HRS §702-226
Each person's guilt level depends on their own intent
When two or more people are responsible for a crime that has different levels of seriousness, each person is guilty only at the level that matches their own intent and their own role in any factor that makes the crime more serious. This section makes sure each person is judged on their own actions and thoughts.
everyone
The statute, as written — Liability for conduct of another; multiple convictions; different degrees
When, pursuant to any section from section 702-221 through section 702-223, two or more persons are liable for an offense which is divided into degrees, each person is guilty of the degree of the offense which is consistent with the person's own state of mind and with the person's own accountability for an aggravating fact or circumstance. [L 1972, c 9, pt of §1; gen ch 1993] COMMENTARY ON §702-226 This section provides that when, by reason of accountability for conduct, two or more defendants are liable for the same offense, which is divided into degrees, each defendant shall be convicted of the degree which is consistent with the defendant's own state of mind or mental culpability and the defendant's own accountability for aggravating facts and circumstances. This section is a sorely-needed correction of Hawaii law which has been interpreted to require, in the case of an accomplice, not only that the defendant stand in the same shoes as the person for whose conduct the defendant is accountable, but that the defendant be held to think the same thoughts.[1] __________ §702-226 Commentary: 1. See State v. Shon, 47 Haw. 158, 385 P.2d 830 (1963), interpreting §252-4 R.L.H. (1955), subsequently H.R.S. §704-4.
Sections this one refers to
§702-221 When you can be blamed for someone else's actions
§702-223 When helping someone commit a crime makes you guilty of the result
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