HRS § 708-835.6
§ 708-835.6. Telemarketing fraud
(1)
A person commits the offense of telemarketing fraud if, with intent to defraud or misrepresent, that
person obtains or attempts to obtain the transfer of possession, control, or ownership of the property of
another through communications conducted at least in part by telephone and involving direct or implied claims
that the person contacted:
(a)
Will or is about to receive anything of value; or
(b)
May be able to recover any losses suffered by the person contacted in connection with a prize
promotion.
(2)
Telemarketing fraud is a class B felony. In addition, any property used or intended for use in the
commission of, attempt to commit, or conspiracy to commit telemarketing fraud, or that facilitated or assisted
this activity, shall be forfeited subject to chapter 712A.
(3)
For purposes of this section, "telemarketing" means a plan, program, or campaign, including a prize
promotion or investment opportunity, that:
(a)
Is conducted to include the purchase of goods or services or to solicit funds or contributions by use
of one or more telephones; and
(b)
Involves more than one telephone call.
CHAPTER 711. OFFENSES AGAINST PUBLIC ORDER
§ 711-1111. Violation of privacy in the second degree.
(1) A person commits the offense of violation of privacy in the second degree if, except in the execution of a
public duty or as authorized by law, the person intentionally:
(a) Trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveillance in a
private place;
(b) Installs or uses, or both, in any private place, without consent of the person or persons entitled to
privacy therein, any device for observing, recording, amplifying, or broadcasting sounds or events in that
place other than another person in a stage of undress or sexual activity;
(c)
Installs or uses outside a private place any device for hearing, recording, amplifying, or broadcasting
sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the
consent of the person or persons entitled to privacy therein;
(d)
Covertly records or broadcasts an image of another person's intimate area underneath clothing, by use
of any device, and that image is taken while that person is in a public place and without that person's
consent;
(e)
Intercepts, without the consent of the sender or receiver, a message or photographic image by
telephone, telegraph, letter, electronic transmission, or other means of communicating privately; but this
paragraph does not apply to:
(i)
Overhearing of messages through a regularly installed instrument on a telephone party line or an
extension; or
(ii)
Interception by the telephone company, electronic mail account provider, or telephone or electronic
mail subscriber incident to enforcement of regulations limiting use of the facilities or incident to other
operation and use;
(f)
Divulges without the consent of the sender or the receiver the existence or contents of any message or
photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating
privately, if the accused knows that the message or photographic image was unlawfully intercepted or if the
accused learned of the message or photographic image in the course of employment with an agency engaged in
transmitting it; or
(g)
Knowingly possesses materials created under circumstances prohibited in section 711-1110.9.
(2) This section shall not apply to any dissemination, distribution, or transfer of images subject to this
section by an electronic communication service provider or remote storage service in the ordinary course of
its business. For the purpose of this subsection:
"Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectronic, or
photo-optical system.
"Electronic communication service provider" means any person engaged in the offering or sale of electronic
communication services to the public.
"Remote storage service" means the provision to the public of computer storage or processing services by
means of an electronic communication system.
"Electronic communication system" means any wire, radio, electromagnetic, photo-optical, or photoelectronic
facilities for the transmission of wire or electronic communications, and any computer facilities or related
electronic equipment for the electronic storage of such communications, including e-mail, web hosting,
multimedia messaging services, and remote storage services offered by an electronic communication service
provider.
(3) For the purposes of this section:
"Intimate areas" means any portion of a person's underwear, pubic area, anus, buttocks, vulva, genitals, or
female breast.
"Intimate areas underneath clothing" does not include intimate areas visible through a person's clothing or
intimate areas exposed in public.
"Public place" means an area generally open to the public, regardless of whether it is privately owned, and
includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
buses, tunnels, buildings, stores, and restaurants.
(4)
Violation of privacy in the second degree is a misdemeanor. In addition to any penalties the court may
impose, the court may order the destruction of any recording made in violation of this section.
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