§703-302  Choice of evils.  (1)  Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor or to another is justifiable provided that:

     (a)  The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;

     (b)  Neither the Code nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and

     (c)  A legislative purpose to exclude the justification claimed does not otherwise plainly appear.

Terms Used In Hawaii Revised Statutes 703-302

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

     (2)  When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for the actor’s conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

     (3)  In a prosecution for escape under § 710-1020 or 710-1021, the defense available under this section is limited to an affirmative defense consisting of the following elements:

     (a)  The actor receives a threat, express or implied, of death, substantial bodily injury, or forcible sexual attack;

     (b)  Complaint to the proper prison authorities is either impossible under the circumstances or there exists a history of futile complaints;

     (c)  Under the circumstances there is no time or opportunity to resort to the courts;

     (d)  No force or violence is used against prison personnel or other innocent persons; and

     (e)  The actor promptly reports to the proper authorities when the actor has attained a position of safety from the immediate threat.