§702-232

Military orders

Foundations · Chapter 702 — General Principles of Penal Liability

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]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

HAWJIC 7.06The defendant has raised the affirmative defense of (specify the affirmative defense). Before you may considerref

Source / Amendment history

[L 1972, c 9, pt of §1; gen ch 1993]

Cross references, commentary & case notes

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.

View official source on capitol.hawaii.gov ↗