§702-211 State of mind as determinant of grade or class of a particular offense. When the grade or class of a particular offense depends on whether it is committed intentionally, knowingly, recklessly, or negligently, its grade or class shall be the lowest for which the determinative state of mind is established with respect to any element of the offense. [L 1972, c 9, pt of §1]
COMMENTARY ON §702-211
In many statutes the grade (felony, misdemeanor, or violation) or class (e.g., class A or class B felony) of an offense turns on whether the defendant acted intentionally, knowingly, recklessly, or negligently. Since a defendant may have differing states of mind with respect to the defendant's conduct, circumstances attendant thereto, and the result of the defendant's conduct, the Code makes it clear that, in those cases where distinctions are drawn on the basis of the defendant's state of mind, the conviction ought to be the lowest for which the determinative state of mind is established with respect to any element of the offense. As it has been put, "it is the lowest common denominator that indicates the quality of the defendant's conduct."1
The law of homicide provides a ready illustration of the application of the above principle. Intentional killing is usually treated as crime of higher class than reckless killing. If a defendant intentionally killed another, recklessly mistaken that the other's conduct threatened the defendant with serious bodily harm or death, the homicide ought to be viewed as reckless killing because that is all that is established with respect to attendant circumstances negativing the defense of self defense.
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§702-211 Commentary:
1. M.P.C., Tentative Draft No. 4, comments at 131 (1955).
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: