Hawaii
Hawaii Revised Statutes — Title 37, Hawaii Penal Code (Ch. 701–728)
431 sections, each with the official text and a plain-English explanation of what it means for you.
- § 134-1 — and 134-51.
- § 580-17 — and 586-13
- § 701-100 — Title and effective date of amendments
- § 701-101 — Applicability to offenses committed before the effective date of amendments
- § 701-102 — All offenses defined by statute; applicability to offenses committed after the effective date
- § 701-103 — Purposes of this Code
- § 701-104 — Principles of construction
- § 701-105 — Effect of commentary
- § 701-106 — Territorial applicability
- § 701-107 — Grades and classes of offenses
- § 701-108 — Time limitations
- § 701-109 — Method of prosecution when conduct establishes an element of more than one offense
- § 701-110 — When prosecution is barred by former prosecution for the same offense
- § 701-111 — When prosecution is barred by former prosecution for a different offense
- § 701-112 — Former prosecution in another jurisdiction: when a bar
- § 701-113 — Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant
- § 701-114 — Proof beyond a reasonable doubt
- § 701-115 — Defenses
- § 701-116 — Proving applicability of the Code
- § 701-117 — Prima facie evidence
- § 701-118 — General definitions
- § 701-119 — REPEALED
- § 702-200 — Requirement of voluntary act or voluntary omission
- § 702-201 — "Voluntary act" defined
- § 702-202 — Voluntary act includes possession
- § 702-203 — Penal liability based on an omission
- § 702-204 — State of mind required
- § 702-205 — Elements of an offense
- § 702-206 — Definitions of states of mind
- § 702-207 — Specified state of mind applies to all elements
- § 702-208 — Substitutes for negligence, recklessness, and knowledge
- § 702-209 — Conditional intent
- § 702-210 — Requirement of wilfulness satisfied by acting knowingly
- § 702-211 — State of mind as determinant of grade or class of a particular offense
- § 702-212 — When state of mind requirements are inapplicable to violations and to crimes defined by statutes other than this Code
- § 702-213 — Effect of absolute liability in reducing grade of offense to violation
- § 702-214 — Causal relationship between conduct and result
- § 702-215 — Intentional or knowing causation; different result from that intended or contemplated
- § 702-216 — Reckless or negligent causation; different result from that within the risk
- § 702-217 — Causation in offenses of absolute liability
- § 702-218 — Ignorance or mistake as a defense
- § 702-219 — Ignorance or mistake; reduction in grade and class of the offense
- § 702-220 — Ignorance or mistake of law; belief that conduct not legally prohibited
- § 702-221 — Liability for conduct of another
- § 702-222 — Liability for conduct of another; complicity
- § 702-223 — Liability for conduct of another; complicity with respect to the result
- § 702-224 — Liability for conduct of another; exemption from complicity
- § 702-225 — Liability for conduct of another; incapacity of defendant; failure to prosecute or convict or immunity of other person
- § 702-226 — Liability for conduct of another; multiple convictions; different degrees
- § 702-227 — Penal liability of corporations and unincorporated associations
- § 702-228 — Liability of persons acting, or under a duty to act, in behalf of corporations or unincorporated associations
- § 702-229 — Definitions relating to corporations and unincorporated associations
- § 702-230 — Intoxication; self-induced; not self-induced; pathological; affirmative defense
- § 702-231 — Duress
- § 702-232 — Military orders
- § 702-233 — Consent; general
- § 702-234 — Consent to bodily injury
- § 702-235 — Ineffective consent
- § 702-236 — De minimis infractions
- § 702-237 — Entrapment
- § 703-300 — Definitions relating to justification
- § 703-301 — Justification a defense; civil remedies unaffected
- § 703-302 — Choice of evils
- § 703-303 — Execution of public duty
- § 703-304 — Use of force in self-protection
- § 703-305 — Use of force for the protection of other persons
- § 703-306 — Use of force for the protection of property
- § 703-307 — Use of force in law enforcement
- § 703-308 — Use of force to prevent suicide or the commission of a crime
- § 703-309 — Use of force by persons with special responsibility for care, discipline, or safety of others
- § 703-310 — Provisions generally applicable to justification
- § 704-400 — Physical or mental disease, disorder, or defect excluding penal responsibility
- § 704-401 — Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind
- § 704-402 — Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made
- § 704-403 — Physical or mental disease, disorder, or defect excluding fitness to proceed
- § 704-404 — Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed
- § 704-405 — Determination of fitness to proceed
- § 704-406 — Effect of finding of unfitness to proceed and regained fitness to proceed
- § 704-407 — Special hearing following commitment or release on conditions
- § 704-408 — Determination of irresponsibility
- § 704-409 — Access to defendant by examiners of defendant's choice
- § 704-410 — Form of expert testimony regarding physical or mental disease, disorder, or defect
- § 704-411 — Legal effect of acquittal on the ground of physical or mental disease, disorder, or defect excluding responsibility; commitment; conditional release; discharge; procedure for separate post-acquittal hearing
- § 704-412 — Committed person; application for conditional release or discharge; by the director of health; by the person
- § 704-413 — Conditional release; application for modification or discharge; termination of conditional release and commitment
- § 704-414 — Procedure upon application for discharge, conditional release, or modification of conditions of release
- § 704-415 — Disposition of application for discharge, conditional release, or modification of conditions of release
- § 704-416 — Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition
- § 704-417 — Use of out-of-state institutions
- § 704-418 — Immaturity excluding penal conviction; transfer of proceedings to family court
- § 704-419 — REPEALED
- § 704-420 — Act 231, Session Laws 2016, added this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No
- § 704-421 — Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program
- § 705-500 — Criminal attempt
- § 705-501 — Criminal attempt; attempting to aid another
- § 705-502 — Grading of criminal attempt
- § 705-510 — Criminal solicitation
- § 705-511 — Immunity, irresponsibility, or incapacity of a party to criminal solicitation
- § 705-512 — Grading of criminal solicitation
- § 705-520 — Criminal conspiracy
- § 705-521 — Scope of conspiratorial relationship
- § 705-522 — Conspiracy with multiple criminal objectives
- § 705-523 — Immunity, irresponsibility, or incapacity of a party to criminal conspiracy
- § 705-524 — Venue in criminal conspiracy prosecutions
- § 705-525 — Duration of conspiracy
- § 705-526 — Grading of criminal conspiracy
- § 705-530 — Renunciation of attempt, solicitation, or conspiracy; affirmative defense
- § 705-531 — Multiple convictions
- § 706-600 — Sentence in accordance with this chapter; other applicable law
- § 706-601 — Pre-sentence diagnosis and report
- § 706-602 — Pre-sentence diagnosis, notice to victims, and report
- § 706-603 — DNA analysis monetary assessment; DNA registry special fund
- § 706-604 — Opportunity to be heard with respect to sentence; notice of pre-sentence report; opportunity to controvert or supplement; transmission of report to department
- § 706-605 — Authorized disposition of convicted defendants
- § 706-606 — Factors to be considered in imposing a sentence
- § 706-607 — Civil commitment in lieu of prosecution or of sentence
- § 706-608 — Penalties against corporations and unincorporated associations; forfeiture of corporate charter or revocation of certificate authorizing foreign corporation to do business in the State
- § 706-609 — Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence
- § 706-610 — Classes of felonies
- § 706-620 — Authority to withhold sentence of imprisonment
- § 706-621 — Factors to be considered in imposing a term of probation
- § 706-622 — Requirement of probation; exception
- § 706-623 — Terms of probation
- § 706-624 — Conditions of probation
- § 706-625 — Revocation, modification of probation conditions
- § 706-626 — Summons or arrest of defendant on probation; commitment without bail
- § 706-627 — Tolling of probation
- § 706-628 — REPEALED
- § 706-629 — Calculation of multiple dispositions involving probation and imprisonment, or multiple terms of probation
- § 706-630 — Discharge of defendant
- § 706-631 — Probation is a final judgment for other purposes
- § 706-640 — Authorized fines
- § 706-641 — Criteria for imposing fines
- § 706-642 — Time and method of payment
- § 706-643 — Disposition of funds
- § 706-644 — Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection
- § 706-645 — Revocation of fine or restitution
- § 706-646 — Victim restitution
- § 706-647 — Civil enforcement
- § 706-648 — Probation services fee
- § 706-649 — REPEALED
- § 706-650 — Drug demand reduction assessments; special fund
- § 706-651 — Act 231, Session Laws 2016, added this section, which establishes the priority for payments that a defendant is ordered to make, including restitution, crime victims compensation fee, probation services fee, human trafficking victims services fees, DNA analysis monetary assessment, and fines
- § 706-656 — Terms of imprisonment for first and second degree murder and attempted first and second degree murder
- § 706-657 — Enhanced sentence for second degree murder
- § 706-659 — Sentence of imprisonment for class A felony
- § 706-660 — Sentence of imprisonment for class B and C felonies; ordinary terms; discretionary terms
- § 706-661 — Extended terms of imprisonment
- § 706-662 — Criteria for extended terms of imprisonment
- § 706-663 — Sentence of imprisonment for misdemeanor and petty misdemeanor
- § 706-664 — Procedure for imposing extended terms of imprisonment
- § 706-665 — Former conviction in another jurisdiction
- § 706-666 — Definition of proof of conviction
- § 706-667 — Young adult defendants
- § 706-668 — REPEALED
- § 706-669 — Procedure for determining minimum term of imprisonment
- § 706-670 — Parole procedure; release on parole; terms of parole, recommitment, and reparole; final unconditional release
- § 706-671 — Credit for time of detention prior to sentence; credit for imprisonment under earlier sentence for same crime
- § 706-672 — Place of imprisonment
- § 706-673 — Notice of escape
- § 706-674 — Act 152, Session Laws 2025, added this section to prohibit sentencing defendants who were under the age of twenty-one at the time of the offense to life imprisonment without the possibility of parole
- § 707-700 — Definitions of terms in this chapter
- § 707-701 — Murder in the first degree
- § 707-702 — Manslaughter
- § 707-703 — Negligent homicide in the second degree
- § 707-704 — Negligent homicide in the third degree
- § 707-705 — Negligent injury in the first degree
- § 707-706 — Negligent injury in the second degree
- § 707-710 — Assault in the first degree
- § 707-711 — Assault in the second degree
- § 707-712 — Assault in the third degree
- § 707-713 — Reckless endangering in the first degree
- § 707-714 — Reckless endangering in the second degree
- § 707-715 — Terroristic threatening, defined
- § 707-716 — AND 707-717 Act 184, Session Laws 1979, upgraded the offense of terroristic threatening from a misdemeanor to a class C felony in four aggravated situations
- § 707-718 — Act 147, Session Laws 2025, added this section to establish the offense of torture as a class A felony in the State
- § 707-720 — Kidnapping
- § 707-721 — Unlawful imprisonment in the first degree
- § 707-722 — Unlawful imprisonment in the second degree
- § 707-723 — REPEALED
- § 707-726 — Custodial interference in the first degree
- § 707-727 — Custodial interference in the second degree
- § 707-730 — to 707-738 [OLD] REPEALED
- § 707-731 — Sexual assault in the second degree
- § 707-732 — Sexual assault in the third degree
- § 707-733 — Sexual assault in the fourth degree
- § 707-734 — Indecent exposure
- § 707-741 — Incest
- § 707-750 — Promoting child abuse in the first degree
- § 707-751 — Promoting child abuse in the second degree
- § 707-752 — AND 707-753 Act 200, Session Laws 2002, added these sections to add the offense of third degree promoting child abuse that prohibits the knowing possession of child pornography and to provide an affirmative defense to [promoting] child abuse that includes cooperation with law enforcement or destruct
- § 707-756 — Electronic enticement of a child in the first degree
- § 707-757 — Electronic enticement of a child in the second degree
- § 707-758 — REPEALED
- § 707-759 — Act 80, Session Laws 2008, added this section, establishing a new offense to address a specific form of grooming conduct by child predators involving masturbation or the lewd or lascivious exposure of the predator's genitals over the computer for view by a minor
- § 707-760 — Definitions
- § 707-761 — Extortionate extension of credit; prima facie evidence
- § 707-763 — Collection of extensions of credit by extortionate means