HI §703-305 Use of force for the protection of other persons.

State: Hawaii

 

Hawaii Revised Statutes (H.R.S.)

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703

§703-305  Use of force for the protection of other persons.  

(1)  Subject to the provisions of this section and of section 703-310, the use of force upon or toward the person of another is justifiable to protect a third person when:

(a)   Under the circumstances as the actor believes them to be, the person whom the actor seeks to protect would be justified in using such protective force; and

(b)   The actor believes that the actor’s intervention is necessary for the protection of the other person.

(2)  Notwithstanding subsection (1):

(a)   When the actor would be obliged under section 703-304 to retreat, to surrender the possession of a thing, or to comply with a demand before using force in self- protection, the actor is not obliged to do so before using force for the protection of another person, unless the actor knows that the actor can thereby secure the complete safety of such other person; and

(b)   When the person whom the actor seeks to protect would be obliged under section 703-304 to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the actor is obliged to try to cause the person to do so before using force in the person’s protection if the actor knows that the actor can obtain the other’s complete safety in that way; and

(c)   Neither the actor nor the person whom the actor seeks to protect is obliged to retreat when in the other’s dwelling or place of work to any greater extent than in the actor’s or the person’s own.