Haw. Rev. Stat. § 702-208

Current through the 2024 Legislative Session
Section 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 law provides that recklessness is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally or knowingly. When the law provides that acting knowingly is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally.

HRS § 702-208

L 1972, c 9, pt of §1

COMMENTARY ON § 702-208

Since intent, knowledge, recklessness, and negligence are in a descending order of culpability, this section establishes that "it is only necessary to articulate the minimal basis of liability for the more serious bases to be implied."[1] The proposition is essentially axiomatic.

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§ 702-208 Commentary:

1. M.P.C., Tentative Draft No. 4, comments at 129 (1955).