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

Haw. Rev. Stat. § 709-901: Concealing the corpse of an infant.

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Where this section sits in the code
  1. HI Code
  2. Division 5
  3. Title 37
  4. Chapter 709

(1) A person commits the offense of concealing the corpse of an infant if the person conceals the corpse of a new-born child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.

(2) Concealing the corpse of an infant is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]

COMMENTARY ON §709-901

Concealing an infant corpse makes impossible the determination of whether or not criminal conduct was involved in the failure of the fetus to be born alive or in the failure of the infant to continue to live. When an infant corpse is found after it has been hidden, the decomposition of the corpse makes it impossible to determine beyond a reasonable doubt: (1) whether the fetus had been born alive before it met its death (in which case the fetus would be a "person" as that term is defined in chapter 707, which covers in part, crimes involving homicide); (2) whether, if born alive, the death resulted from murder, manslaughter, negligent homicide, or other causes; and (3) whether, if not born alive, the pregnancy was terminated by an illegal abortion. Therefore it is advisable to have a residual section making it an offense to conceal the corpse of a new-born child.

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

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