Honolulu, Hawaii



RE:    S.B. No. 2222

       S.D. 1




Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii




     Your Committee on Economic Development and Technology, to which was referred S.B. No. 2222 entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to address the problem of "sexting", which involves minors taking nude pictures and videos of themselves or other minors, and transmitting the nude images to others by use of a cell phone or other form of electronic communication, by prohibiting:


     (1)  Adults from soliciting minors to electronically transmit nude images of minors;


     (2)  Minors from electronically transmitting nude images of themselves or other minors, or soliciting other minors to do so; and


     (3)  Persons from possessing a nude image transmitted by a minor, but making it an affirmative defense that the recipient made reasonable efforts to destroy the transmitted nude image.


     Your Committee received testimony in support of this measure from the Department of the Attorney General.  Your Committee received testimony in opposition to this measure from the American Civil Liberties Union of Hawaii.


     Your Committee finds that the electronic transmission of youth-produced sexual pictures and videos, frequently referred to as "sexting", is a growing problem, particularly because the images can be shared with many people almost instantaneously.  Once transmitted, the original transmitter has very limited ability to control or prevent further dissemination.  Your Committee further finds that the images may be used as a commodity for exchange, and the threatened dissemination of these images may be used as leverage against the subject to force the subject to engage in behaviors that may cause embarrassment, at minimum, and possible mental or emotional harm.


     Your Committee has amended this measure by:


     (1)  Changing the effective date from upon approval to July 1, 2012; and


     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.


     As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2222, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2222, S.D. 1, and be referred to the Committee on Judiciary and Labor.


Respectfully submitted on behalf of the members of the Committee on Economic Development and Technology,