Revenge Porn Laws in Hawaii: What Victims Need to Know in 2026
What Hawaii Law Says
Hawaii enacted its revenge porn law under Hawaii Revised Statutes Section 711-1110.9, titled "Violation of privacy in the first degree" and related sections. The law creates a tiered system of offenses based on the circumstances of the distribution.
A first offense is generally classified as a misdemeanor, punishable by up to one year in jail and a fine up to $2,000. However, if the offender distributes images for commercial gain, targets a minor, or has prior convictions, the offense can be elevated to a Class C felony, punishable by up to 5 years in prison and fines up to $10,000. Hawaii's law recognizes that nonconsensual intimate image distribution causes serious harm.
Review the statute at the Hawaii Legislature website.
What Counts as Revenge Porn in Hawaii
Hawaii's statute defines the offense through these elements. The image must depict a person in a state of nudity or engaged in sexual conduct. The image must have been made or obtained under circumstances in which the depicted person had a reasonable expectation that the image would remain private. The distribution must occur without the consent of the depicted person. The offender must act intentionally or knowingly.
Hawaii's law applies to all methods of distribution, including social media platforms like Instagram and Reddit, messaging applications, websites, and email. The state's geographic isolation does not insulate victims from online distribution, as content posted anywhere on the internet is accessible globally.
How to Report
Hawaii victims should take these steps:
- Document everything — Screenshot all images, save URLs, record usernames and timestamps, and preserve any communications.
- File a police report — Contact the Honolulu Police Department, Maui Police Department, Hawaii Police Department (Big Island), or Kauai Police Department depending on your location. Reference HRS 711-1110.9.
- Contact the Prosecuting Attorney — Each county in Hawaii has a prosecuting attorney's office that handles criminal cases.
- Report to the FBI — File with the FBI IC3 for internet-based offenses.
- Seek a temporary restraining order — Hawaii courts can issue protective orders that address the distribution of intimate images.
Limitations of Criminal Law
Hawaii's criminal law provides a framework for prosecution, but the island state faces unique challenges. Law enforcement resources are distributed across multiple islands, and coordination between county police departments can be complex. Cases involving offenders on the mainland or overseas face significant jurisdictional hurdles.
The criminal process takes time, and during that period, intimate images remain online and accessible. Even a conviction does not result in automatic content removal from platforms. Hawaii's distance from the mainland can also make it harder to coordinate with platform legal teams and law enforcement in other jurisdictions.
The tiered structure of the law means that many first-offense cases are treated as misdemeanors, which may receive lower prosecutorial priority. This can leave victims feeling that the system does not adequately respond to their crisis.
Removing the Content
Parallel content removal is essential for Hawaii victims, given the limitations of the criminal process.
The TAKE IT DOWN Act requires platforms to remove NCII within 48 hours of a valid request, providing Hawaii victims with the same federal protections available to all U.S. residents.
StopNCII.org offers a free hashing tool that creates digital fingerprints of intimate images, which participating platforms use to block future uploads.
IntimaShield provides professional NCII removal services that handle takedowns across multiple platforms, search engine de-indexing, and ongoing monitoring for re-uploads.
See also: California's revenge porn law for a Pacific state comparison.
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