Haw. Rev. Stat. § 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]

COMMENTARY ON §702-203

Penal liability based on an omission unaccompanied by action is fraught with dangers unless it is limited, as this section does, to those failures to perform a duty imposed by law--civil or penal. A voluntary omission under such circumstances will not alone suffice to establish penal liability, other elements will have to be identified and established according to the definition of, and other laws relating to, the offense charged.