§702-232 Military orders. It is an affirmative defense to a penal charge that the defendant, in engaging in the conduct or causing the result alleged, which the defendant did not know to be unlawful, did no more than execute an order of the defendant's superior in the armed services. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §702-232
This section provides an affirmative defense in the narrow case where a defendant engages in conduct because ordered to do so by the defendant's superior in the armed services. The defense obtains only when the defendant did not know the conduct to be unlawful.
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: