Discreetly

    Revenge Porn Laws in Hawaii (2026): Your Rights and What to Do

    Hawaii treats nonconsensual sharing of intimate images, including qualifying deepfakes, as violation of privacy in the first degree, a Class C felony. Hawaii does not yet have a dedicated civil statute for these images, though lawmakers have been considering one, so victims currently rely on general tort law and any written agreement between the parties.

    Hawaii at a Glance

    Statute
    Violation of Privacy in the First Degree — Haw. Rev. Stat. § 711-1110.9
    Criminal classification
    Class C felony
    Maximum penalty
    Up to five years in prison and a fine of up to $10,000
    Can you sue?
    No dedicated civil claim
    Deepfakes / AI images
    Covered

    Is Revenge Porn Illegal in Hawaii?

    Yes. Haw. Rev. Stat. § 711-1110.9, violation of privacy in the first degree, makes it a felony to intentionally distribute an image or recording of another person that shows their intimate parts or sexual conduct, without their consent, where they had a reasonable expectation of privacy.

    The statute reaches distribution by any means, including posting online, texting, or emailing the image to even a single other person. It applies regardless of how the original image was obtained, so it covers images that were shared consensually at first and then distributed later without permission.

    Since a 2021 amendment, the statute also covers intentionally creating or distributing a computer-generated or altered image depicting a real person nude or engaged in sexual conduct, made with intent to substantially harm that person or as an act of revenge.

    Penalties for Sharing Intimate Images in Hawaii

    Violation of privacy in the first degree is a Class C felony in Hawaii, carrying a maximum sentence of up to five years in prison and a fine of up to $10,000. There is no separate misdemeanor tier for a first offense involving nonconsensual distribution of an intimate image.

    Related Hawaii offenses often apply alongside a revenge-porn charge, including harassment, stalking, and extortion where the person demands money, sex, or further images in exchange for silence.

    Where the images depict a minor, Hawaii's child pornography and promoting child abuse statutes apply instead, carrying far more serious felony penalties.

    Can I Sue Someone in Hawaii?

    Not yet under a dedicated statute. Hawaii lawmakers have introduced bills, including a proposed Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, in recent legislative sessions, but as of this writing no dedicated civil cause of action for sharing intimate images has been signed into law.

    In the meantime, a person whose images were shared without consent may still be able to bring a claim under general Hawaii tort law, such as invasion of privacy or intentional infliction of emotional distress, and pursue a breach-of-contract claim if the images were shared in breach of a written agreement not to disclose them.

    Because this is an evolving area, check with a Hawaii attorney on the current state of any civil-remedies legislation and on the limitation period that would apply to your specific claim.

    Does Hawaii Cover Deepfakes and AI Images?

    Yes, on the criminal side. Since a 2021 amendment (Act 59), § 711-1110.9 covers intentionally creating or distributing a computer-generated image depicting a real, identifiable person nude or engaged in sexual conduct, where done with intent to substantially harm the person or as an act of revenge, punishable as a Class C felony.

    There is currently no dedicated civil action specific to AI-generated intimate images in Hawaii, though this has been the subject of proposed legislation. The federal TAKE IT DOWN Act still requires covered platforms to remove reported nonconsensual intimate imagery, including deepfakes, within 48 hours of a valid request, regardless of the state civil-law gap.

    What to Do Right Now If Your Images Were Shared in Hawaii

    1. 1

      Preserve the Evidence Before Reporting It

      Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.

    2. 2

      Use the Platform's Intimate-Image Report

      Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

      For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.

    4. 4

      Report It in Hawaii

      Contact your local police department and refer to Haw. Rev. Stat. § 711-1110.9, mentioning the deepfake provision if the image was computer-generated. Flag any threats, stalking or extortion, because separate offenses may apply.

    5. 5

      Get Advice About the Civil Claim

      Ask a Hawaii attorney about general privacy and emotional-distress tort claims, any newly enacted civil-remedies statute, and breach of any written agreement not to share the images.

    Be Safer With a Written NDA as Evidence

    Most of Hawaii's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

    Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

    Create a free agreement

    Hawaii: Frequently Asked Questions

    Is revenge porn a felony in Hawaii?
    Yes. Violation of privacy in the first degree under § 711-1110.9 is a Class C felony, carrying up to five years in prison and a $10,000 fine, with no separate misdemeanor tier.
    Does Hawaii law cover AI deepfake nudes?
    Yes, on the criminal side. A 2021 amendment extended the felony offense to computer-generated images made with intent to substantially harm the depicted person or as an act of revenge.
    Can I sue someone in Hawaii for sharing intimate images?
    There is no dedicated civil statute for this in force yet, though one has been proposed. General tort claims like invasion of privacy, or a breach-of-agreement claim, may still be available.
    Do I have to prove they wanted to hurt me?
    For the core distribution offense, no; it turns on intentional, non-consensual distribution. For the deepfake provision, intent to substantially harm or an act of revenge is a required element.
    What if the image was recorded without me knowing?
    Hawaii's other violation-of-privacy provisions address secret recording and surveillance, which can apply separately from any later distribution of the image.

    Sources

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    This page provides general information about Hawaii law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Hawaii. Last reviewed August 2026.