Hawaii Revised Statutes
702. General Principles of Penal Liability
702-219 Ignorance or mistake; reduction in grade and class of the offense. §702-219 Commentary:

§702-219 Ignorance or mistake; reduction in grade and class of the offense. Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as the defendant supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and class of the offense of which the defendant may be convicted to those of the offense of which the defendant would be guilty had the situation been as the defendant supposed. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §702-219
This section is addressed to a limited problem. A defendant intending to commit a certain offense, may, because of reasonable ignorance or mistake on the defendant's part, engage in conduct which (if the requisite state of mind were present) would be sufficient for conviction of a graver offense. It would not be fair to convict the defendant of the graver offense (unless some reduction in penalty were made to reflect the defendant's actual culpability) and it would not be fair to allow a complete acquittal because the defendant intended some other offense than the one with which the defendant is charged.
The problem may be stated by borrowing an example from the Model Penal Code commentary:
Burglary of a dwelling house may, for example, reasonably be treated as an offense of greater gravity than burglary of a store; and it is not unreasonable to require knowledge that the structure is a dwelling or at least recklessness that such may be the case. If we conceive of a defendant who had every ground to think that it was a store, although it actually was a dwelling, it may not be right to hold him for the graver crime. The doctrine that when one intends a lesser crime he may be convicted of a graver offense committed inadvertently leads to anomalous results if it is generally applied in the penal law....
If the defendant in the circumstances supposed is exculpated of the graver crime, it seems clear, however, that he should not be acquitted.1
The Code, following the suggestion of the Model Penal Code, resolves the dilemma by authorizing conviction for the graver offense while limiting the sentence (the grade and class) to that authorized for the offense which the defendant would have committed had the situation been as the defendant supposed. This limitation reflects the defendant's limited culpability.
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§702-219 Commentary:
1. M.P.C., Tentative Draft No. 4, comments at 137 (1955).

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: