Law / United States / Hawaii

Promoting Child Abuse, computer-generated child pornography

Haw. Rev. Stat. §§ 707-750 to 707-752

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not produce, disseminate, or possess any visual representation, including a computer-generated or AI-generated image or picture, that depicts what appears to be an identifiable minor engaging in sexual conduct, whether or not any real minor was used to create it.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Producing qualifying material is promoting child abuse in the first degree, a class A felony (fine up to $50,000, up to 20 years imprisonment under Haw. Rev. Stat. §§ 706-640, 706-659); disseminating it, or possessing thirty or more qualifying images meeting an aggravating criterion, is the second degree, a class B felony (fine up to $25,000, up to 10 years under §§ 706-640, 706-660); simple possession is the third degree, a class C felony (fine up to $10,000, up to 5 years under §§ 706-640, 706-660).

Penalty structure

Maximum fine varies by degree: first degree (production) class A felony up to $50,000 and up to 20 years imprisonment; second degree (dissemination, or possession of 30 or more qualifying images meeting an aggravating criterion) class B felony up to $25,000 and up to 10 years; third degree (simple possession) class C felony up to $10,000 and up to 5 years, under Haw. Rev. Stat. §§ 706-640, 706-659, 706-660.

Rule
Fixed only
As of
Currency
USD
Fixed cap
50,000

What it makes you log

Logging duty

This is a criminal offense definition. It states no duty for anyone to create, keep, or produce a log or record of anything.

Kind
None
As of

What this law does

Drafted with AI

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

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Hawaii's promoting-child-abuse statute defines "child pornography" to include any pornographic visual representation, including a "computer or computer-generated image or picture," where either the production used a real minor or the image "has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct," reaching an AI-generated or AI-altered depiction with no real minor involved at all.

Producing such material is promoting child abuse in the first degree (class A felony); disseminating it, or possessing thirty or more qualifying images, is the second degree (class B felony); simple possession is the third degree (class C felony). This computer-generated language was added by 2002 Session Laws Act 200 to address, in the legislature's words, "the problem of utilizing computer technology in committing crimes against children."

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI or publishes adult content.

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