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Haw. Rev. Stat. § 702-200

Requirement of voluntary act or voluntary omission

Applied in 1 court decision — leading case 3 Haw. App. 472 - State v. Johnson (1982)

Most recently applied in 3 Haw. App. 472 - State v. Johnson (November 1982)

L 1972, c 9, pt of §1; am L 1986, c 325, §1

(1) In any prosecution it is a defense that the conduct alleged does not include a voluntary act or the voluntary omission to perform an act of which the defendant is physically capable.

(2) Where the defense provided in subsection (1) is based on a physical or mental disease, disorder, or defect which precludes or impairs a voluntary act or a voluntary omission, the defense shall be treated exclusively according to chapter 704, except that a defense based on intoxication which is pathological or not self-induced which precludes or impairs a voluntary act or a voluntary omission shall be treated exclusively according to this chapter.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.