STAND. COM. REP. NO.  648-14


Honolulu, Hawaii

                , 2014


RE:   H.B. No. 1750

      H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii




     Your Committee on Judiciary, to which was referred H.B. No. 1750 entitled:




begs leave to report as follows:


     The purpose of this measure is to establish the criminal offense of unlawful distribution of sexual representation to prohibit the unconsented reproduction, distribution, exhibition, publication, transmission, or other dissemination of a representation of a nude person or of a person engaging in sexual conduct.


     The Pacific Alliance to Stop Slavery and two concerned citizens testified in support of this measure.  The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, and IMUAlliance provided comments.


     Your Committee notes that without a malice element, the application of the offense created under this measure is potentially very broad and could have unintended consequences.  Given the possible reach of the proposed offense, it may raise constitutional concerns under the First Amendment.  Your Committee respectfully requests that as this measure moves through the Legislature that further discussion take place concerning whether such concern is warranted, and whether further limits should be placed on the offense to ensure that it is more narrowly drawn.


Your Committee has amended this measure by excluding those representations taken voluntarily in public or commercially from the scope of this measure.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1750, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1750, H.D. 1, and be placed on the calendar for Third Reading.


Respectfully submitted on behalf of the members of the Committee on Judiciary,