HB1682

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

uniform civil remedies for unauthorized disclosure of INTIMATE images act

§ -1 Short title. This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.

§ -2 Definitions. As used in this chapter:

"Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

"Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.

"Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning.

"Identifiable" means recognizable by a person other than the depicted individual:

(1) From an intimate image itself; or

(2) From an intimate image and identifying characteristic displayed in connection with the intimate image.

"Identifying characteristic" means information that may be used to identify a depicted individual.

"Individual" means a natural person.

"Intimate image" means any digital image, photograph, or video that depicts a person in a state of undress; nude as defined in section 712-1210; or engaged in sexual conduct as defined in section 712-1210.

"Person" means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.

§ -3 Disclosure of intimate images; civil action. (a) Except as otherwise provided in section -4, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of a private intimate image without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:

(1) The depicted individual did not consent to the disclosure;

(2) The intimate image was private; and

(3) The depicted individual was identifiable.

(b) The following conduct by a depicted individual shall not establish by itself that the depicted individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the depicted individual lacked a reasonable expectation of privacy:

(1) Consent to creation of the image; or

(2) Previous consensual disclosure of the image.

(c) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual shall retain a reasonable expectation of privacy even if the image was created when the individual was in a public place.

(d) As used in this section:

"Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.

"Private" means:

(1) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or

(2) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.

§ -4 Liability; exceptions. (a) A person shall not be liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was:

(1) Made in good faith as part of:

(A) Law enforcement activity;

(B) A legal proceeding; or

(2) Made in good faith in the reporting or investigation of:

(A) Unlawful conduct; or

(B) Unsolicited and unwelcome conduct;

(3) Related to a matter of public concern or public interest; or

(4) Reasonably intended to assist the depicted individual.

(b) Subject to subsection (c), a defendant who is a parent, legal guardian, or individual with legal custody of a child shall not be liable under this chapter for a disclosure or threatened disclosure of an intimate image of the child.

(c) If a defendant asserts an exception to liability under subsection (b), the exception shall not apply if the plaintiff proves the disclosure was:

(1) Prohibited by law other than as provided this chapter; or

(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(d) Disclosure of, or a threat to disclose, an intimate image shall not be a matter of public concern or public interest solely because the depicted individual is a public figure.

(e) As used in this section:

"Child" means an unemancipated individual who is less than eighteen years of age.

"Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a grandparent, or a grandparent-in-law.

§ -5 Plaintiff's privacy. In an action under this chapter:

(1) The court may exclude or redact from all pleadings and documents filed other identifying characteristics of the plaintiff under applicable state law or procedural rule;

(2) A plaintiff to whom paragraph (1) applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics; and

(3) The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

§ -6 Disclosure of intimate images; civil remedies. (a) In an action under this chapter, a prevailing plaintiff may recover:

(1) The greater of:

(A) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or

(B) Statutory damages not to exceed $10,000 against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action; provided that in determining the amount of statutory damages under this subparagraph, consideration shall be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors;

(2) An amount equal to any monetary gain made by the defendant from disclosure of the intimate image;

(3) An amount equal to any actual costs incurred by the plaintiff in retrieving and requesting removal of distributed images; and

(4) Punitive damages as allowed under any state law other than as provided in this chapter.

(b) In an action under this chapter, the court may award a prevailing plaintiff:

(1) Reasonable attorney's fees and costs; and

(2) Additional relief, including injunctive relief.

(c) This chapter shall not affect a right or remedy available under any state law other than as provided in this chapter.

§ -7 Statute of limitations. (a) An action brought by a depicted individual under section -3(a) for unauthorized disclosure, where the depicted individual was an adult on the date of disclosure, may not be brought later than eight years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.

(b) An action brought by a depicted individual under section -3(a) for a threat to disclose, where the depicted individual was an adult on the date of the threat to disclose, may not be brought later than eight years from the date of the threat to disclose.

(c) Subject to section 657-1.8(a)(2), an action brought by a depicted individual under section -3(a), where the depicted individual was a minor on the date of the disclosure or threat to disclose, may not be brought later than thirty-two years after the eighteenth birthday of the depicted individual or five years after the date the depicted individual discovers or reasonably should have discovered that psychological injury or illness occurring after the depicted individual's eighteenth birthday was caused by the unauthorized disclosure, whichever occurs later.

§ -8 Construction. (a) This chapter shall be construed to be consistent with the Communications Decency Act of 1996, title 47 United States Code section 230.

(b) This chapter shall not be construed to alter the law on sovereign immunity.

§ -9 Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ -10 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."

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. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1682
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII