‘Revenge Porn’ Bill Passes Conference Committee

A bill that would make it a felony to distribute, transmit or display nude photos of a person without their consent with intent to harm was approved today by House and Senate conferees.

Dubbed the “revenge porn” bill, the legislation introduced by Oahu Rep. John Mizuno is aimed at the use of sexually oriented or nude photos to retaliate against or intentionally harm another person.

The bill would not apply to images or conduct that is voluntarily done in public or commercial settings.

Mizuno said House Bill 1750 is designed to prevent the type of humiliation that resulted in the death of a 15-year-old girl in California who committed suicide after nude photos of her were posted on the internet.

“With technology comes different crimes, today our Judiciary conferees passed a very important and progressive bill to address a gap in the law and criminalize such offensive crimes,” Mizuno said in a statement.

The bill now goes before a vote of the House and Senate on Tuesday, April 29.

If the bill is approved by the full Legislature and signed by the governor, Hawaii would become the third state in the nation, after California and New Jersey, to outlaw such acts.

Violations under the law would be considered a class “C” felony, which is punishable by a prison term of up to five years and fine of $10,000.

The bill expands on the state law dealing with violation of privacy which covers  scenarios where an electronic device is used to record people undressing or in sexual activity in a private place without their consent.