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Haw. Rev. Stat. § 702-218

Ignorance or mistake as a defense

Applied in 2 court decisions — leading case Traylor v. State (2001)

Most recently applied in State v. Ancheta (September 2005)

L 1972, c 9, pt of §1

In any prosecution for an offense, it is a defense that the accused engaged in the prohibited conduct under ignorance or mistake of fact if:

(1) The ignorance or mistake negatives the state of mind required to establish an element of the offense; or

(2) The law defining the offense or a law related thereto provides that the state of mind established by such ignorance or mistake constitutes a defense.

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