§703-303 Execution of public duty. (1) Except as provided in subsection (2), conduct is justifiable when it is required or authorized by:
(a) The law defining the duties or functions of a public officer or the assistance to be rendered to a public officer in the performance of the public officer’s duties;
(b) The law governing the execution of legal process;
(c) The judgment or order of a competent court or tribunal;
(d) The law governing the armed services or the lawful conduct of war; or
(e) Any other provision of law imposing a public duty.
Terms Used In Hawaii Revised Statutes 703-303
- 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.
(2) The other sections of this chapter apply to:
(a) The use of force upon or toward the person of another for any of the purposes dealt with in those sections; and
(b) The use of deadly force for any purpose, unless the use of deadly force is otherwise expressly authorized by law or occurs in the lawful conduct of war.
(3) The justification afforded by subsection (1) applies:
(a) When the actor believes the actor’s conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and
(b) When the actor believes the actor’s conduct to be required or authorized to assist a public officer in the performance of the officer’s duties, notwithstanding that the officer exceeded the officer’s legal authority.