Hawaii Violation of Privacy in the First Degree — Composite Fictitious Person Imagery (SB 309, Act 59)
Hawaii · Haw. SB 309 (2021), Act 59; HRS Sec. 711-1110.9
Hawaii expanded its first-degree violation-of-privacy crime to cover deepfake-style imagery. It is now an offense to intentionally create or disclose a nude or sexually explicit image or video of a 'composite fictitious person' that includes the recognizable features of a real, identifiable individual so that it appears to show that real person, when done with intent to substantially harm them or as revenge. The crime is a class C felony.
Technical detail
SB 309 (Act 59, 2021) amended HRS 711-1110.9 to add to violation of privacy in the first degree the intentional creation, disclosure, or threatened disclosure of nude/sexually explicit imagery of a 'composite fictitious person' bearing the recognizable physical characteristics of an identifiable real person, made with intent to harm.
Who is protected: Identifiable real individuals depicted via composite/synthetic (deepfake) nude or sexually explicit imagery.
Who must comply: Any person who creates, discloses, or threatens to disclose such imagery.
Key facts
| Jurisdiction | Hawaii |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2021-06-23 |
| Enacted | 2021-06-23 |
| Citation | Haw. SB 309 (2021), Act 59; HRS Sec. 711-1110.9 |
| Enforced by | Hawaii state prosecutors (county prosecuting attorneys / Department of the Attorney General). |
| Private right of action | No — agency enforcement only |
| Penalties | Violation of privacy in the first degree is a class C felony (up to five years imprisonment and fines as provided under Hawaii law). |
| Topics | non-consensual intimate imagery · AI-generated images · deepfakes · consumer data privacy |
| Last verified | 2026-06-16 |
| Official source | Hawaii SB 309 CD1 (2021) — Relating to Privacy (Deep Fakes) ↗ |
More AI rules in Hawaii
- Hawaii Election Deepfake Law (blocked) · Blocked / in litigation
- Hawaii AI Companion Safety Act (Act 248) · Enacted (not yet in effect)
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- VA HB 2678 (2019, first deepfake-NCII criminal law) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
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