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Hawaii Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 6 primary sources cited on this page. How we verify our legal content

Hawaii Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

Frequently Asked Questions

Is it illegal to make a deepfake of someone in Hawaii?

Yes, in the sexual or intimate context. HRS 711-1110.9 (amended 2021) makes it a class C felony to intentionally create or disclose a deepfake depicting someone in the nude or engaged in sexual conduct, with intent to substantially harm that person or as an act of revenge or retribution. Commercially using an AI replica of someone's voice or likeness without consent also creates civil liability under Hawaii's right-of-publicity statute (HRS 482P). Non-sexual, non-commercial deepfakes may not be covered by current law.

Is deepfake porn a crime in Hawaii?

Yes. HRS 711-1110.9, amended in 2021, specifically covers deep fake images of persons depicted in the nude or engaged in sexual conduct, when made or disclosed with intent to substantially harm the person or as revenge. The offense is a class C felony, carrying up to five years in prison and a fine of up to $10,000. The federal TAKE IT DOWN Act (2025) provides an additional federal criminal prohibition and a platform takedown right.

Can I sue someone for a deepfake in Hawaii?

Yes, in some circumstances. Since Act 247 (2026, formerly HB 2137) took effect on July 14, 2026, a victim of a harmful, nonconsensual realistic AI-generated digital imitation can sue for injunctive relief and damages up to $25,000 per advertisement or actual damages, plus punitive damages where malice is shown. HRS 711-1110.9, the sexual deepfake statute, remains criminal-only. Common law privacy torts may also be available. For commercial AI voice or likeness use, a civil claim exists under HRS 482P.

Are AI voice clones illegal in Hawaii?

Using an AI voice clone of an identifiable person for commercial purposes without their consent can create civil liability under Hawaii's Publicity Rights Act, which expressly protects an individual's voice from unauthorized commercial use: HRS 482P-2 creates the property right and HRS 482P-5 makes the unauthorized commercial use an infringement. There is no criminal statute specific to AI voice cloning. The federal FCC ruling (FCC 24-17, 2024) separately prohibits AI voice clone calls to phone numbers without prior express consent nationwide.

Does Hawaii have an election deepfake law?

Not currently. Hawaii enacted Act 191 (2024), which prohibited distributing materially deceptive media involving candidates during election season. However, a federal court permanently enjoined Act 191 on January 30, 2026, finding it an unconstitutional restriction on political speech, including satire and parody. No replacement election deepfake law has been enacted.

What is Act 247 (HB 2137) and is it law in Hawaii?

HB 2137 passed both chambers of the Hawaii Legislature and was signed into law by Gov. Josh Green on July 14, 2026, becoming Act 247, effective the same day. It prohibits knowingly publishing a harmful, nonconsensual realistic AI-generated digital imitation of a real person when the imitation is used in an advertisement, causes harm, or is used to commit fraud, defamation, or harassment, subject to exemptions for parody, satire, news reporting, and documentary or biographical works. It creates a civil action for injunctive relief and damages up to $25,000 per advertisement or actual damages, punitive damages where malice is shown, and attorneys' fees. It does not impose an advertising-disclosure requirement.

What is the TAKE IT DOWN Act and does it apply in Hawaii?

Yes, it applies in Hawaii. The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is a federal law that makes it a crime to knowingly publish nonconsensual intimate images of adults and minors, expressly including AI-generated deepfakes. Platforms must remove flagged content within 48 hours of a victim's notice. It applies nationwide and provides the platform-removal mechanism that Hawaii's own criminal law lacks.

What should I do if someone posted a deepfake of me online?

Start with a platform takedown notice under the federal TAKE IT DOWN Act: platforms are required to remove nonconsensual intimate deepfakes within 48 hours. For criminal enforcement in Hawaii, report to local police or the Hawaii Attorney General's office; HRS 711-1110.9 is a class C felony. For commercial AI voice or likeness theft, consult an attorney about a civil claim under Hawaii's Publicity Rights Act (HRS 482P). A digital privacy or cyber harassment attorney can help assess all available options.

Updates

Corrected the NO FAKES Act citation to S.1367 (119th Congress), sharpened the Hawaii publicity rights pin cite to the infringement provision HRS 482P-5 with remedies under HRS 482P-6, replaced a federal phrase quoted as Hawaii law with Hawaii's own child pornography definition, and removed a stale currency date in the election deepfake section.

Updated this page to reflect that HB 2137 was signed into law as Act 247 on July 14, 2026 (effective immediately) rather than still pending before the governor, corrected the description of what the new law actually does (a civil prohibition on harmful nonconsensual AI-generated digital imitations, not an advertising-disclosure mandate), and added it to the penalty summary table.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Updated NO FAKES Act federal bill citation to S.4591 (119th Congress, "NO FAKES Act of 2026") and current Senate Judiciary Committee status.

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Hawaii SB 309 (Act 59, Session Laws 2021) - Amendment to HRS 711-1110.9 adding deepfake criminal offense(capitol.hawaii.gov).gov
  2. TAKE IT DOWN Act, Public Law 119-12 (S.146, 119th Congress, signed May 19, 2025)(congress.gov).gov
  3. 18 U.S.C. 2256 - Federal CSAM definition covering AI-generated images (PROTECT Act 2003)(law.cornell.edu)
  4. FCC Order 24-17 (Feb. 2024) - AI-Generated Voices in Robocalls Declared Artificial under TCPA(fcc.gov).gov
  5. DEFIANCE Act, S.1837 (119th Congress, 2025) - proposed federal civil cause of action for sexual deepfakes (PENDING, not law)(congress.gov).gov
  6. Hawaii Act 247 (2026), enacted from HB 2137 CD1 - Artificial Intelligence; Digital Imitation; Personal Likeness; Protections, signed into law by Gov. Josh Green on July 14, 2026(capitol.hawaii.gov).gov
  7. Hawaii HRS Chapter 482P - Publicity Rights Act (voice, name, and likeness protection)(capitol.hawaii.gov).gov
  8. NO FAKES Act of 2025, S.1367 (119th Congress) - official bill text, introduced April 9, 2025 (PENDING, not law)(congress.gov)
  9. HRS 482P-5 - Infringement of publicity right; use without consent (the operative provision; remedies at HRS 482P-6)(capitol.hawaii.gov)
  10. HRS 707-751 - Promoting child abuse in the second degree, defining child pornography to include a pornographic visual representation created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct(capitol.hawaii.gov)
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