HRS §705-511
When you cannot be charged for asking someone to commit a crime
This section explains when a person is not responsible for asking someone else to commit a crime. You are not responsible if you would not be legally accountable for the other person's actions. But it is not a defense that the other person could not commit the crime, or that you could not commit it yourself.
everyone
The statute, as written — Immunity, irresponsibility, or incapacity of a party to criminal solicitation
(1) A person shall not be liable under section 705-510 for criminal solicitation of another if under sections 702-224(1) and (2) and 702-225(1) he would not be legally accountable for the conduct of the other person. (2) It is not a defense to a prosecution under section 705-510 that the person solicited could not be guilty of committing the crime because: (a) He is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited; (b) He is penally irresponsible or has an immunity to prosecution or conviction for the commission of the crime; (c) He is unaware of the criminal nature of the conduct in question or of the defendant's criminal intent; or (d) He does not have the state of mind sufficient for the commission of the offense in question. (3) It is not a defense to a prosecution under section 705-510 that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited.
Sections this one refers to
§702-224 When you are not considered an accomplice to a crime
§705-510 Asking someone to commit a crime
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.