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HRS §702-213

When absolute liability makes a crime a minor violation

Read the official text at capitol.hawaii.gov ↗

This section explains that if a law outside this code makes someone liable without needing to prove intent, and they are convicted, the offense is treated as a minor violation. But if the prosecution can prove the person acted negligently, the offense can be charged as a more serious crime with normal penalties.

everyone

The statute, as written — Effect of absolute liability in reducing grade of offense to violation

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.

Notwithstanding any other provisions of existing law and unless a subsequent statute otherwise provides: (1) When absolute liability is imposed with respect to any element of an offense defined by a statute other than this Code and a conviction is based upon such liability, the offense constitutes a violation except as provided in section 702-212(2); and (2) Although absolute liability is imposed by law with respect to one or more of the elements of an offense defined by a statute other than this Code, the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes a sufficient state of mind and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by section 701-107 and chapter 706.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§701-107 How crimes are graded and classified

§702-212 When the law does not require a guilty mind

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.