HI §703-300 Definitions relating to justification.

HI §703-300 Definitions relating to justification.

State: Hawaii


Hawaii Revised Statutes (H.R.S.)

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703

§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.

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