2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
701. Preliminary Provisions
701-118 General definitions.

§701-118 General definitions. In this Code, unless a different meaning plainly is required:

(1) "Statute" includes the Constitution of the State and a local law or ordinance of a political subdivision of the State;

(2) "Act" or "action" means a bodily movement whether voluntary or involuntary;

(3) "Omission" means a failure to act;

(4) "Conduct" means an act or omission, or, where relevant, a series of acts or a series of omissions, or a series of acts and omissions;

(5) "Actor" includes, a person who acts, or, where relevant, a person guilty of omission;

(6) "Acted" includes, where relevant, "omitted to act";

(7) "Person," "he," "him," "actor," and "defendant" include any natural person, including any natural person whose identity can be established by means of scientific analysis, including but not limited to scientific analysis of deoxyribonucleic acid and fingerprints, whether or not the natural person's name is known, and, where relevant, a corporation or an unincorporated association;

(8) "Another" means any other person and includes, where relevant, the United States, this State and any of its political subdivisions, and any other state and any of its political subdivisions;

(9) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and

(10) "Law enforcement officer" means any public servant, whether employed by the State or county or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. [L 1972, c 9, pt of §1; am L 2001, c 91, §2; am L 2005, c 112, §3]

Cross References

Other definitions, see under specific chapters of this Code.

COMMENTARY ON §701-118

Act 91, Session Laws 2001, amended this section by providing a definition of "law enforcement officer". The term "peace officer", as used in the Penal Code, caused the Intermediate Court of Appeals to question whether the term meant "law enforcement officer". Act 91 resolved the ambiguity by providing a definition of "law enforcement officer" and substituting that term for "peace officer" [in the Penal Code]. Conference Committee Report No. 23.

Act 112, Session Laws 2005, established a statewide deoxyribonucleic acid database and data bank identification program for all convicted felons. Conference Committee Report No. 184. Act 112 amended this section by amending the definition of "person," "he," "him," "actor," and "defendant".

Case Notes

A dolphin is not "another" within the meaning of paragraph (8). 1 H. App. 19, 613 P.2d 1328.