Question: Is sexting even a crime in Hawaii? …

Answer: Not among consenting adults, generally, but the sharing of sexually explicit or nude images is illegal if anyone under 18 is involved.

The American Civil Liberties Union of Hawaii covers this topic in its Youth Rights Guide, which notes that sexting is a crime in Hawaii if one or more of the parties is a minor. The guide adds: “Regardless, sexting is a bad idea. Once you send out a sexting message or photo, you’ve lost control of where it can go. The person may lose his/her phone or it may get forwarded accidentally or deliberately. Once it’s out in the Internet, it can spread faster than a wildfire and it’s nearly impossible to get back.”

Hawaii’s Legislature acted in 2012 to try to curtail “sexting” involving minors, describing the electronic transmission of youth-produced sexual pictures and videos as a growing problem with far-reaching negative consequences. The Legislature found that the original sender has limited ability to prevent distribution beyond the intended recipient; that broad-scale dissemination can occur in an instant; and that the images may be used as a commodity for exchange or as leverage against the subject (revenge porn).

Two laws approved during that session combine to prohibit adults from soliciting minors to electronically transmit nude images of minors; prohibit minors from electronically transmitting nude images of themselves or other minors, or soliciting other minors to do so; and prohibit anyone from possessing a nude image transmitted by a minor, although the recipient’s reasonable effort to destroy the image is an affirmative defense. A minor means any person under age 18.

Here are the relevant sections of Hawaii Revised Statutes 712-1215.5 and 712-1215.6, respectively:

Promoting minor-produced sexual images in the first degree:

A person, 18 years of age or older, commits the offense of promoting minor-produced sexual images in the first degree if the person intentionally or knowingly commands, requests or encourages a minor to use a computer, cellphone or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor. This offense is a misdemeanor.

Promoting minor-produced sexual images in the second degree:

A minor commits the offense of promoting minor-produced sexual images in the second degree if the minor:

(a) Knowingly uses a computer, cellphone or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person a nude photograph or video of a minor or the minor’s self; or

(b) Intentionally or knowingly commands, requests or encourages another minor to use a computer, cellphone or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor or the minor’s self.

A person, of any age, commits the offense of promoting minor-produced sexual images in the second degree if the person knowingly possesses a nude photograph or video of a minor transmitted or distributed in violation of the previous subsection (a/b). It is an affirmative defense if the person took reasonable steps to destroy or eliminate the nude photograph or video of a minor.

This offense is a petty misdemeanor.

Mahalo

Mahalo to Howard with the red truck who was so kind to let me follow him to Waikele Outlet as I was unfamiliar with the location. He was so kind to lead me there, and he even gave me a big bunch of bananas from his yard. He would not take the money I tried to offer him to treat him to lunch, as it was just about lunchtime. He said that he would be blessed if he didn’t take my money. Thank you, Howard. I will pay your kindness forward tenfold. God bless you! — M.

Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.