§702-208 Substitutes for negligence,
recklessness, and knowledge. When the law provides that negligence is
sufficient to establish an element of an offense, that element also is
established if, with respect thereto, a person acts intentionally, knowingly,
or recklessly. When the law provides that recklessness is sufficient to
establish an element of an offense, that element also is established if, with
respect thereto, a person acts intentionally or knowingly. When the law
provides that acting knowingly is sufficient to establish an element of an
offense, that element also is established if, with respect thereto, a person
acts intentionally. [L 1972, c 9, pt of §1]
COMMENTARY ON §702-208
Since intent, knowledge, recklessness, and negligence are in
a descending order of culpability, this section establishes that "it is
only necessary to articulate the minimal basis of liability for the more
serious bases to be implied."[1] The proposition is essentially
axiomatic.
__________
§702-208 Commentary:
1. M.P.C., Tentative Draft No. 4, comments at 129 (1955).
Notes of Decisions
Cited in
22
cases, 1980–2020 · leading case:
State v. Holbron, 904 P.2d 912 (Haw. 1995).
State v. Holbron, 904 P.2d 912 (Haw. 1995).
· cites it 12× “As a final preliminary matter, we note that HRS § 702-208 (1993) provides in relevant part that “[w]hen the law provides that recklessness is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally…”
State v. Jenkins, 997 P.2d 13 (Haw. 2000).
· cites it 4× “" HRS § 702-208 (1993) provides that, "[w]hen the law provides that acting knowingly is sufficient to establish an element of an offense, that element is also established if, with respect thereto, a person acts intentionally." Accordingly, pursuant to HRS § 702-202 and the…”
State v. Culkin, 35 P.3d 233 (Haw. 2001).
· cites it 4× “" HRS § 702-208 (1993). Accordingly, the prosecution could establish the requisite mental state with respect to the attendant circumstances element of reckless manslaughter by proving that Culkin acted with an intentional, knowing, or reckless state of mind.”
State v. Eastman, 913 P.2d 57 (Haw. 1996).
· cites it 4× “Commentary to HRS § 702-208 (1993). Thus, the prosecution needs only to prove the lowest of the three alternative levels of culpability, i.”
Dairy Road Partners v. Island Ins. Co., 992 P.2d 93 (Haw. 2000).
· cites it 4× “"); HRS § 702-208 (1993) (providing in relevant part that "[w]hen the law provides that negligence is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally, knowingly, or recklessly").”
State v. Manuel., 477 P.3d 874 (Haw. 2020).
· cites it 6× “See HRS § 702-208 (2015) (“When the law provides that recklessness is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally or knowingly.”
State v. Pinero, 778 P.2d 704 (Haw. 1989).
· cites it 2× “See HRS § 702-208, Commentary (“intent, knowledge, recklessness, and negligence are in a descending order of culpability”).”
State v. Kinnane, 897 P.2d 973 (Haw. 1995).
· cites it 2× “2d 306, 308 (1980); commentary on HRS § 702-208 (1985) (“[Ijntent, knowledge, recklessness, and negligence are in a descending order of culpability!)]”).”
State v. Kupihea, 46 P.3d 498 (Haw. 2002).
· cites it 2× “Noting that HRS § 702-208 (1993) stated that a knowing state of mind is also established if a person acted intentionally, this court determined that the culpable states of mind attendant to the act of possessing “the thing possessed” were either an intentional or knowing state…”
State v. Kaeo., 323 P.3d 95 (Haw. 2014).
· cites it 4× “In both Kupau I and Burdett, the court noted that the Commentary on HRS § 702-208 states that intent, knowledge, recklessness, and negligence are in descending order of culpability.”
State v. Feliciano, 618 P.2d 306 (Haw. 1980).
· cites it 2× “2 See Commentary to HRS § 702-208 for descending degrees of culpability.”
State v. Woicek, 632 P.2d 654 (Haw. 1981).
· cites it 4× “Commentary *552 on HRS § 702-208. 6 Therefore, we hold that harassment is not a lesser included offense of disorderly conduct under HRS § 701-109(4)(a).”
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