HOUSE OF REPRESENTATIVES

H.B. NO.

2134

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to violation of privacy.

 

 

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

 


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

"711-   Violation of privacy of a minor. (1) A person commits the offense of violation of privacy of a minor if, except in the execution of a public duty or as authorized by law:

(a) The person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting a minor in a stage of undress or sexual activity in that place; or

(b) The person knowingly discloses an image or video of an identifiable minor either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210 with intent to harm substantially the depicted minor with respect to that person's health, safety, business, calling, career, education, financial condition, reputation, or personal relationships or as an act of revenge or retribution; provided that nothing in this paragraph shall be construed to impose liability on a provider of "electronic communication service" or "remote computing service" as those terms are defined in section 803-41, for an image or video disclosed through the electronic communication service or remote computing service by another person.

(2) Violation of privacy of a minor is a class B felony. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section. When sentencing a person convicted of this offense, the court shall consider the age of the person convicted relative to the age of the person whose privacy was violated.

(3) Any recording or image made or disclosed in violation of this section shall be sealed and remain confidential.

(4) For purposes of this section, "minor" means a person who is less than eighteen years of age at the time the device was installed or the image or video was created.

711-   Threatening to violate privacy. (1) A person commits the offense of threatening to violate privacy if the person threatens to disclose an image or video of an identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210.

(2) Threatening to violate privacy is a misdemeanor; provided that if the subject of the threat was under the age of eighteen at the time the image or video was created, the court shall sentence a person convicted of this offense to a fine of not less than $1,000 and imprisonment for a term of not less than six months. When sentencing a person convicted of this offense when the subject of the threat was under the age of eighteen at the time the image or video was created, the court shall consider the age of the person convicted relative to the age of the subject of the threat."

SECTION 2. Section 711-1110.9, Hawaii Revised Statutes, is amended to read as follows:

"711-1110.9 Violation of privacy in the first degree. (1) A person commits the offense of violation of privacy in the first degree if, except in the execution of a public duty or as authorized by law:

(a) The person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place; or

(b) The person knowingly discloses an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships[;] or as an act of revenge or retribution; provided that:

(i) This paragraph shall not apply to images or videos of the depicted person made:

(A) When the person was voluntarily nude in public or voluntarily engaging in sexual conduct in public[;] unless the disclosure was an act of revenge or retribution or

(B) Pursuant to a voluntary commercial transaction; and

(ii) Nothing in this paragraph shall be construed to impose liability on a provider of "electronic communication service" or "remote computing service" as those terms are defined in section 803-41, for an image or video disclosed through the electronic communication service or remote computing service by another person.

(2) Violation of privacy in the first degree is a class C felony. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section.

(3) Any recording or image made or disclosed in violation of this section shall be sealed and remain confidential."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Violation of Privacy; Revenge Pornography

 

Description:

Establishes threatening to violate privacy as a misdemeanor offense. Expands the offense of violation of privacy in the first degree to specifically include disclosure of revenge pornography. Establishes violation of privacy of a minor, including disclosure of revenge pornography, as a felony offense. Requires that recordings that violate privacy be sealed by the court and be made confidential.

 

 

 

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