§701-114  Proof beyond a reasonable doubt.  (1)  Except as otherwise provided in § 701-115, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:

     (a)  Each element of the offense;

     (b)  The state of mind required to establish each element of the offense;

     (c)  Facts establishing jurisdiction;

     (d)  Facts establishing venue; and

     (e)  Facts establishing that the offense was committed within the time period specified in § 701-108.

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Terms Used In Hawaii Revised Statutes 701-114

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Venue: The geographical location in which a case is tried.

     (2)  In the absence of the proof required by subsection (1), the innocence of the defendant is presumed.