Self Defense

Force against another person is justified when the actor believes it is immediately necessary to protect against that person's unlawful force on the present occasion. Deadly force is justified where the actor believes it necessary to protect against death, serious bodily injury, kidnapping, rape or forcible sodomy.

• Deadly force is not justified where the actor provoked the force with intent to cause death or serious bodily injury in the same encounter.
• Nor where the actor knows it can be avoided with complete safety by retreating, giving up a thing claimed by someone else, or complying with a demand to stop doing something there is no duty to do.
• There is no duty to retreat from one's dwelling or place of work, unless the actor was the initial aggressor, or is attacked at work by someone the actor knows also works there.

• §HRS 703-304StatuteUse of force in self-protectionOpens data.capitol.hawaii.gov ↗

Force to protect another person is justified where the actor would be justified in using it to protect themselves against the injury believed threatened to that person, and believes intervening is necessary to protect them.

• §HRS 703-305StatuteUse of force for the protection of other personsOpens data.capitol.hawaii.gov ↗

Believes, in these sections, means reasonably believes. Deadly force is force used with the intent of causing, or known to create a substantial risk of causing, death or serious bodily harm, and firing a gun toward a person is deadly force. A threat shown by producing a weapon, meant only to create an apprehension that deadly force will be used if necessary, is not.

• §HRS 703-300StatuteDefinitions relating to justificationOpens data.capitol.hawaii.gov ↗

A separate section governs force to protect property, and its own limits apply to it.

• §HRS 703-306StatuteUse of force for the protection of propertyOpens data.capitol.hawaii.gov ↗