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Haw. Rev. Stat. § 702-225

Liability for conduct of another; incapacity of defendant; failure to prosecute or convict or immunity of other person

Applied in 2 court decisions — leading case Standefer v. United States (1980)

Most recently applied in 166 W. Va. 153 - State v. Petry (December 1980)

L 1972, c 9, pt of §1; gen ch 1993

In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:

(1) The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to such class, is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity;

(2) The other person has not been prosecuted for or convicted of any offense, or has been convicted of a different offense or degree of offense, based upon the conduct in question; or

(3) The other person has a legal immunity from prosecution based upon the conduct in question.

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