2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
702. General Principles of Penal Liability
702-229 Definitions relating to corporations and unincorporated associations.

§702-229 Definitions relating to corporations and unincorporated associations. As used in sections 702-227 and 702-228:

(1) "Corporation" does not include an entity organized as or by a governmental agency for the execution of a governmental program.

(2) "Agent" means any director, officer, servant, employee or other person authorized to act in behalf of the corporation or association and, in the case of an unincorporated association, a member of such association.

(3) "High managerial agent" means an officer of a corporation or an unincorporated association, or, in the case of a partnership, a partner, or any other agent of a corporation or unincorporated association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or the unincorporated association. [L 1972, c 9, pt of §1]

COMMENTARY ON §702-229

It seems clear that, in dealing with corporate penal liability, government corporations must be exempt. Penal liability in such a case is pointless.

The phrases "agent" and "high managerial agent" are broadly and inclusively defined. Given the wide variety of employment and other agency relationships, the definitions must present criteria which are very general. Further refinement or elaboration should be left to a case-by-case determination.