Haw. Rev. Stat. § 704-400

Physical or mental disease, disorder, or defect excluding penal responsibility

Applied in 4 court decisions — leading case State v. Johnson (1979)

Most recently applied in 140 S. Ct. 1021 - Kahler v. Kansas (March 2020)

L 1972, c 9, pt of §1; gen ch 1993

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person is not responsible, under this Code, for conduct if at the time of the conduct as a result of physical or mental disease, disorder, or defect the person lacks substantial capacity either to appreciate the wrongfulness of the person's conduct or to conform the person's conduct to the requirements of law.

(2) As used in this chapter, the terms "physical or mental disease, disorder, or defect" do not include an abnormality manifested only by repeated penal or otherwise anti-social conduct.

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