In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:

(1) The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to such class, is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant’s incapacity;
criminal case

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Terms Used In Hawaii Revised Statutes 702-225

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) The other person has not been prosecuted for or convicted of any offense, or has been convicted of a different offense or degree of offense, based upon the conduct in question; or
(3) The other person has a legal immunity from prosecution based upon the conduct in question.

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