§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] COMMENTARY ON §701-100 […]
§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 Laws of Hawaii 1986. Prosecutions for offenses committed before the […]
§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 construction of and punishment for any offense set forth herein committed […]
§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] COMMENTARY ON §701-103 This section states the […]
§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, according to the fair import of the words, taken […]
§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] COMMENTARY ON §701-105 […]
§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: (a) Either the conduct or the result which is an element […]
§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 murder in the first and second degrees, attempted murder in the […]
§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 assault in the first and second degrees, sex trafficking, and continuous sexual assault […]
§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 defendant may not, however, be convicted of more […]
§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 circumstances: (1) The former prosecution resulted in an […]
§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: (1) The former prosecution resulted in an acquittal which has not subsequently […]
§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 this State under any of the following circumstances: (1) The first […]
§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: (1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense. (2) The former […]
§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: (a) Each element of the offense; (b) The state of mind required to establish each element of the offense; (c) Facts establishing jurisdiction; (d) […]
§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: (a) If the defense is not an affirmative defense, the defendant […]
§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: (1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding […]
§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 1986, c 314, […]
§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 person guilty of omission. “Another” means any other person and includes, where relevant, the […]
§701-119 REPEALED. L 1988, c 260, § §4, 7; L 1996, c 104, §6. Cross References Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense, see §710-1001. Forfeiture of property used in illegal gambling, see §712-1230. Hawaii omnibus criminal forfeiture act, see chapter 712A.
