Haw. Rev. Stat. § 704-402
Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made
Hawaii · Hawaii Revised Statutes Chapter 704 — Penal Responsibility and Fitness to Proceed · Status: effective
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- Citation
- Haw. Rev. Stat. § 704-402, Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2430287
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Full text
(1) Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense.
(2) When the defense provided for by subsection (1) is submitted to a jury, the court shall, if requested by the defendant, instruct the jury as to the consequences to the defendant of an acquittal on the ground of physical or mental disease, disorder, or defect excluding responsibility.
(3) When the defendant is acquitted on the ground of physical or mental disease, disorder, or defect excluding responsibility, the verdict and the judgment shall so state.