HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 7.16
VOLUNTARY ACT OR VOLUNTARY OMISSION
In any prosecution* it is a defense that the conduct
alleged in the charged offense does not include a voluntary act
[or the voluntary omission to perform an act of which the
Defendant is physically capable]. A “voluntary act” means a
bodily movement performed consciously or habitually as the
result of effort or determination of the Defendant.
The burden is upon the prosecution to prove beyond a
reasonable doubt that the Defendant’s conduct as to the (specify
offense) charge included a voluntary act [or the voluntary
omission to perform an act of which the Defendant is physically
capable]. If the prosecution fails to meet its burden, then you
must find the Defendant not guilty of the charge.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
7faa32150f2c64426f52cab3dc1f0b78e889916ef0eeaef52406d126eade0577
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.