Title 37, Hawaii Penal Code

§701-100 Title and effective date of amendments. Title 37 shall be known as the Hawaii Penal Code. Amendments made to this Code by Act 314, Session Laws of Hawaii 1986, shall become effective on January 1, 1987. [L 1972, c 9, pt of §1; am L 1986, c 314, pt of §1]

§701-101 Applicability to offenses committed before the effective date of amendments. (1) Except as provided in subsection (2), amendments made by Act 314, Session Laws of Hawaii 1986, to this Code do not apply to offenses committed before the effective date of Act 314, Session L…

§701-102 All offenses defined by statute; applicability to offenses committed after the effective date. (1) No behavior constitutes an offense unless it is a crime or violation under this Code or another statute of this State. (2) The provisions of this Code govern the constructi…

§701-103 Purposes of this Code. The purposes of this Code are to codify the general principles of the penal law and to define and codify certain specific offenses which constitute harms to basic social interests which the Code seeks to protect. [L 1972, c 9, pt of §1]

§701-104 Principles of construction. The provisions of this Code cannot be extended by analogy so as to create crimes not provided for herein; however, in order to promote justice and effect the objects of the law, all of its provisions shall be given a genuine construction, acco…

§701-105 Effect of commentary. The commentary accompanying this Code shall be published and may be used as an aid in understanding the provisions of this Code, but not as evidence of legislative intent. [L 1972, c 9, pt of §1; am L 1975, c 163, §8; am L 1986, c 314, §2]

§701-106 Territorial applicability. (1) Except as otherwise provided in this section, a person may be convicted under the law of this State of an offense committed by the person's own conduct or the conduct of another for which the person is legally accountable if: (2) Subsection…

§701-107 Grades and classes of offenses. (1) An offense defined by this Code or by any other statute of this State for which a sentence of imprisonment is authorized constitutes a crime. Crimes are of three grades: felonies, misdemeanors, and petty misdemeanors. Felonies include …

§701-108 Time limitations. (1) A prosecution for murder, murder in the first and second degrees, attempted murder, attempted murder in the first and second degrees, criminal conspiracy to commit murder in any degree, criminal solicitation to commit murder in any degree, sexual as…

§701-109 Method of prosecution when conduct establishes an element of more than one offense. (1) When the same conduct of a defendant may establish an element of more than one offense, the defendant may be prosecuted for each offense of which such conduct is an element. The defen…

§701-110 When prosecution is barred by former prosecution for the same offense. When a prosecution is for an offense under the same statutory provision and is based on the same facts as a former prosecution, it is barred by the former prosecution under any of the following circum…

§701-111 When prosecution is barred by former prosecution for a different offense. Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution under any of the following circumstances:

§701-112 Former prosecution in another jurisdiction: when a bar. When behavior constitutes an offense within the concurrent jurisdiction of this State and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in t…

§701-113 Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. A prosecution is not a bar within the meaning of sections 701-110, 701-111, and 701-112 under any of the following circumstances:

§701-114 Proof beyond a reasonable doubt. (1) Except as otherwise provided in section 701-115, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt: (2) In the absence of the proof required by subsection (1), the innocence of the defe…

§701-115 Defenses. (1) A defense is a fact or set of facts which negatives penal liability. (2) No defense may be considered by the trier of fact unless evidence of the specified fact or facts has been presented. If such evidence is presented, then: (3) A defense is an affirmativ…

§701-116 Proving applicability of the Code. When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:

§701-117 Prima facie evidence. Prima facie evidence of a fact is evidence which, if accepted in its entirety by the trier of fact, is sufficient to prove the fact. Prima facie evidence provisions in this Code are governed by section 626-1, rule 306. [L 1972, c 9, pt of §1; am L 1…

§701-118 General definitions. In this Code, unless a different meaning plainly is required: "Act" or "action" means a bodily movement whether voluntary or involuntary. "Acted" includes, where relevant, "omitted to act". "Actor" includes, a person who acts, or, where relevant, a p…

§702-200 Requirement of voluntary act or voluntary omission. (1) In any prosecution it is a defense that the conduct alleged does not include a voluntary act or the voluntary omission to perform an act of which the defendant is physically capable. (2) Where the defense provided i…

§702-201 "Voluntary act" defined. "Voluntary act" means a bodily movement performed consciously or habitually as the result of the effort or determination of the defendant. [L 1972, c 9, pt of §1]

§702-202 Voluntary act includes possession. Possession is a voluntary act if the defendant knowingly procured or received the thing possessed or if the defendant was aware of the defendant's control of it for a sufficient period to have been able to terminate the defendant's poss…

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

§702-204 State of mind required. Except as provided in section 702-212, a person is not guilty of an offense unless the person acted intentionally, knowingly, recklessly, or negligently, as the law specifies, with respect to each element of the offense. When the state of mind req…

§702-205 Elements of an offense. The elements of an offense are such (1) conduct, (2) attendant circumstances, and (3) results of conduct, as:

§702-206 Definitions of states of mind. (1) "Intentionally." (2) "Knowingly." (3) "Recklessly." (4) "Negligently."

§702-207 Specified state of mind applies to all elements. When the definition of an offense specifies the state of mind sufficient for the commission of that offense, without distinguishing among the elements thereof, the specified state of mind shall apply to all elements of the…

§702-208 Substitutes for negligence, recklessness, and knowledge. When the law provides that negligence is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally, knowingly, or recklessly. When the …

§702-209 Conditional intent. When a particular intent is necessary to establish an element of an offense, it is immaterial that such intent was conditional unless the condition negatives the harm or evil sought to be prevented by the law prohibiting the offense. [L 1972, c 9, pt …

§702-210 Requirement of wilfulness satisfied by acting knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the elements of the offense, unless a purpose to impose further requirements appears. [L 1972, c 9, pt of …

§702-211 State of mind as determinant of grade or class of a particular offense. When the grade or class of a particular offense depends on whether it is committed intentionally, knowingly, recklessly, or negligently, its grade or class shall be the lowest for which the determina…

§702-212 When state of mind requirements are inapplicable to violations and to crimes defined by statutes other than this Code. The state of mind requirements prescribed by sections 702-204 and 702-207 through 702-211 do not apply to:

§702-213 Effect of absolute liability in reducing grade of offense to violation. Notwithstanding any other provisions of existing law and unless a subsequent statute otherwise provides:

§702-214 Causal relationship between conduct and result. Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred. [L 1972, c 9, pt of §1]

§702-215 Intentional or knowing causation; different result from that intended or contemplated. In the following instances intentionally or knowingly causing a particular result shall be deemed to be established even though the actual result caused by the defendant may not have b…

§702-216 Reckless or negligent causation; different result from that within the risk. In the following instances, recklessly or negligently causing a particular result shall be deemed to be established even though the actual result caused by the defendant may not have been within…

§702-217 Causation in offenses of absolute liability. When causing a particular result is an element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the defendant's conduct. [L 1972…

§702-218 Ignorance or mistake as a defense. In any prosecution for an offense, it is a defense that the accused engaged in the prohibited conduct under ignorance or mistake of fact if:

§702-219 Ignorance or mistake; reduction in grade and class of the offense. Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as the defend…

§702-220 Ignorance or mistake of law; belief that conduct not legally prohibited. In any prosecution, it shall be an affirmative defense that the defendant engaged in the conduct or caused the result alleged under the belief that the conduct or result was not legally prohibited w…

§702-221 Liability for conduct of another. (1) A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both. (2) A person is legally accountable for the conduct of another person when:

§702-222 Liability for conduct of another; complicity. A person is an accomplice of another person in the commission of an offense if:

§702-223 Liability for conduct of another; complicity with respect to the result. When causing a particular result is an element of an offense, an accomplice in the conduct causing the result is an accomplice in the commission of that offense, if the accomplice acts, with respect…

§702-224 Liability for conduct of another; exemption from complicity. Unless otherwise provided by this Code or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:

§702-225 Liability for conduct of another; incapacity of defendant; failure to prosecute or convict or immunity of other person. In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:

§702-226 Liability for conduct of another; multiple convictions; different degrees. When, pursuant to any section from section 702-221 through section 702-223, two or more persons are liable for an offense which is divided into degrees, each person is guilty of the degree of the …

§702-227 Penal liability of corporations and unincorporated associations. A corporation or unincorporated association is guilty of an offense when:

§702-228 Liability of persons acting, or under a duty to act, in behalf of corporations or unincorporated associations. (1) A person is legally accountable for any conduct the person performs or causes to be performed in the name of a corporation or an unincorporated association …

§702-229 Definitions relating to corporations and unincorporated associations. As used in sections 702-227 and 702-228: "Agent" means any director, officer, servant, employee or other person authorized to act in behalf of the corporation or association and, in the case of an unin…

§702-230 Intoxication; self-induced; not self-induced; pathological; affirmative defense. [Repeal and reenactment on July 1, 2034. L 2024, c 243, §4.] (1) Self-induced intoxication is prohibited as a defense to any offense, except as specifically provided in this section. (2) Evi…