HRS §702-208
When a stronger mental state can replace a weaker one
Read the official text at capitol.hawaii.gov ↗This section says that if a law only requires a lesser mental state like negligence or recklessness, a person can still be guilty if they acted with a stronger one, like intent or knowledge. It does not create new crimes or penalties.
everyone
The statute, as written — Substitutes for negligence, recklessness, and knowledge
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.
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. [L 1972, c 9, pt of §1] 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. __________ §702-208 Commentary: 1. M.P.C., Tentative Draft No. 4, comments at 129 (1955).
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.