§703-300 Definitions relating to
justification. In this chapter, unless a different meaning is plainly
required:
"Believes" means reasonably believes.
"Deadly force" means force which the
actor uses with the intent of causing or which the actor knows to create a
substantial risk of causing death or serious bodily harm. Intentionally firing
a firearm in the direction of another person or in the direction which another
person is believed to be constitutes deadly force. A threat to cause death or
serious bodily injury, by the production of a weapon or otherwise, so long as
the actor's intent is limited to creating an apprehension that the actor will
use deadly force if necessary, does not constitute deadly force.
"Dwelling" means any building or
structure, though movable or temporary, or a portion thereof, which is for the
time being a home or place of lodging.
"Force" means any bodily impact,
restraint, or confinement, or the threat thereof.
"Unlawful force" means force which is
employed without the consent of the person against whom it is directed and the
employment of which constitutes an offense or would constitute an offense
except for a defense not amounting to a justification to use the force. Assent
constitutes consent, within the meaning of this section, whether or not it
otherwise is legally effective, except assent to the infliction of death or
serious or substantial bodily injury. [L 1972, c 9, pt of §1; am L 1986, c 314,
§5; gen ch 1993]
Revision Note
Definitions rearranged pursuant to §23G-15.
COMMENTARY ON §703-300
This section provides statutory definitions of terms used
repeatedly in this chapter; a discussion of the definitions, when needed or
appropriate, is found in the commentary on the section employing the defined
terms.
SUPPLEMENTAL COMMENTARY ON §703-300
Chapter 703 provides for a defense based on the legal concept
of justification. An extended definition of justification is provided in
§§703-302 through 309. In most instances, the critical factor in determining
whether an actor's conduct is justified is the actor's state of mind or belief
respecting facts and circumstances. The legislature changed §300 of the
Proposed Draft by adding the definition of "believes." The
definition adopts "the reasonable man standard with respect to
justification for the use of force in self-protection, in the protection of
property, and in the protection of others. It is your Committee's finding that
the requirement that a person's belief be 'reasonable' for these defenses to be
available will provide an objective basis by which to gauge whether or not the
use of force was justified." Conference Committee Report No. 2 (1972).
Case Notes
Subsection (1) cited: 9 H. App. 115, 826 P.2d 884 (1992).
Substantial evidence of record supported trial court's
finding that defendant's use of the knife constituted deadly force. 77 H. 429
(App.), 886 P.2d 766 (1994).
Notes of Decisions
Cited in
54
cases (
9 in the last 5 years), 1977–2025 · leading case:
State v. Culkin, 35 P.3d 233 (Haw. 2001).
State v. Culkin, 35 P.3d 233 (Haw. 2001).
· cites it 24× “HRS § 703-300 (1993) defines "deadly force" to include "force which the actor knows to create a substantial risk of causing death or serious bodily harm.”
State v. Augustin, 63 P.3d 1097 (Haw. 2002).
· cites it 32× “) With respect to the use-of-force defenses, the defendant's belief must be "reasonable," see HRS § 703-300 (1993) ("`Believes' means reasonably believes.”
State v. Schnabel., 279 P.3d 1237 (Haw. 2012).
· cites it 12× “]” 34 HRS § 703-300(1) (1993), which defines “believes,” states that “‘[b]elieves’ means reasonably believes[,]” and applies the “reasonable man standard with respect to justification for the use of force in self protection, in the protection of property, and in the protection…”
State v. Walsh, 260 P.3d 350 (Haw. 2011).
· cites it 10× “" Supplemental Commentary on HRS § 703-300 (1993). HRS § 703-304(1), governing the defense of self defense, provides in relevant part that "the use of force upon or toward another person is justifiable when the actor believes [ [50] ] that such force is immediately necessary for…”
State v. Deleon., 319 P.3d 382 (Haw. 2014).
· cites it 8× “” 2 Supplemental Commentary to HRS § 703-300 (1993). “In most cases, the critical factor in determining whether an actor’s conduct is justified is the actor’s state of mind or belief respecting facts and circumstances.”
State v. Mark, 231 P.3d 478 (Haw. 2010).
· cites it 8× “]” HRS § 703-300 (1993). In order for “the other person [to] have been justified in using force to protect himself,” the following requirements set forth in HRS § 703-304 regarding self-protection would apply: (1) Subject to the provisions of this section and of section…”
State v. Maumalanga, 976 P.2d 410 (Haw. App. 1998).
· cites it 16× “[7] HRS § 703-300 (1993) defines "believes" to mean "reasonably believes.”
State v. Lubong, 886 P.2d 766 (Haw. App. 1994).
· cites it 7× “Deadly or Nonr-Deadly Force For purposes of interpreting the self-protection justification statute, HRS § 703-300 (Supp.1992) defines “force” as any “bodily impact, restraint, or confinement, or the threat thereof.”
In re: DM., 526 P.3d 446 (Haw. 2023).
· cites it 12× “Deadly force means “force which the actor uses with the intent of causing or which the actor knows to create a substantial risk of causing death or serious bodily harm.”
State v. Van Dyke, 69 P.3d 88 (Haw. 2003).
· cites it 6× “HRS § 703-300 defines “force” as “any bodily impact, restraint, or confinement, or the threat thereof.”
State v. Matuu., 445 P.3d 91 (Haw. 2019).
· cites it 4× “The test for assessing a defendant's self-protection justification pursuant to HRS § 703-304 (2014) 14 involves two prongs because HRS § 703-300 (2014) defines "believes" as "reasonably believes": The first prong is subjective; it requires a determination of whether the…”
State v. Tagaro, 757 P.2d 1175 (Haw. App. 1987).
· cites it 8× “’ ” Commentary on § 703-300 (quoting Conf. Comm. Rep. No. 2 (1972)).”
— Haw. Rev. Stat. § 703-300(1) — 6 cases
State v. Schnabel., 279 P.3d 1237 (Haw. 2012).
“]” 34 HRS § 703-300(1) (1993), which defines “believes,” states that “‘[b]elieves’ means reasonably believes[,]” and applies the “reasonable man standard with respect to justification for the use of force in self protection, in the protection of property, and in the protection…”
State v. Tagaro, 757 P.2d 1175 (Haw. App. 1987).
“’ ” Commentary on § 703-300 (quoting Conf. Comm. Rep. No. 2 (1972)).”
— Haw. Rev. Stat. § 703-300(2) — 1 case
— Haw. Rev. Stat. § 703-300(4) — 5 cases
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