Haw. Rev. Stat. § 702-208: Substitutes for negligence, recklessness, and knowledge.
Where this section sits in the code
- HI Code
- Division 5
- Title 37
- Chapter 702
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.
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).
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