DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS

TITLE 37. HAWAII PENAL CODE

Codification. Act 9, Session Laws 1972, effective January 1, 1973, repealed or recodified former Title 37, entitled "Criminal Law", and enacted present Title 37, entitled "Hawaii Penal Code". For the disposition of former Title 37, see table in Appendix, this title.

Commentaries. The Commentary and Supplemental Commentary following the various sections of the Penal Code are published pursuant to §701-105, which provides that the commentaries may be used as an aid in understanding the Code but not as evidence of legislative intent. The commentaries, prepared by the Judicial Council of Hawaii and by legislative counsel, have been edited by the revisor of statutes. For a fuller explanation of the commentaries, see explanatory note in Appendix, this title.

Chapter

701 Preliminary Provisions

702 General Principles of Penal Liability

703 General Principles of Justification

704 Penal Responsibility and Fitness to Proceed

705 Inchoate Crimes

706 Disposition of Convicted Defendants

707 Offenses Against the Person

708 Offenses Against Property Rights

708A Money Laundering

709 Offenses Against the Family and Against Incompetents

710 Offenses Against Public Administration

711 Offenses Against Public Order

712 Offenses Against Public Health and Morals

712A Forfeiture

713 Repeal and Recodification Provisions

Appendix

1. Explanatory Note on Commentaries

A. Introductory Note on Commentaries

B. Revisor's Note on Commentaries

2. Abbreviations

3. Table of Disposition - Title 37. Criminal Law

CHAPTER 701

PRELIMINARY PROVISIONS

Section

701-100 Title and effective date of amendments

701-101 Applicability to offenses committed before the

effective date of amendments

701-102 All offenses defined by statute; applicability to

offenses committed after the effective date

701-103 Purposes of this Code

701-104 Principles of construction

701-105 Effect of commentary

701-106 Territorial applicability

701-107 Grades and classes of offenses

701-108 Time limitations

701-109 Method of prosecution when conduct establishes an

element of more than one offense

701-110 When prosecution is barred by former prosecution

for the same offense

701-111 When prosecution is barred by former prosecution

for a different offense

701-112 Former prosecution in another jurisdiction: when

a bar

701-113 Former prosecution before court lacking jurisdiction

or when fraudulently procured by the defendant

701-114 Proof beyond a reasonable doubt

701-115 Defenses

701-116 Proving applicability of the Code

701-117 Prima facie evidence

701-118 General definitions

701-119 Repealed

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