Bill Text: HI HB1750 | 2014 | Regular Session | Amended
Bill Title: Violation of Privacy in the First Degree; Disclosure of an Image or Video of Another with the Intent to Harm
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2014-06-23 - Act 116, 6/20/2014 (Gov. Msg. No. 1217). [HB1750 Detail]
Download: Hawaii-2014-HB1750-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1750 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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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[, 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 knowingly discloses an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual contact, as defined in section 707-700, 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.
This section shall not apply to images, videos, or conduct voluntarily disclosed in public or commercial settings.
(2) Nothing in this section shall be construed to impose liability on an "electronic communication service" or a "remote computing service" as those terms are defined in section 803-41.
[(2)] (3) 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:
Violation of Privacy in the First Degree; Disclosure of an Image or Video of Another with the Intent to Harm
Description:
Establishes as an offense of violation of privacy in the first degree the act of knowingly disclosing an image or video of another identifiable person either in the nude or engaging in sexual contact without the consent of the depicted person with intent to harm substantially the depicted person. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
