HB 394 - Indecent Advertising

• Creates a new misdemeanor offense of "indecent advertising" prohibiting nude images or references to intimate areas in advertisements for massage therapy, relaxation therapy, or escort services.

• Applies to all forms of advertising including print, broadcast, electronic advertisements, and directories containing the words "massage," "relaxation," "spa," "escort," or "body rubs."

• Requires publishers and producers of advertising media to ensure advertisements for these services comply with the statute.

• Provides a rebuttable presumption of compliance for publishers who obtain written or electronic agreements from advertisers stating they will not violate state or federal law.

• Adds seven new definitions to Hawaii Revised Statutes Section 712-1210, including "advertise," "escort," "intimate areas," "massage therapist," "massage therapy," "relaxation therapist," and "relaxation therapy."