HOUSE OF REPRESENTATIVES

H.B. NO.

1750

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC ORDER.

 

 

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-   Unlawful distribution of sexual representation. (1) A person commits the offense of unlawful distribution of sexual representation if a person, without the consent of the person represented, intentionally or knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a representation of a nude person or of a person engaging in sexual conduct; provided that this section shall not apply to any representation of a person made:

(a) When the person represented was voluntarily nude or engaging in an act of sexual conduct in public; or

(b) Pursuant to a voluntary commercial transaction.

(2) In addition to any other penalty that the court may impose, the court may order the destruction of any representation used to commit a violation of this section.

(3) As used in this section:

"Nude" means unclothed or in attire, including sheer or see-through attire, so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals, or any portion of the female breast below the top of the areola.

"Representation" means any photographic image, video recording, or sound recording that the defendant acquired with the consent of the person represented.

"Sexual conduct" means acts of masturbation, sexual intercourse, or any touching of the sexual or other intimate parts of any person, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts, for the purpose of sexual stimulation or gratification.

(4) Unlawful distribution of sexual representation is a misdemeanor; provided that a person convicted under this section shall be subject to a fine of not less than $1,000."

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. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.


 


 

Report Title:

Offenses Against Public Order; Unlawful Distribution of Sexual Representation

 

Description:

Establishes 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. (HB1750 HD1)

 

 

 

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