Penal liability based on an omission

HRS §702-203, under General Principles Of Penal Liability.

HRS §702-203

§702-203 Penal liability based on an omission. Penal liability may not be based on an omission unaccompanied by action unless:

(1) The omission is expressly made a sufficient basis for penal liability by the law defining the offense; or

(2) A duty to perform the omitted act is otherwise imposed by law. [L 1972, c 9, pt of §1]