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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Self-induced intoxication is prohibited as a defense to any offense, except as specifically provided in this section.
(2) Evidence of the intoxication of the defendant that is not self-induced intoxication or that is pathological intoxication shall be admissible to prove or disprove the conduct alleged or the state of mind sufficient to establish an element of the offense. Evidence of self-induced intoxication of the defendant is admissible to prove or disprove conduct or to prove the state of mind sufficient to establish an element of an offense. Evidence of self-induced intoxication of the defendant is not admissible to disprove the state of mind sufficient to establish an element of the offense.
(3) Intoxication does not, in itself, constitute a physical or mental disease, disorder, or defect within the meaning of section 704-400.
(4) Intoxication that is:
(a) Not self-induced intoxication; or
(b) Pathological intoxication,
is an affirmative defense if by reason of the intoxication, the defendant at the time of the defendant's conduct lacks substantial capacity to engage in the alleged conduct, to have the state of mind sufficient to establish an element of the offense, to appreciate the wrongfulness of the defendant's conduct, or to conform the defendant's conduct to the requirements of law.
(5) As used in this section:
“Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.
“Lacks substantial capacity” means capacity that has been impaired to such a degree that only an extremely limited amount remains.
“Pathological intoxication” means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the defendant does not know the defendant is susceptible and that results from a physical abnormality of the defendant.
“Self-induced intoxication” means intoxication caused by substances that the defendant knowingly introduces into the defendant's body, the tendency of which to cause intoxication the defendant knows or ought to know, unless the defendant introduces the substances pursuant to medical advice or under circumstances that would afford a defense to a charge of a penal offense.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 702-230 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-702-230/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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