Hawaii 2025 Regular Session

Hawaii Senate Bill SB1156 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1156 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to deepfakes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1156
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1156
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to deepfakes.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows: "§707- Unlawful creation or distribution of a sexually explicit deepfake. (1) A person commits the offense of unlawful creation or distribution of a sexually explicit deepfake if the person knowingly and without the consent of the depicted individual creates, distributes to, exhibits to, or exchanges with others or offers to distribute to, exhibit to, or exchange with others a deepfake that depicts an individual nude or personally engaging in sexual conduct. (2) Unlawful creation or distribution of a sexually explicit deepfake is a misdemeanor. (3) No person shall be held liable under this section for any activity protected by the First Amendment to the United States Constitution. (4) For the purposes of this section: "Deepfake" means any audio or visual media in an electronic format, including any motion picture film or video recording, that is created or altered in a manner that it would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of the individual depicted in the recording. "Deepfake" does not include any material that constitutes a work of political, public interest, or newsworthy value, including commentary, criticism, satire, or parody, or that includes content, context, or a clear disclosure visible throughout the duration of the recording that would cause a reasonable person to understand that the audio or visual media is not a record of a real event. "Distribute" means to publish, make available, or distribute to the public. "Distribute" does not include any alteration of a deepfake, including altering the length of the recording, so long as the alteration does not knowingly remove any content, context, or clear disclosure visible throughout the duration of the recording that would cause a reasonable person to believe that the audio or visual media is not a record of a real event. "Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviant sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
50	50
51	51	"§707- Unlawful creation or distribution of a sexually explicit deepfake. (1) A person commits the offense of unlawful creation or distribution of a sexually explicit deepfake if the person knowingly and without the consent of the depicted individual creates, distributes to, exhibits to, or exchanges with others or offers to distribute to, exhibit to, or exchange with others a deepfake that depicts an individual nude or personally engaging in sexual conduct.
52	52
53	53	(2) Unlawful creation or distribution of a sexually explicit deepfake is a misdemeanor.
54	54
55	55	(3) No person shall be held liable under this section for any activity protected by the First Amendment to the United States Constitution.
56	56
57	57	(4) For the purposes of this section:
58	58
59	59	"Deepfake" means any audio or visual media in an electronic format, including any motion picture film or video recording, that is created or altered in a manner that it would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of the individual depicted in the recording.
60	60
61	61	"Deepfake" does not include any material that constitutes a work of political, public interest, or newsworthy value, including commentary, criticism, satire, or parody, or that includes content, context, or a clear disclosure visible throughout the duration of the recording that would cause a reasonable person to understand that the audio or visual media is not a record of a real event.
62	62
63	63	"Distribute" means to publish, make available, or distribute to the public.
64	64
65	65	"Distribute" does not include any alteration of a deepfake, including altering the length of the recording, so long as the alteration does not knowingly remove any content, context, or clear disclosure visible throughout the duration of the recording that would cause a reasonable person to believe that the audio or visual media is not a record of a real event.
66	66
67	67	"Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviant sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area."
68	68
69	69	SECTION 2. New statutory material is underscored.
70	70
71	71	SECTION 3. This Act shall take effect upon its approval.
72	72
73	73
74	74
75	75	INTRODUCED BY: _____________________________
76	76
77	77	INTRODUCED BY:
78	78
79	79	_____________________________
80	80
81	81
82	82
83	83
84	84
85	85	Report Title: Deepfakes; Creation; Distribution; Prohibition; Sexual Offenses Description: Establishes the crime of unlawful creation or distribution of a sexually explicit deepfake. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
86	86
87	87
88	88
89	89
90	90
91	91
92	92
93	93	Report Title:
94	94
95	95	Deepfakes; Creation; Distribution; Prohibition; Sexual Offenses
96	96
97	97
98	98
99	99	Description:
100	100
101	101	Establishes the crime of unlawful creation or distribution of a sexually explicit deepfake.
102	102
103	103
104	104
105	105
106	106
107	107
108	108
109	109	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.