HOUSE OF REPRESENTATIVES

H.B. NO.

1668

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to privacy.

 

 

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

 


SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"711- Disorderly conduct by invasion of privacy. (1) A person commits the offense of disorderly conduct by invasion of privacy, with intent to cause serious emotional distress, or recklessly creating a risk thereof, if:

(a) The person photographs or records by any means the image of the intimate body part or parts of another identifiable person under circumstances where the parties agree or understand that the image shall remain private;

(b) The person subsequently distributes the image taken with the intent to cause serious emotional distress, or recklessly creating a risk thereof; and

(c) The person depicted in the image suffers serious emotional distress.

(2) For purposes of this section:

"Distribute" means to post an image of another identifiable person's intimate body part on a website or in any other public or private forum, or to send, transfer, or give an image of another identifiable person's intimate body part, whether in hard copy or electronic form, to a third party.

"Intimate body part" means any portion of the genitals, and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or visible through less than fully opaque clothing.

(3) Disorderly conduct by invasion of privacy is a misdemeanor."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Disorderly Conduct; Invasion of Privacy

 

Description:

Makes the distribution of private, intimate images of another person with the intent to cause serious emotional distress or recklessly creating a risk thereof a misdemeanor.

 

 

 

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