§702-208 - Substitutes for negligence, recklessness, and knowledge. - Hawaii Statutes

     §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.

 

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§702-208 Commentary:

 

1.  M.P.C., Tentative Draft No. 4, comments at 129 (1955).