Law / United States / 
Hawaii
Violation of Privacy in the First Degree, deepfake and composite intimate images
Haw. Rev. Stat. § 711-1110.9(1)(c)
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 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.
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
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
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
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
- Currency
- USD
- Fixed cap
- 10,000
What it makes you log
Logging duty
This is a criminal offense definition. The court's power under subsections (4) and (5) to order destruction of the offending recording, or otherwise to seal and keep confidential any copy not destroyed, is a disposition of evidence in a completed prosecution, not a duty on any party to create, keep, or produce a compliance record.
- Kind
- None
- As of
What this law does
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
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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