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HRS §702-213

When absolute liability makes a crime a minor violation

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

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.