Bill Text: HI HB2373 | 2014 | Regular Session | Introduced

Hawaii House Bill 2373 (Prior Session Legislation)

Introduced

Bill Title: Violation of Privacy

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2014-01-27 - Referred to JUD, referral sheet 7 [HB2373 Detail]

Download: Hawaii-2014-HB2373-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2373
TWENTY-SEVENTH LEGISLATURE, 2014
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. The legislature finds that the proliferation of digital photography and videography, while overall beneficial to society, has also armed those seeking to do harm with an additional tool to injure others by violating their privacy. The legislature finds that some individuals have sought to harm others by distributing compromising photos or videos of the other party, who originally consented with the understanding that such materials would remain private.

Typically, the perpetrator's goal is to harm the other party and cause serious emotional distress. The legislature also finds that this form of harm is becoming a growing problem in the State as well as other jurisdictions. The legislature further finds these acts should be penalized regardless of whether the photographs or videos are in digital or traditional format, and regardless of whether they are distributed using electronic or more traditional means.

SECTION 2. Section 711-1110.9, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(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[~~, the~~]:

(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 photographs or records by any means the image of the intimate body parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person who photographed or recorded the image subsequently distributes through any means the image taken, with intent to cause serious emotional distress, and the depicted person suffers serious emotional distress. For purposes of this paragraph, "intimate body part" means any portion of the genitals, and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or visible through less than fully opaque clothing."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

Report Title:

Violation of Privacy

Description:

Broadens the offense of violation of privacy in the first degree to include distributing, where there has been an agreement or understanding that the image shall remain private, images of the intimate body parts of another with intent to cause serious emotional distress.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.