HRS §702-200
Voluntary act or omission required for a crime
Read the official text at capitol.hawaii.gov ↗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
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
(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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.