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SB465

SB465

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Published by: erj5388 on Feb 08, 2013
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02/08/2013

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2/8/13 SB465.DOCwww.capitol.hawaii.gov/session2013/bills/SB465_.htm 1/5
THE SENATE
S.B. NO.
465TWENTY-SEVENTH LEGISLATURE, 2013STATE OF HAWAII
 A BILL FOR AN ACT
 
RELATING TO TORT ACTIONS. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
 SECTION 1. The legislature finds that Hawai
i is home to manycelebrities, particularly on Maui, who are subjected to harassmentfrom photographers and reporters seeking photographs and newsstories. The privacy of these celebrities endure unwarrantedinvasion into their personal lives. Although their celebritystatus may justify a lower expectation of privacy, the legislaturefinds that sometimes the paparazzi go too far to disturb the peaceand tranquility afforded celebrities who escape to Hawai
i for aquiet life.Existing Hawai
i statutes are silent on a civil cause of actionfor constructive invasion of privacy. Therefore, many celebritiesare deterred from buying property or vacationing in Hawai
i becausethe same paparazzi that harass them on the mainland are more likelyto follow them to Hawai
i. However, a few celebrities are notdiscouraged from visiting or residing in our beautiful State. Forexample, Steven Tyler, the lead singer of Aerosmith for over fortyyears, former "American Idol" judge, and world-renowned celebrityhas recently purchased a home on Maui. He will now be sharing histime between Boston, Los Angeles, and his new home on Maui. In
 
2/8/13 SB465.DOCwww.capitol.hawaii.gov/session2013/bills/SB465_.htm 2/5
honor of Steven Tyler's contribution to the arts in Hawai
i andthroughout the world, this Act shall be known as the Steven TylerAct.The purpose of this Act is to encourage celebrities to visitand reside in our State by creating a civil cause of action for theconstructive invasion of privacy.SECTION 2. Chapter 663, Hawaii Revised Statutes, is amendedby adding a new section to be appropriately designated and to readas follows: 
"§663- Constructive invasion of privacy; civil cause ofaction.
(a) This section shall be known and may be cited as the"Steven Tyler Act".(b) A person is liable for a civil action of constructiveinvasion of privacy if the person captures or intends to capture,in a manner that is offensive to a reasonable person, through anymeans a visual image, sound recording, or other physical impressionof another person while that person is engaging in a personal orfamilial activity with a reasonable expectation of privacy.(c) Constructive invasion of privacy shall include an assaultor false imprisonment committed with the capture of or intent tocapture any type of visual image, sound recording, or otherphysical impression of another person.(d) A person who commits constructive invasion of privacyshall be liable for the following damages proximately caused by aviolation of this section:
(1) General damages;(2) Special damages; and(3) Punitive damages up to three times the amount of general and special damages combined.
 
2/8/13 SB465.DOCwww.capitol.hawaii.gov/session2013/bills/SB465_.htm 3/5
(e) If the constructive invasion of privacy is committed fora commercial purpose, the person shall also be subject todisgorgement to the plaintiff of any proceeds or otherconsideration obtained as a result of the violation of thissection.(f) A person who directs, solicits, induces, or causesanother person, regardless of whether there is an employer-employeerelationship, to violate this section is liable for damages to thesame extent as provided in subsection (d).(g) Any person who transmits, publishes, broadcasts, sells,offers for sale, uses any visual image, sound recording, or otherphysical impression, or who subsequently retransmits, republishes,rebroadcasts, resells, reoffers to sell, or reuses any visualimage, sound recording, or other physical impression in any form,medium, format, or work of the same visual image, sound recording,or other physical impression that was taken or captured inviolation of this section shall constitute a violation of thissection if:
(1) The person had actual knowledge that the visual image, sound recording, or other physical impressionwas taken or captured in violation of this section; and(2) The person received compensation, consideration, or remuneration, monetary or otherwise, for the rightsto the unlawfully obtained visual image, sound recording, or other physical impression.
(h) This section shall also apply to a person who is situatedwithin state marine waters, as defined in section 187A
1.5, whileengaging in constructive invasion of privacy.(i) In any action pursuant to this section, the courtadditionally may grant equitable relief, including but not limitedto an injunction and restraining order against further violation of

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