§702-232 - Military orders. - Hawaii Statutes

     §702-232  Military orders.  It is an affirmative defense to a penal charge that the defendant, in engaging in the conduct or causing the result alleged, which the defendant did not know to be unlawful, did no more than execute an order of the defendant's superior in the armed services. [L 1972, c 9, pt of §1; gen ch 1993]

 

COMMENTARY ON §702-232

 

  This section provides an affirmative defense in the narrow case where a defendant engages in conduct because ordered to do so by the defendant's superior in the armed services.  The defense obtains only when the defendant did not know the conduct to be unlawful.