(1) Where a person has made inconsistent statements, each of which if made with the requisite state of mind and under the requisite circumstances would constitute an offense specified in this part, and both statements have been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false; it shall only be necessary for the prosecution to prove:

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Terms Used In Hawaii Revised Statutes 710-1065

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(a) That one or the other was false and not believed by the defendant to be true; and
(b) The attendant circumstances and states of mind necessary to constitute each statement, if false, as an offense.
(2) The most serious offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If offenses of different classes or grades would be established by the making of the two statements, the person may only be convicted of the lesser class or grade.

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