Bill Text: HI SB2375 | 2014 | Regular Session | Amended
Bill Title: Offenses Against Public Order; Nonconsensual Distribution of Sexual Recordings
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2375 Detail]
Download: Hawaii-2014-SB2375-Amended.html
|
THE SENATE |
S.B. NO. |
2375 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
S.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. 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] 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 of another identifiable person in the nude as defined by section 712-1210, or of another identifiable person engaging in sexual activity, without the depicted person's consent, with intent to substantially harm the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships. This section shall not apply to images voluntarily disclosed in public or commercial settings.
(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."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Offenses Against Public Order; Nonconsensual Distribution of Sexual Recordings
Description:
Establishes a criminal offense for disclosing or distributing an image of another identifiable person in the nude or engaging in sexual activity, with the intent to substantially harm the depicted person and without the depicted person's consent. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
