HI HB1772

Excludes certain acts from the misdemeanor offense of violation of privacy in the second degree, specifically acts involving observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity.

Allows violators to be charged under the felony offense of violation of privacy in the first degree instead of the lesser second degree charge, resolving a conflict between existing law and case law requirements.

Addresses case law precedent (State v. Modica, 58 Haw 249) that required charging under the lesser offense to avoid constitutional due process and equal protection issues.

Received support from the Honolulu Prosecuting Attorney and County of Maui Department of the Prosecuting Attorney.

Recommended for passage by the Hawaii Senate Committee on Judiciary and Labor.