HawaiiPeople shown in private intimate images could sue over unauthorized sharing
People harmed by unauthorized sharing of a private intimate image could sue the person who shared it and seek money or a court order.
What it does
A person shown in a private intimate image could sue over its unauthorized sharing or a threat to share it, if the person is identifiable and suffers harm.
Some disclosures would be exempt from liability, including certain good-faith reports and disclosures meant to help the person shown. Special limits apply when a parent or guardian shares a child's image.
A person who wins could recover losses or up to $10,000 in set damages per defendant, plus certain other costs or gains. Filing deadlines depend on the person's age and the type of claim.
Argument forPeople harmed by unauthorized sharing could seek money and court orders, which may help cover losses and stop further sharing.
Argument againstSome people shown in a child's image might have no claim against a parent or guardian unless they can prove the disclosure was illegal or had a listed harmful purpose.
More detail
A person who meets the listed conditions may bring a civil lawsuit over an unauthorized disclosure or threat to disclose an intimate image. The image must show a person undressed, nude, or engaged in sexual conduct, and the person must be identifiable. The person bringing the case must be identifiable, suffer harm, and not have consented to the disclosure. The defendant must have known, or recklessly disregarded, whether the disclosure lacked consent, involved a private image, and showed an identifiable person. Agreeing to create an image or previously sharing it does not by itself show consent to a later disclosure or remove a reasonable expectation of privacy.
A person sued over a disclosure may avoid liability if they prove a listed exception applies. The exceptions apply to people sued over sharing or threatening to share an intimate image, including certain disclosures involving a child. Exceptions cover good-faith disclosures for law enforcement, legal proceedings, medical care or education, or reporting or investigating unlawful or unwelcome conduct; disclosures about matters of public concern; and disclosures reasonably meant to help the person shown. A parent, guardian, or person with legal custody generally is not liable for disclosing a child's image. That exception does not apply if the disclosure was otherwise illegal or intended for sexual purposes, humiliation, or financial gain. An image is not a matter of public concern solely because the person shown is a public figure.
A person who wins a case may recover specified damages and may receive other court-ordered relief. These remedies and deadlines apply to cases brought under the chapter described in the bill. The person may recover either proven losses or statutory damages of up to $10,000 per defendant, whichever is greater; the court considers factors such as the parties' ages and how widely the image was shared. The person may also recover the defendant's gain, image-removal costs, and punitive damages allowed under other state law. The court may award reasonable legal fees, costs, and other relief, including an order to stop conduct. The deadline for an adult when a disclosure occurred is generally eight years from when the disclosure was discovered or reasonably should have been discovered. A case over a threat must be filed within eight years of the threat. For someone who was a minor when the disclosure or threat occurred, the deadline is generally 32 years after turning 18, or five years after discovering certain later psychological harm, whichever is later, subject to another law.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 7Act 195, 07/07/2026 (Gov. Msg. No. 1297).Latest
- Jul 7Act 195, on 07/07/2026 (Gov. Msg. No. 1297).Became Law
- May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
- May 7Transmitted to Governor.
- May 6Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).Major
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- May 5Received notice of Final Reading (Sen. Com. No. 814).Minor
- May 1Deferred one day 05-06-26.Minor
- Vote recorded Passed Final Reading, as amended (CD 1). Result: pass.Upper
- May 1Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Fukunaga).Major
- Apr 29Reported from Conference Committee (Conf Com. Rep. No. 31-26) as amended in (CD 1).
- Apr 29Forty-eight (48) hours notice Friday, 05-01-26.
- Apr 29Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 31-26).
- Apr 2948 Hrs. Notice (as amended CD 1) 05-01-26
- Apr 24The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Ratcliffe, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Poepoe.Minor
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- 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
- Apr 23Bill scheduled for Conference Committee Meeting on Friday, 04-24-26 2:00PM in conference room 325.
- Apr 21House Conferees Appointed: Tarnas Chair; Poepoe, Ratcliffe, Shimizu.
- Apr 21Received notice of appointment of House conferees (Hse. Com. No. 799).Minor
- Apr 21Senate Conferees Appointed: Elefante Chair; Rhoads, Lamosao Co-Chairs.
- Apr 21Received notice of Senate conferees (Sen. Com. No. 717).Minor
- Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
- Apr 16House disagrees with Senate amendment (s).Minor
- Apr 14Report 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
- Apr 14Returned from Senate (Sen. Com. No. 601) in amended form (SD 2).
- Apr 10Reported from JDC (Stand. Com. Rep. No. 3742) with recommendation of passage on Third Reading, as amended (SD 2).
- Apr 1048 Hrs. Notice 04-14-26.
- Apr 7The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.Minor
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Apr 1The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference.
- Mar 30Reported from LBT (Stand. Com. Rep. No. 3213) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
- Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.Minor
- Mar 18The 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
- Mar 12Received from House (Hse. Com. No. 262).Minor
- Mar 12Passed First Reading.Minor
- Mar 12Referred to LBT, JDC.Minor
- Mar 12The committee(s) on LBT has scheduled a public hearing on 03-18-26 3:00PM; Conference Room 225 & Videoconference.
- Mar 10Passed Third Reading with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
- Vote recorded Passed Third Reading. Result: pass.Lower
- Mar 5Reported from JHA (Stand. Com. Rep. No. 911-26) 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
- Mar 5Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Perruso excused (1).
- Feb 10The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Kahaloa, Sayama, Takayama, Shimizu; Ayes with reservations: Representative(s) Garcia; Noes: none; and Excused: none.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 6Bill scheduled to be heard by JHA on Tuesday, 02-10-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Jan 26Referred to JHA, referral sheet 1Minor
- Jan 21Introduced and Pass First Reading.Minor
- Jan 20Prefiled.Introduced