Hawaii Revised Statutes
702. General Principles of Penal Liability
702-217 Causation in offenses of absolute liability. §702-217 Commentary:

§702-217 Causation in offenses of absolute liability. When causing a particular result is an element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the defendant's conduct. [L 1972, c 9, pt of §1]
COMMENTARY ON §702-217
The elimination of mens rea or culpability requirements from a penal offense should not make the accused liable for improbable consequences of the accused's conduct. The specter of such liability would be too precarious and capricious to induce an actor to make rational adjustments in the actor's behavior in order to avoid the sanction. The futility of an attempt to impose penal liability for the improbable consequences of conduct has been succinctly expressed by Hart and Honore:
... [S]urely, the elimination of mens rea as... [a requisite for penal] liability does not mean that the accused is to be liable for harm, even if it only occurred through the conjunction of his act with the deliberate act of some independent person or with some quite extraordinary event. The plain man's protest would be that in such cases the accused 'did not do it', even though the harm would not have occurred without what he did.1
This section is not repetitive of §702-216 (dealing with negligent causation). There will undoubtedly be situations where a person will fail to perceive a risk of a probable consequence although the person's failure of perception did not involve a "gross deviation from the standard of care that a law-abiding person would observe in the same situation."
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§702-217 Commentary:
1. Hart & Honore, Causation in the Law 361 (1959).

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: