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Hawaii · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Haw. Rev. Stat. § 702-208: Substitutes for negligence, recklessness, and knowledge.

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Where this section sits in the code
  1. HI Code
  2. Division 5
  3. Title 37
  4. 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).

Collected 2026-09-14T18:32:11Z. Source file · JSON

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