the sexual conduct or uncovering of the part of the body depicted in an
intimate image of the individual shall retain a reasonable expectation of
privacy even if the image was created when the individual was in a public
place.
���� �   -3� Liability; exceptions.� (a)�
A person shall not be liable under this chapter if the person proves
that disclosure of, or a threat to disclose, an intimate image was:
���� (1)� Made in good faith as part of:
��������� (A)� Law enforcement activity;
��������� (B)� A legal proceeding; or
��������� (C)� Medical education or treatment;
���� (2)� Made in good faith in the reporting or
investigation of:
��������� (A)� Unlawful conduct; or
��������� (B)� Unsolicited and unwelcome conduct;
���� (3)� Related to a matter of public concern or
public interest; or
���� (4)� Reasonably intended to assist the depicted
individual.
���� (b)� Subject to subsection (c), a defendant who is
a parent, legal guardian, or individual with legal custody of a child shall not
be liable under this chapter for a disclosure or threatened disclosure of an
intimate image of the child.
���� (c)� If a defendant asserts an exception to
liability under subsection (b), the exception shall not apply if the plaintiff
proves the disclosure was:
���� (1)� Prohibited by law other than as provided in
this chapter; or
���� (2)� Made for the purpose of sexual arousal, sexual
gratification, humiliation, degradation, or monetary or commercial gain.
���� (d)� Disclosure of, or a threat to disclose, an
intimate image shall not be a matter of public concern or public interest
solely because the depicted individual is a public figure.
���� (e)� As used in this section:
���� "Child"
means an unemancipated individual who is under eighteen years of age.
���� "Parent"
means a biological, foster, or adoptive parent, a parent-in-law, a stepparent,
a grandparent, or a grandparent-in-law.
���� �   -4� Plaintiff's privacy.� In an action under this chapter:
���� (1)� The court may exclude or redact other
identifying characteristics of the plaintiff from all pleadings and documents
filed, under applicable state law or procedural rule;
���� (2)� A plaintiff to whom paragraph (1) applies
shall file with the court and serve on the defendant a confidential information
form that includes the excluded or redacted plaintiff's name and other
identifying characteristics; and
���� (3)� The court may make further orders as necessary
to protect the identity and privacy of a plaintiff.
���� �   -5� Disclosure of intimate images; civil
remedies.� (a)� In an action under this chapter, a prevailing
plaintiff may recover:
���� (1)� The greater of:
��������� (A)� Economic and noneconomic damages proximately
caused by the defendant's disclosure or threatened disclosure, including
damages for emotional distress whether or not accompanied by other damages; or
��������� (B)� Statutory damages not to exceed $10,000
against each defendant found liable under this chapter for all disclosures and
threatened disclosures by the defendant of which the plaintiff knew or
reasonably should have known when filing the action or which became known
during the pendency of the action; provided that in determining the amount of
statutory damages under this subparagraph, consideration shall be given to the
age of the parties at the time of the disclosure or threatened disclosure, the
number of disclosures or threatened disclosures made by the defendant, the
breadth of the distribution of the intimate image by the defendant, and other
exacerbating or mitigating factors;
���� (2)� An amount equal to any monetary gain made by
the defendant from disclosure of the intimate image;
���� (3)� An amount equal to any actual costs incurred
by the plaintiff in retrieving and requesting removal of distributed intimate
images; and
���� (4)� Punitive damages as allowed under any state
law other than as provided in this chapter.
���� (b)� In an action under this chapter, the court
shall order a non-prevailing defendant to:
���� (1)� Cease and desist from further disclosing the
intimate image;
���� (2)� Destroy or delete, or return to the prevailing
plaintiff, the original and all copies of the intimate image in the defendant's
possession, custody, or control; and
���� (3)� Identify all persons to whom the defendant
disclosed the intimate image.
���� (c)� In an action under this chapter, the court
may award a prevailing plaintiff:
���� (1)� Reasonable attorneys' fees and costs; and
���� (2)� Additional relief, including injunctive
relief.
���� (d)� This chapter shall not affect a right or
remedy available under any state law other than as provided in this chapter.
���� �   -6� Statute of limitations.� (a)�
An action brought by a depicted individual under section
   -2(a) for unauthorized disclosure, where the depicted
individual was an adult on the date of disclosure, shall not be brought later
than eight years from the date the disclosure was discovered or should have
been discovered with the exercise of reasonable diligence.
���� (b)� An action brought by a depicted individual
under section    -2(a) for a threat to disclose, where the
depicted individual was an adult on the date of the threat to disclose, shall
not be brought later than eight years from the date of the threat to disclose.
���� (c)� Subject to section 657-1.8(a)(2), an action
brought by a depicted individual under section    -2(a), where
the depicted individual was a minor on the date of the disclosure or threat to
disclose, shall not be brought later than:
���� (1)� Thirty-two years after the eighteenth birthday
of the depicted individual; or
���� (2)� Five years after the date the depicted
individual discovers or reasonably should have discovered that psychological
injury or illness occurring after the depicted individual's eighteenth birthday
was caused by the unauthorized disclosure,
whichever occurs later.
���� �   -7� Deceased depicted individuals; rights.� (a)�
For a depicted individual who is deceased, or upon the death of a
depicted individual, all rights of the depicted individual under this chapter
shall vest in the estate of the deceased depicted individual.
���� (b)� The rights vested in the estate pursuant to
subsection (a) may be exercised by the personal representative of the estate in
accordance with chapter 560.
���� (c)� If no personal representative has been
appointed, any person authorized under chapter 560 to petition for appointment
of a personal representative may petition the court for appointment for the
limited purpose of exercising the rights under this chapter.
���� �   -8� Construction.�
(a)� This chapter shall be
construed to be consistent with the Communications Decency Act of 1996, title
47 United States Code section 230.
���� (b)� This chapter shall not be construed to alter
the law on sovereign immunity.
���� �   -9� Severability.�
If any provision of this chapter or the application thereof to any
person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of the chapter that can be given effect without the
invalid provision or application, and to this end the provisions of this
chapter are severable."
���� 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.� This Act shall take effect upon its approval.
Report Title:
Unauthorized
Disclosure of Intimate Images; Civil Remedies
Description:
Establishes
civil remedies for the unauthorized disclosure of intimate images. �(CD1)
The summary description
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not legislation or evidence of legislative intent.