Hawaii
| CITATION | Haw. Rev. Stat. § 803-42 |
| SUMMARY | Any wire, oral or electronic communication (including cellular phone calls) can lawfully be recorded by a person who is a party to the communication, or when one of the parties has consented to the recording, so long as no criminal or tortuous / wrongful purpose exists. Haw. Rev. Stat. § 803-42. Divulging any private message or photographic image by telephone, telegraph, letter, electronic transmission, without the consent of either the sender or the receiver, is a misdemeanor if the accused knows that the message was unlawfully intercepted. Unlawful interceptions or disclosures of private communications are punishable as felonies. Haw. Rev. Stat. § 803-42. |
| CONSENT REQUIRED | 1 party to communication. |
| PENALTIES | Violation is a Class C Felony, which can include a fine of up to ten thousand dollars ($10,000) and jail of up to 5 years. |
