AI Frontier Institute

Relating To Identity Theft.

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Hawaii S.B. 2304 (33rd Legislature, 2026) amends the state's identity theft statutes to explicitly cover AI-enabled fraud. Section 1 adds two new definitions to Section 708-800, Hawaii Revised Statutes: 'artificial intelligence' (a machine-based system making predictions, recommendations, or decisions using machine and human inputs) and 'materially deceptive media' (video, image, or audio created by generative adversarial networks, AI, or digital technology that falsely depicts an individual engaging in speech or conduct they did not actually perform). Sections 2, 3, and 4 amend Sections 708-839.6, 708-839.7, and 708-839.8, respectively, to add 'fraudulent impersonation or false depiction through artificial intelligence or materially deceptive media' as covered methods of transmitting another person's personal information across all three degrees of identity theft. Section 2 also clarifies that first-degree identity theft includes gaining access to confidential information or accounts to commit first-degree theft. The bill does not affect rights, duties, or proceedings that arose before its effective date (Section 5), and takes effect upon approval (Section 7).

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