Hawaii Revised Statutes
702. General Principles of Penal Liability
702-214 Causal relationship between conduct and result. §702-214 Commentary:

§702-214 Causal relationship between conduct and result. Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred. [L 1972, c 9, pt of §1]
COMMENTARY ON §702-214
This section and the following three sections deal with the problem of causation, which is of critical importance in those offenses in which a particular result of conduct is an element. The difficulty of the problem of causation does not lie in making a determination of actual causation, but rather in setting the appropriate standard for determining those instances in which the defendant will not be held liable for the result of the defendant's conduct because the defendant did not intend or contemplate the result or was unaware of the risk that it would obtain. The law has in some cases, under the inarticulate phrase "proximate cause," divorced the result of the defendant's conduct from the conduct because the defendant's state of mind with respect to the result would not allow the just imposition of liability. The four sections commencing here attempt a rational articulation of the factors which ought properly to be considered.
The section states the definition of actual causation. It is commonly called the "but-for" test. Once it is established that the defendant's conduct was the antecedent but for which the prohibited result would not have occurred, consideration of causality in its strict sense is finished and attention must then shift to § §702-215 and 216 which deal with the defendant's culpability with respect to the result. Section 702-217 deals with causation in offenses of absolute liability.
Hawaii law has previously not dealt directly with the problem of causation in the penal law context. However, in a case of murder, where the defendant claimed lack of intent on the basis that the victim was accidently killed when the victim stepped between the defendant and the intended victim, the court held that the defendant's intent was sufficient culpability.1 A more sound rationale for the decision is supplied by §702-215; actual causation of the result having been established, the defendant will not be relieved of liability for an unintended result merely because another person, rather than the intended victim, was injured.
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§702-214 Commentary:
1. Territory v. Alcantara, 24 Haw. 197 (1918).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 37. Hawaii Penal Code

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:

702-209 Conditional intent.

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:

702-212 When state of mind requirements are inapplicable to violations and to crimes defined by statutes other than this Code. §702-212 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:

702-215 Intentional or knowing causation; different result from that intended or contemplated. §702-215 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:

702-220 Ignorance or mistake of law; belief that conduct not legally prohibited. §702-220 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:

702-225 Liability for conduct of another; incapacity of defendant; failure to prosecute or convict or immunity of other person. §702-225 Commentary:

702-226 Liability for conduct of another; multiple convictions; different degrees. §702-226 Commentary:

702-227 Penal liability of corporations and unincorporated associations. §702-227 Commentary:

702-228 Liability of persons acting, or under a duty to act, in behalf of corporations or unincorporated associations. §702-228 Commentary:

702-229 Definitions relating to corporations and unincorporated associations.

702-230 Intoxication. §702-230 Commentary:

702-231 Duress.

702-232 Military orders.

702-233 Consent; general. §702-233 Commentary:

702-234 Consent to bodily injury. §702-234 Commentary:

702-235 Ineffective consent. §702-235 Commentary:

702-236 De minimis infractions. §702-236 Commentary:

702-237 Entrapment. §702-237 Commentary: