HRS §702-208
When a stronger mental state can replace a weaker one
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
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).
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