HawaiiPeople sharing intimate images without consent could face charges
Upon approval, people who intentionally share identifiable intimate images without clear permission could face criminal charges, with higher penalties for sharing to cause harm for profit.
What it does
Intentionally sharing an identifiable intimate image without the depicted person's clear permission could be an offense if the stated privacy or digitally forged image rules are met. Several images of the same person shared as one act count as one offense.
A first offense would usually be a misdemeanor, with later offenses treated as felonies. Sharing an image to cause harm for profit carries higher felony penalties, even for a first offense.
Prosecutors would have five years for a misdemeanor and seven years for a felony, or three years after the victim discovers the offense, whichever deadline comes later.
Argument forVictims could have more time to report hidden sharing, since the deadline may run from when they discover the offense.
Argument againstPeople accused of sharing an image to cause harm for profit could face felony charges, even for a first offense.
More detail
A person commits an offense by intentionally sharing an identifiable intimate image without the depicted person's affirmative consent, when the stated conditions are met. An intimate image includes images showing uncovered genitals, pubic areas, an anus, or post-pubescent female nipples or areolas; bodily fluids; or sexually explicit conduct. A digitally forged image appears authentic and is generated or substantially changed by computer or machine methods. For an authentic image, the person must have known or reasonably should have known it was obtained or created where the depicted person reasonably expected privacy. For a digitally forged image, the text requires that it reveal the person's identity and be shared without affirmative consent; it does not state the same privacy expectation condition. Consent to create an image or share it with someone else does not count as consent to share it more widely. The section excludes a law enforcement officer who created the image during a lawful criminal investigation and service providers for images shared by someone else. The section would take effect upon approval.
A first offense is a misdemeanor, and a second or later offense is a class C felony. Sharing an image to cause harm for profit carries a class C felony for a first offense and a class B felony for later offenses. These penalties apply to the offense described in the section. The higher penalties apply only when the person intends to cause physical, mental, economic, or reputational harm for profit or financial gain. The penalties would apply when the section takes effect upon approval.
A prosecution must begin within the later of five years after a misdemeanor or three years after the victim discovers it, or reasonably should have discovered it. For a felony, the periods are seven years and three years. These time limits apply to prosecutions for this offense, with separate periods for misdemeanors and felonies. The discovery period runs from when the victim discovers the offense or, using reasonable care, should have discovered it. The periods would apply to offenses under the section once it takes effect upon approval.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 7Act 196, 07/07/2026 (Gov. Msg. No. 1298).Latest
- Jul 7Act 196, on 07/07/2026 (Gov. Msg. No. 1298).Became Law
- May 1Received notice of passage on Final Reading in House (Hse. Com. No. 882).Minor
- Apr 30Passed Final Reading as amended in CD 1 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and none excused (0).Major
- Vote recorded Passed Final Reading, as amended (CD 1). Result: pass.Upper
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- Apr 30Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none).Major
- Apr 30Received notice of Final Reading (Sen. Com. No. 803).Minor
- Apr 30Enrolled to Governor.To Governor
- Apr 28Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 6-26).
- Apr 2848 Hrs. Notice (as amended CD 1) 04-30-26.
- Apr 28Reported from Conference Committee (Conf Com. Rep. No. 6-26) as amended in (CD 1).
- Apr 28Forty-eight (48) hours notice Thursday, 04-30-26.
- Apr 24The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Elefante, Rhoads, Lamosao; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- Apr 24The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Poepoe, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Belatti.Minor
- Apr 23Bill scheduled for Conference Committee Meeting on Friday, 04-24-26 2:00PM in conference room 325.
- Apr 21House Conferees Appointed: Tarnas Chair; Belatti, Poepoe, Shimizu.
- Apr 21Received notice of appointment of House conferees (Hse. Com. No. 800).Minor
- Apr 20Senate Conferees Appointed: Elefante Chair; Rhoads Co-Chair; Lamosao.
- Apr 20Received notice of Senate conferees (Sen. Com. No. 714).Minor
- Apr 16Received from House (Hse. Com. No. 628).Minor
- Apr 16Senate disagrees with House amendments.Minor
- Apr 16Received notice of disagreement (Sen. Com. No. 710).Minor
- Apr 14Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). Transmitted to Senate.Passed House
- Vote recorded Passed Third Reading. Result: pass.Lower
- Apr 9Reported from JHA (Stand. Com. Rep. No. 1975-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading.
- Vote recorded Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading. Result: pass.Lower
- Apr 9Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1).
- Mar 19The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama, Cochran, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Belatti, Sayama.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Mar 17Bill scheduled to be heard by JHA on Thursday, 03-19-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Mar 12Pass First ReadingMinor
- Mar 12Referred to JHA, referral sheet 17Minor
- Mar 10Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Report adopted; Passed Third Reading, as amended (SD 2). Result: pass.Upper
- Mar 10Received from Senate (Sen. Com. No. 176) in amended form (SD 2).Minor
- Mar 6Reported from JDC (Stand. Com. Rep. No. 3096) with recommendation of passage on Third Reading, as amended (SD 2).
- Mar 648 Hrs. Notice 03-10-26.
- Feb 27The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Feb 23The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
- Feb 12Reported from LBT (Stand. Com. Rep. No. 2218) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
- Feb 12Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.Minor
- Feb 4The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in LBT were as follows: 5 Aye(s): Senator(s) Elefante, Lamosao, Ihara, Moriwaki, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Jan 28The committee(s) on LBT deferred the measure until 02-04-26 3:00PM; Conference Room 225 & Videoconference.Minor
- Jan 23The committee(s) on LBT has scheduled a public hearing on 01-28-26 3:00PM; Conference Room 225 & Videoconference.
- Jan 22Referred to LBT, JDC.Minor
- Jan 21Introduced and passed First Reading.Minor
- Jan 14Pending Introduction.Introduced
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