Notwithstanding any other provisions of existing law and unless a subsequent statute otherwise provides:
(1) When absolute liability is imposed with respect to any element of an offense defined by a statute other than this Code and a conviction is based upon such liability, the offense constitutes a violation except as provided in section 702-212(2); and
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Terms Used In Hawaii Revised Statutes 702-213
- Conviction: A judgement of guilt against a criminal defendant.
- Statute: A law passed by a legislature.
(2) Although absolute liability is imposed by law with respect to one or more of the elements of an offense defined by a statute other than this Code, the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes a sufficient state of mind and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by § 701-107 and chapter 706.