Law / United States / Hawaii

Violation of Privacy in the First Degree, deepfake and composite intimate images

Haw. Rev. Stat. § 711-1110.9(1)(c)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force.

An AI prohibited practices rule binding public and private bodies.

As of 7 September 2026.

What it requires

  • Do not intentionally create, disclose, or threaten to disclose an image or video giving a real, identifiable person's recognizable physical characteristics to a composite or fictitious nude or sexually-explicit depiction, with intent to substantially harm that person or as an act of revenge or retribution.
  • A provider of an electronic communication service or remote computing service is not liable under this section for an image or video another person discloses through that service.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Violation of privacy in the first degree is a class C felony (fine up to $10,000, up to 5 years imprisonment under Haw. Rev. Stat. §§ 706-640, 706-660); the court may also order destruction of the recording, and any image not destroyed is sealed and kept confidential.

Penalty structure

Class C felony, fine up to $10,000 and up to 5 years imprisonment, under Haw. Rev. Stat. §§ 706-640(1)(c), 706-660.

Rule
Fixed only
As of
7 September 2026
Currency
USD
Fixed cap
10,000

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Subsection (1)(c), added by 2021 Session Laws Act 59, makes it violation of privacy in the first degree to intentionally create, disclose, or threaten to disclose an image or video of a "composite fictitious person" depicted nude or in sexual conduct that includes a real, identifiable person's recognizable physical characteristics, so the image appears to depict that known person, with intent to substantially harm the depicted person or as an act of revenge or retribution; this reaches a deepfake or AI-generated composite image regardless of whether any genuine nude or sexual image of the depicted person ever existed.

The offense is a class C felony. A provider of an "electronic communication service" or "remote computing service" is not liable for an image or video another person discloses through that service.

When LexLint raises it

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Read the law

official codified text, Hawaii Revised Statutes, www.capitol.hawaii.gov (Haw. Rev. Stat. § 711-1110.9, carrying the section's commentary)

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