STAND. COM. REP. NO. 3162

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1750

       H.D. 1

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1750, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO PUBLIC ORDER,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Establish the offense of unlawful distribution of sexual representation if a person, without the consent of the person represented, intentionally or knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a representation of a nude person or of a person engaging in sexual conduct;

 

     (2)  Provide exceptions to the offense of unlawful distribution of sexual representation; and

 

     (3)  Establish that the offense of unlawful distribution of sexual representation is a misdemeanor.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Department of the Prosecuting Attorney, County of Maui; Office of the Prosecuting Attorney, County of Kauai; Police Department, County of Maui; IMUAlliance; AT&T; and three individuals.

 

     Your Committee finds that on October 1, 2013, the Governor of California signed into law legislation that prohibits a "revenge porn" perpetrator from distributing sexually explicit pictures that were intended to be private.  Since then, a number of other states have considered similar legislation.  According to the IMUAlliance, advancements in cellular and internet technology have made it easy to disseminate and access intimate images, videos, and recordings that depict an individual in the nude or engaged in sexual activity.  These images and recordings can be used to retaliate against the depicted individual.  For the depicted individual, this dissemination can result in emotional distress, loss of personal relationships, financial losses, and other consequences.  This measure addresses the concerns and ramifications of the dissemination of a representation of a nude person or of a person engaging in sexual conduct without the depicted person's consent by making this action of dissemination a criminal offense.

 

     Your Committee notes the written testimony submitted by the Department of the Prosecuting Attorney of the City and County of Honolulu that explains that the offense of violation of privacy in the first degree covers scenarios where the perpetrator installs or uses a device to record another person in a private place in a stage of undress or sexual activity without the depicted person's consent.  The City and County of Honolulu Prosecuting Attorney suggested that this existing law be amended to include the dissemination of a representation of a nude person or of a person engaging in sexual conduct without the depicted person's consent.

 

     Accordingly, your Committee has amended this measure by deleting its contents and inserting language suggested by the Department of the Prosecuting Attorney of the City and County of Honolulu to amend section 711-1110.9, Hawaii Revised Statutes, to:

 

     (1)  Add that a person commits the offense of violation of privacy in the first degree if the person knowingly discloses 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 the intent to harm substantially the depicted person with respect to specified factors;

 

     (2)  Exclude the application of the offense of violation of privacy in the first degree to images, videos, or conduct that is voluntarily disclosed in public or commercial settings; and

 

     (3)  Specify that the offense of violation of privacy in the first degree is not to be construed to impose liability on an electronic communication service or remote computer service.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1750, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1750, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair