§701-118 General definitions. In this
Code, unless a different meaning plainly is required:
"Act" or "action" means a
bodily movement whether voluntary or involuntary.
"Acted" includes, where relevant, "omitted
to act".
"Actor" includes, a person who acts,
or, where relevant, a person guilty of omission.
"Another" means any other person and
includes, where relevant, the United States, this State and any of its
political subdivisions, and any other state and any of its political
subdivisions.
"Conduct" means an act or omission,
or, where relevant, a series of acts or a series of omissions, or a series of
acts and omissions.
"Law enforcement officer" means any
public servant, whether employed by the State or county or by the United
States, vested by law with a duty to maintain public order or, to make arrests
for offenses or to enforce the criminal laws, whether that duty extends to all
offenses or is limited to a specific class of offenses.
"Omission" means a failure to act.
"Person", "he", "him",
"actor", and "defendant" include any natural person,
including any natural person whose identity can be established by means of
scientific analysis, including but not limited to scientific analysis of
deoxyribonucleic acid and fingerprints, whether or not the natural person's name
is known, and, where relevant, a corporation or an unincorporated association.
"State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States.
"Statute" includes the Constitution
of the State and a local law or ordinance of a political subdivision of the
State. [L 1972, c 9, pt of §1; am L 2001, c 91, §2; am L 2005, c 112, §3]
Revision Note
Numeric designations deleted and definitions rearranged
pursuant to §23G-15.
Cross References
Other definitions, see specific chapters of this Code.
COMMENTARY ON §701-118
Act 91, Session Laws 2001, amended this section by providing
a definition of "law enforcement officer." The term "peace
officer," as used in the Penal Code, caused the Intermediate Court of
Appeals to question whether the term meant "law enforcement officer."
Act 91 resolved the ambiguity by providing a definition of "law
enforcement officer" and substituting that term for "peace officer"
[in the Penal Code]. Conference Committee Report No. 23.
Act 112, Session Laws 2005, established a statewide
deoxyribonucleic acid database and data bank identification program for all
convicted felons. Conference Committee Report No. 184. Act 112 amended this
section by amending the definition of "person," "he," "him,"
"actor," and "defendant."
Case Notes
A dolphin is not "another" within the meaning of
paragraph (8). 1 H. App. 19, 613 P.2d 1328 (1980).
Notes of Decisions
Cited in
20
cases (
2 in the last 5 years), 1980–2022 · leading case:
State v. Woodfall, 206 P.3d 841 (Haw. 2009).
State v. Woodfall, 206 P.3d 841 (Haw. 2009).
· cites it 20× “) Similarly, we apply the HRS § 701-118 (Supp.2006) definition of “another” to HRS § 708-839.”
State v. Wheeler, 219 P.3d 1170 (Haw. 2009).
· cites it 4× “HRS § 702-205 (1993) (the material elements of an offense are “conduct,” “attendant circumstances,” and “results of conduct”); 10 HRS § 701-118(4) (1993) (defining *392 “conduct” as “an act or omission, or, where relevant, a series of acts or a series of omissions, or a series…”
State v. Murray, 169 P.3d 955 (Haw. 2007).
· cites it 6× “]" Furthermore, an act is defined under § 701-118(2) (1993) as a "bodily movement whether voluntary or involuntary[.”
State v. Feliciano, 115 P.3d 648 (Haw. 2005).
· cites it 10× “]" [6] Hawai`i Revised Statutes (HRS) § 701-118(2) (1993). "Conduct," as defined in HRS § 701-118(4) (1993), constitutes an act or omission or "a series" thereof.”
State v. Arceo, 928 P.2d 843 (Haw. 1996).
· cites it 4× “) Thus, a discrete offense may consist of "a series of acts" when "[t]he offense is defined as a continuing course of conduct" that is "uninterrupted," as distinguished from statutes providing "that specific periods of conduct constitute separate offenses.”
State v. Moser, 111 P.3d 54 (Haw. App. 2005).
· cites it 8× “(a) The Conduct Element As noted above, HRS § 701-118 defines “[c]onduct[,]” as used in the Hawaii Penal Code, as “an act or omission, or, where relevant, a series of acts or a series of omissions, or a series of acts and omissions[.”
State v. Aiwohi, 123 P.3d 1210 (Haw. 2005).
· cites it 4× “" HRS § 701-118(7) (1993). Furthermore, for the purposes of HRS chapter 707, HRS § 707-700 defines "person" as "a human being who has been born and is alive.”
State v. Buch, 926 P.2d 599 (Haw. 1996).
· cites it 4× “" Thus, "compulsion" may be "conduct," an "attendant circumstance," a "result of conduct," or a combination thereof.”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021).
“11, §§ 233 , 242; Haw. Rev. Stat. §§ 701-118 , 702- 203; 720 Ill.”
State v. Apao, 24 P.3d 32 (Haw. 2001).
· cites it 2× “Thus, a discrete offense may consist of “a series of acts” when 'Tt]he offense is defined as a continuing course of conduct” that is "uninterrupted,” as distinguished from statutes providing “that specific periods of conduct constitute separate offenses.”
State v. Bovee., 394 P.3d 760 (Haw. 2017).
· cites it 2× “” HRS § 701-118 (1993). The “conduct” element of second-degree methamphetamine trafficking is to “distribute[ ]” an object.”
State v. Jardine, 61 P.3d 514 (Haw. App. 2002).
· cites it 4× “]” “Person” is defined in HRS § 701-118(7) as including “any natural person and, where relevant, a corporation or an unincorporated association!;.”
— Haw. Rev. Stat. § 701-118(1) — 2 cases
— Haw. Rev. Stat. § 701-118(2) — 4 cases
State v. Wheeler, 219 P.3d 1170 (Haw. 2009).
“HRS § 702-205 (1993) (the material elements of an offense are “conduct,” “attendant circumstances,” and “results of conduct”); 10 HRS § 701-118(4) (1993) (defining *392 “conduct” as “an act or omission, or, where relevant, a series of acts or a series of omissions, or a series…”
State v. Murray, 169 P.3d 955 (Haw. 2007).
“]" Furthermore, an act is defined under § 701-118(2) (1993) as a "bodily movement whether voluntary or involuntary[.”
State v. Moser, 111 P.3d 54 (Haw. App. 2005).
“(a) The Conduct Element As noted above, HRS § 701-118 defines “[c]onduct[,]” as used in the Hawaii Penal Code, as “an act or omission, or, where relevant, a series of acts or a series of omissions, or a series of acts and omissions[.”
State v. Feliciano, 115 P.3d 648 (Haw. 2005).
“]" [6] Hawai`i Revised Statutes (HRS) § 701-118(2) (1993). "Conduct," as defined in HRS § 701-118(4) (1993), constitutes an act or omission or "a series" thereof.”
— Haw. Rev. Stat. § 701-118(3) — 1 case
State v. Moser, 111 P.3d 54 (Haw. App. 2005).
“(a) The Conduct Element As noted above, HRS § 701-118 defines “[c]onduct[,]” as used in the Hawaii Penal Code, as “an act or omission, or, where relevant, a series of acts or a series of omissions, or a series of acts and omissions[.”
— Haw. Rev. Stat. § 701-118(4) — 10 cases
State v. Arceo, 928 P.2d 843 (Haw. 1996).
“) Thus, a discrete offense may consist of "a series of acts" when "[t]he offense is defined as a continuing course of conduct" that is "uninterrupted," as distinguished from statutes providing "that specific periods of conduct constitute separate offenses.”
State v. Feliciano, 115 P.3d 648 (Haw. 2005).
“]" [6] Hawai`i Revised Statutes (HRS) § 701-118(2) (1993). "Conduct," as defined in HRS § 701-118(4) (1993), constitutes an act or omission or "a series" thereof.”
State v. Murray, 169 P.3d 955 (Haw. 2007).
“]" Furthermore, an act is defined under § 701-118(2) (1993) as a "bodily movement whether voluntary or involuntary[.”
State v. Wheeler, 219 P.3d 1170 (Haw. 2009).
“HRS § 702-205 (1993) (the material elements of an offense are “conduct,” “attendant circumstances,” and “results of conduct”); 10 HRS § 701-118(4) (1993) (defining *392 “conduct” as “an act or omission, or, where relevant, a series of acts or a series of omissions, or a series…”
State v. Buch, 926 P.2d 599 (Haw. 1996).
“" Thus, "compulsion" may be "conduct," an "attendant circumstance," a "result of conduct," or a combination thereof.”
— Haw. Rev. Stat. § 701-118(7) — 5 cases
State v. Aiwohi, 123 P.3d 1210 (Haw. 2005).
“" HRS § 701-118(7) (1993). Furthermore, for the purposes of HRS chapter 707, HRS § 707-700 defines "person" as "a human being who has been born and is alive.”
State v. Woodfall, 206 P.3d 841 (Haw. 2009).
“) Similarly, we apply the HRS § 701-118 (Supp.2006) definition of “another” to HRS § 708-839.”
State v. Jardine, 61 P.3d 514 (Haw. App. 2002).
“]” “Person” is defined in HRS § 701-118(7) as including “any natural person and, where relevant, a corporation or an unincorporated association!;.”
— Haw. Rev. Stat. § 701-118(8) — 4 cases
State v. Woodfall, 206 P.3d 841 (Haw. 2009).
“) Similarly, we apply the HRS § 701-118 (Supp.2006) definition of “another” to HRS § 708-839.”
State v. Jardine, 61 P.3d 514 (Haw. App. 2002).
“]” “Person” is defined in HRS § 701-118(7) as including “any natural person and, where relevant, a corporation or an unincorporated association!;.”
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