(1) A person shall not be liable under § 705-510 for criminal solicitation of another if under sections 702-224(1) and (2) and defendant; failure to prosecute or convict or immunity of other person” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>702-225(1) he would not be legally accountable for the conduct of the other person.
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Terms Used In Hawaii Revised Statutes 705-511

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(2) It is not a defense to a prosecution under § 705-510 that the person solicited could not be guilty of committing the crime because:

(a) He is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited;
(b) He is penally irresponsible or has an immunity to prosecution or conviction for the commission of the crime;
(c) He is unaware of the criminal nature of the conduct in question or of the defendant’s criminal intent; or
(d) He does not have the state of mind sufficient for the commission of the offense in question.
(3) It is not a defense to a prosecution under § 705-510 that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited.

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