§702-207 Specified state of mind applies to all elements. When the definition of an offense specifies the state of mind sufficient for the commission of that offense, without distinguishing among the elements thereof, the specified state of mind shall apply to all elements of the offense, unless a contrary purpose plainly appears. [L 1972, c 9, pt of §1]
COMMENTARY ON §702-207
This section makes it clear that the specified state of mind requirement applies to all elements of an offense. This resolves a latent ambiguity found in many penal statutes. If, for example, a statute were to make it an offense to intentionally or knowingly break and enter the dwelling of another, it is probably clear that the specified state of mind applies to entering as well as breaking, however it should also be made clear that it applies to the attendant circumstances "dwelling of another."
The phrase "unless a contrary purpose plainly appears" is intended to allow the courts to avoid an improper result when the language of a statute fails to indicate that the specified state of mind applies to less than all elements and legislative history indicates that this was intended.
Prior Hawaii law did not recognize the principle that culpability must be proven as to each element of an offense. This stems in part from the fact that the concept of "elements of an offense" had not been fully explored. A case involving a charge of contributing to the delinquency of a minor stated by way of dictum that culpability with respect to the age of the victim did not have to be proven.1 To the extent that this section modifies the previous law, it merely rejects those few instances where absolute penal liability was imposed indirectly.
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§702-207 Commentary:
1. Territory v. Delos Santos, 42 Haw. 102 (1957).
Structure Hawaii Revised Statutes
702. General Principles of Penal Liability
702-200 Requirement of voluntary act or voluntary omission. §702-200 Commentary:
702-201 "Voluntary act" defined. §702-201 Commentary:
702-202 Voluntary act includes possession. §702-202 Commentary:
702-203 Penal liability based on an omission. §702-203 Commentary:
702-204 State of mind required. §702-204 Commentary:
702-205 Elements of an offense. §702-205 Commentary:
702-206 Definitions of states of mind. §702-206 Commentary:
702-207 Specified state of mind applies to all elements. §702-207 Commentary:
702-208 Substitutes for negligence, recklessness, and knowledge. §702-208 Commentary:
702-210 Requirement of wilfulness satisfied by acting knowingly. §702-210 Commentary:
702-211 State of mind as determinant of grade or class of a particular offense. §702-211 Commentary:
702-213 Effect of absolute liability in reducing grade of offense to violation. §702-213 Commentary:
702-214 Causal relationship between conduct and result. §702-214 Commentary:
702-216 Reckless or negligent causation; different result from that within the risk.
702-217 Causation in offenses of absolute liability. §702-217 Commentary:
702-218 Ignorance or mistake as a defense. §702-218 Commentary:
702-219 Ignorance or mistake; reduction in grade and class of the offense. §702-219 Commentary:
702-221 Liability for conduct of another. §702-221 Commentary:
702-222 Liability for conduct of another; complicity. §702-222 Commentary:
702-223 Liability for conduct of another; complicity with respect to the result.
702-224 Liability for conduct of another; exemption from complicity. §702-224 Commentary:
702-227 Penal liability of corporations and unincorporated associations. §702-227 Commentary:
702-229 Definitions relating to corporations and unincorporated associations.
702-230 Intoxication. §702-230 Commentary:
702-233 Consent; general. §702-233 Commentary:
702-234 Consent to bodily injury. §702-234 Commentary:
702-235 Ineffective consent. §702-235 Commentary: