HRS §702-200
Voluntary act or omission required for a crime
You can defend against a criminal charge by showing your actions were not voluntary, or that you did not voluntarily fail to do something you were physically able to do. If the reason is a mental or physical condition, different rules apply.
everyone
The statute, as written — Requirement of voluntary act or voluntary omission
(1) In any prosecution it is a defense that the conduct alleged does not include a voluntary act or the voluntary omission to perform an act of which the defendant is physically capable. (2) Where the defense provided in subsection (1) is based on a physical or mental disease, disorder, or defect which precludes or impairs a voluntary act or a voluntary omission, the defense shall be treated exclusively according to chapter 704, except that a defense based on intoxication which is pathological or not self-induced which precludes or impairs a voluntary act or a voluntary omission shall be treated exclusively according to this chapter.
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