Penal liability based on an omission
Applied in 1 court decision — leading case State v. Bermisa (2004)
Most recently applied in State v. Bermisa (May 2004)
L 1972, c 9, pt of §1
Penal liability may not be based on an omission unaccompanied by action unless:
(1) The omission is expressly made a sufficient basis for penal liability by the law defining the offense; or
(2) A duty to perform the omitted act is otherwise imposed by law.
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.