Hawaii Revised Statutes

Haw. Rev. Stat. § 701-100 (2026)

Title and effective date of amendments

✓ current as of July 2026

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§701-100 Title and effective date of amendments. Title 37 shall be known as the Hawaii Penal Code. Amendments made to this Code by Act 314, Session Laws of Hawaii 1986, shall become effective on January 1, 1987. [L 1972, c 9, pt of §1; am L 1986, c 314, pt of §1]

COMMENTARY ON §701-100

The purpose of this Code is to codify the major part of Hawaii's penal law. The law has never before been completely codified. Judicial construction has been relied on to supply definitions, defenses, and general principles of penal liability. The statutory law, dating from time long past, uses language which is now obscure or mysterious. Unmeritorious defenses have been allowed because of the law's incompleteness, and some persons have escaped punishment because some new variation of criminal conduct is not defined as a crime. On the other hand, certain acts are defined as crimes which are not considered criminal today by a great majority of the people. This Code corrects these defects in the law, while putting it in a more rational and accessible form.

SUPPLEMENTAL COMMENTARY ON §701-100

Act 314, Session Laws 1986, provided that that Act's amendments to the Code take effect on January 1, 1987. By delaying the effective date of the amendments, the legislature intended to give criminal justice agencies time to determine how the amendments will affect them and to make provisions for the changes. Conference Committee Report No. 51-86.

Notes of Decisions

Cited in 3 cases, 1985–2006 · leading case: State v. Levi, 75 P.3d 1173 (Haw. 2003).

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State v. Levi, 75 P.3d 1173 (Haw. 2003). · cites it 3× “Defendant cites to HRS §§ 701-100 and 701-101(2) (1993), which make explicit reference to Act 314.”

State v. Tachibana, 698 P.2d 287 (Haw. 1985). · cites it 3× “The Hawaii Penal Code, HRS §§ 701-100 et seq. (1976), became effective on January 1, 1973.”

State v. Emerson, 129 P.3d 1167 (Haw. App. 2006). · cites it 2× “Promulgated in 1972, the Code comprises HRS title 37, HRS § 701-100 (1993) (“Title 37 shall be known as the Hawaii Penal Code”), which, in turn, comprised at all relevant times HRS ch.”

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