Summary
S.B. 2348 makes it a crime to threaten to disseminate a nude image of an identifiable person.
“Nude” is defined as “unclothed or in attire, including but not limited to sheer or see-through attire, so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals or any portion of the female breast below the top of the areola.”
There is an enhanced penalty if the threat is made with the intent to seriously harm the person in the image.
The bill offers no definition of threat so it is unclear what distinguishes a statement that one is going to publish an image and what is a threat.
Hawaii has a separate crime of “violation of privacy” that includes a “revenge pornography” law with an intent element.
Information
For more information on HTPA bills and why they are unconstitutional, visit our page on them.
Status
Referred to Judiciary Committee 1/24/2018.