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HRS §703-310

When a mistaken or careless use of force is not excused

This section says that if you use force believing it is justified, but you are careless or reckless in that belief, you cannot use the self-defense or defense-of-others excuse. Also, if you are justified in using force but carelessly hurt an innocent person, you can be held responsible for that carelessness.

everyone

The statute, as written — Provisions generally applicable to justification

(1) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under sections 703-303 to 703-309 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the actor's use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability. (2) When the actor is justified under sections 703-303 to 703-309 in using force upon or toward the person of another but the actor recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence toward innocent persons.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§703-303 When following the law or a court order is allowed

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