Hawaii Voyeurism Laws: Hidden Camera Penalties and Privacy Protections

Hawaii has some of the strongest voyeurism and hidden camera laws in the United States. The state addresses voyeurism primarily through two statutes: HRS 711-1110.9 (violation of privacy in the first degree) and HRS 711-1111 (violation of privacy in the second degree). These statutes have been strengthened multiple times through legislative action to address emerging threats like revenge pornography and AI-generated deepfake images.

This guide explains what constitutes voyeurism under Hawaii law, the penalties for different offenses, how the law addresses revenge porn and deepfakes, and what protections are available to victims.

Violation of Privacy in the First Degree: HRS 711-1110.9

What the Statute Prohibits

HRS 711-1110.9 is Hawaii's primary voyeurism statute. A person commits violation of privacy in the first degree by engaging in any of the following conduct:

Covert recording of intimate areas. A person commits this offense by intentionally or knowingly installing or using any device for observing, recording, amplifying, or broadcasting an image of another person's intimate area underneath or through a person's clothing, without that person's consent, under circumstances in which the person has a reasonable expectation of privacy. This covers "upskirting" and similar conduct regardless of whether it occurs in a public or private place.

Non-consensual intimate image recording. A person commits this offense by recording another person in a state of undress or engaging in sexual conduct in a place and under circumstances where the person has a reasonable expectation of privacy, without that person's consent.

Non-consensual disclosure of intimate images. A person commits this offense by intentionally disclosing an image of another person's intimate area, where the image was obtained under circumstances in which the depicted person had a reasonable expectation of privacy, without that person's consent.

Threatening to disclose intimate images. Added by Act 114 (2018), a person commits this offense by threatening to disclose an intimate image of another person without that person's consent, for the purpose of intimidation, coercion, or to cause emotional distress.

Deepfake intimate images. Added by Act 59 (2021), a person commits this offense by intentionally creating, disclosing, or threatening to disclose a computer-generated image, also known as a deepfake, that realistically depicts a person nude or engaging in sexual conduct, without that person's consent.

Penalties for First-Degree Violation

Violation of privacy in the first degree is a Class C felony under Hawaii law. The penalties include:

• Imprisonment for an indeterminate term of up to 5 years under HRS 706-660
• Fines up to $10,000
• Probation may be imposed as an alternative to imprisonment
• Sex offender registration may be required depending on the circumstances

Confidentiality and Sealing Requirements

All recordings, images, and other materials that are the subject of a prosecution under HRS 711-1110.9 must be sealed and remain confidential. This protection extends throughout the legal proceedings and is designed to prevent further victimization through public disclosure of intimate images.

Violation of Privacy in the Second Degree: HRS 711-1111

What the Statute Covers

HRS 711-1111 addresses the broader category of privacy violations involving recording devices in private places. A person commits violation of privacy in the second degree if that person:

• Installs or uses a recording device in any private place, without the consent of the person or persons entitled to privacy therein, for the purpose of observing, recording, amplifying, or broadcasting sounds or events in that place
• Covertly photographs, films, or records in a manner that captures an image of another person in a place and under circumstances where the person has a reasonable expectation of privacy

What Qualifies as a "Private Place"

Under HRS 711-1111, a private place is a location where a person "may reasonably expect to be safe from casual or hostile intrusion or surveillance." This does not include places where the public or a substantial group of the public has access.

Locations typically considered private places include:

• Bedrooms and living areas in private homes
• Hotel rooms and vacation rental units
• Bathrooms and restrooms in any setting
• Locker rooms and changing areas
• Medical examination rooms
• Private offices with closed doors
• Dressing rooms in retail stores

Penalties for Second-Degree Violation

Violation of privacy in the second degree is a misdemeanor. Penalties include:

• Up to 1 year in jail under HRS 706-663
• Fines up to $2,000
• Court-ordered destruction of recordings
• Probation

Hidden Camera Laws in Hawaii

Installing Hidden Cameras

Under HRS 711-1111, it is illegal to install any recording device in a private place without the consent of all persons entitled to privacy. This includes:

• Hidden cameras placed in bathrooms, bedrooms, or changing areas
• Nanny cameras or other surveillance devices in private spaces without disclosure
• Cameras disguised as everyday objects (clocks, smoke detectors, picture frames)
• Any device capable of capturing images or video installed covertly in a private area

Specific Hidden Camera Scenarios

In your own home with guests. While you own the property, guests in your home have privacy expectations in certain areas. You cannot place hidden cameras in guest bedrooms, bathrooms, or other areas where guests reasonably expect privacy.

In rental properties. Landlords cannot install hidden cameras inside rental units. This is both a violation of HRS 711-1111 and potentially a violation of tenant rights. (See Hawaii landlord-tenant recording laws for more details.)

In vacation rentals. Hawaii's large vacation rental market makes this particularly relevant. Hosts of vacation rentals (Airbnb, VRBO, etc.) cannot place hidden recording devices inside the rental unit. Any visible security cameras on the exterior should be disclosed in the listing.

In the workplace. Employers cannot install hidden cameras in bathrooms, locker rooms, changing areas, or other private workplace areas. Cameras in common work areas are generally permissible with notice. (See Hawaii workplace recording laws.)

Revenge Pornography Laws

Act 114 (2018)

Hawaii enacted Act 114 in 2018 to strengthen protections against revenge pornography. This law amended HRS 711-1110.9 to:

• Explicitly criminalize the disclosure of intimate images without consent, regardless of how the images were originally obtained
• Criminalize threatening to disclose intimate images without consent
• Cover disclosures made as acts of revenge or retribution, such as after a relationship ends
• Apply to images originally obtained with consent (such as images shared between partners) if later disclosed without consent

Key Elements of a Revenge Porn Charge

To establish a violation under the revenge porn provisions of HRS 711-1110.9, prosecutors must show:

1. The defendant intentionally disclosed (or threatened to disclose) an image
2. The image depicts the victim's intimate area, the victim in a state of undress, or the victim engaging in sexual conduct
3. The image was obtained under circumstances where the victim had a reasonable expectation of privacy
4. The disclosure was made without the victim's consent
5. The defendant knew or should have known that the victim had not consented to disclosure

Defenses

The statute provides limited defenses:

• The image was lawfully obtained and is of legitimate public concern
• The disclosure was made in the course of law enforcement, legal proceedings, or medical treatment
• The depicted person consented to the specific disclosure

Deepfake Laws in Hawaii

Act 59 (2021)

Hawaii was among the early states to address deepfake intimate imagery through legislation. Act 59 (2021) amended HRS 711-1110.9 to specifically criminalize:

• Creating a computer-generated image that realistically depicts a person nude or engaging in sexual conduct without that person's consent
• Disclosing such a computer-generated image without consent
• Threatening to disclose such an image without consent

What Counts as a Deepfake Under Hawaii Law

The law targets computer-generated images that "realistically depict" a person in intimate situations. This includes:

• AI-generated images that swap a person's face onto nude or sexual imagery
• AI tools that digitally remove clothing from photographs
• Any digitally manipulated image that creates a realistic depiction of intimate content involving a real person

Penalty for Deepfake Violations

Creating, disclosing, or threatening to disclose deepfake intimate images is a Class C felony carrying the same penalties as other first-degree privacy violations:

• Up to 5 years in prison
• Fines up to $10,000

Civil Remedies for Voyeurism Victims

Civil Lawsuits

In addition to criminal penalties, victims of voyeurism and hidden camera recording in Hawaii can pursue civil remedies:

• Invasion of privacy tort claims under Hawaii common law
• Intentional infliction of emotional distress for severe cases
• Civil damages under HRS 803-48 if the voyeurism also involved illegal interception of communications
• Injunctive relief to prevent further disclosure of images

Statutory Damages

Under HRS 803-48, victims of illegal interception can recover:

• Actual damages
• Profits derived from the violation
• Statutory damages of at least $10,000
• Attorney fees and litigation costs

Protective Orders

Victims can also seek temporary restraining orders (TROs) and protective orders under Hawaii family court or circuit court to:

• Prohibit the defendant from contacting the victim
• Order the deletion or destruction of images
• Prevent further distribution of intimate images

Law Enforcement Exception for Recording Police

Act 164 (2016)

It is important to note that Hawaii's privacy statutes include an exception for recording law enforcement officers. Act 164 (2016) amended both HRS 711-1111 and HRS 710-1010 to explicitly protect the right to record police officers performing their duties in public. This exception means that recording a police officer in a public place is not a violation of privacy, even though the recording captures the officer without consent. (See Hawaii laws on recording police for full details.)

Reporting Voyeurism in Hawaii

How to Report

If you are a victim of voyeurism or hidden camera recording in Hawaii:

1. Contact local police to file a criminal report
2. Preserve evidence of the recording device or images, but do not attempt to retrieve a hidden camera yourself if it may compromise evidence
3. Document everything including dates, times, and circumstances of the discovery
4. Contact a victim advocate through the Hawaii Crime Victim Compensation Commission or a local victim assistance program
5. Consult an attorney about civil remedies and protective orders

Victim Resources

Hawaii offers several resources for voyeurism victims:

• Hawaii Crime Victim Compensation Commission: Provides financial assistance to crime victims for counseling and other expenses
• Hawaii State Coalition Against Domestic Violence: Offers support services and referrals
• Local law enforcement victim advocates: Available through county police departments

Penalty Comparison Table

Offense	Statute	Classification	Max Prison	Max Fine
Hidden camera in private place	HRS 711-1111	Misdemeanor	1 year	$2,000
Intimate image recording	HRS 711-1110.9	Class C Felony	5 years	$10,000
Non-consensual disclosure	HRS 711-1110.9	Class C Felony	5 years	$10,000
Threat to disclose	HRS 711-1110.9	Class C Felony	5 years	$10,000
Deepfake creation/disclosure	HRS 711-1110.9	Class C Felony	5 years	$10,000
Upskirting	HRS 711-1110.9	Class C Felony	5 years	$10,000

More Hawaii Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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