Self-Defense Laws in Hawaii
Whether Hawaii has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: Hawaii has a duty to retreat outside the home and workplace. Deadly force is not justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it… Haw. Rev. Stat. § 703-304(5)(b)
| Stand your ground / duty to retreat | Hawaii has a duty to retreat outside the home and workplace. Deadly force is not justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it, or by complying with a demand to abstain from an action he has no duty to take — except that the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be. Source: Haw. Rev. Stat. § 703-304(5)(b) |
|---|---|
| Castle doctrine (defending your home) | No duty to retreat from one's dwelling or place of work unless the actor was the initial aggressor (or, at work, is assailed by a co-worker at their shared place of work) (§ 703-304(5)(b)(i)). Deadly force for the protection of property is justifiable only if the person is attempting to dispossess the actor of the actor's dwelling otherwise than under a claim of right to its possession, or is attempting to commit felonious property damage, burglary, robbery or felonious theft and either has employed or threatened deadly force against or in the presence of the actor, or using less than deadly force would expose the actor or another person present to substantial danger of serious bodily injury (§ 703-306(3)). |
More Hawaii criminal law
- Felony Theft Amount and Penalties in Hawaii
- Criminal Statutes of Limitations in Hawaii
- Bail, Pretrial Release and Public Defenders in Hawaii
- Assault Laws in Hawaii
- Battery Laws in Hawaii
- Domestic Violence Charges in Hawaii
- Shoplifting and Petty Theft in Hawaii
- Burglary and Robbery in Hawaii
- Vandalism Laws in Hawaii
- Trespassing Laws in Hawaii
- Drug Possession Laws in Hawaii
- Hit and Run Laws in Hawaii
- Reckless Driving in Hawaii
- Harassment and Stalking Laws in Hawaii
- Resisting Arrest in Hawaii
- Missing a Court Date in Hawaii
- Probation Violations in Hawaii
- Obstruction of Justice in Hawaii
- Perjury Laws in Hawaii
- Disorderly Conduct in Hawaii
- Indecent Exposure in Hawaii
- Prostitution and Solicitation Laws in Hawaii
- Gambling Laws in Hawaii
- Embezzlement Laws in Hawaii
- Fraud and Identity Theft in Hawaii
- Forgery Laws in Hawaii
- Blackmail and Extortion Laws in Hawaii
- Murder Laws in Hawaii
- Manslaughter Laws in Hawaii
- Child Endangerment Laws in Hawaii
- Arson Laws in Hawaii
- Animal Cruelty Laws in Hawaii
- Revenge Porn Laws in Hawaii
- Cyberbullying Laws in Hawaii
- Sexting Laws in Hawaii
- Money Laundering Laws in Hawaii
- Human Trafficking Laws in Hawaii
- Jaywalking Laws in Hawaii
- Open Container Law in Hawaii
- Underage Drinking and Fake ID Laws in Hawaii
- Driving on a Suspended License in Hawaii
- Driving Without a License in Hawaii
- Knife Laws in Hawaii
- Fireworks Laws in Hawaii
- Kidnapping Laws in Hawaii
- Criminal Threats Laws in Hawaii
- Car Theft Laws in Hawaii
- Receiving Stolen Property in Hawaii
- Drug Trafficking Laws in Hawaii
- Prescription Fraud Laws in Hawaii
- Vehicular Assault Laws in Hawaii
- Street Racing Laws in Hawaii
- Boating Under the Influence in Hawaii
- Insurance Fraud Laws in Hawaii
- Welfare and Unemployment Fraud in Hawaii
- Bribery Laws in Hawaii
- State Tax Evasion in Hawaii
- Sexual Assault Laws in Hawaii
- Child Sexual Abuse Laws in Hawaii
- Child Sexual Abuse Material Laws in Hawaii
- Online Solicitation of a Minor in Hawaii
- Sex Offender Registration in Hawaii
- Felon in Possession of a Firearm in Hawaii
- Computer Crime Laws in Hawaii
- Recording Laws in Hawaii
- False Police Report Laws in Hawaii
- Hate Crime Laws in Hawaii
- Parole Violations in Hawaii
- Violating a Protective Order in Hawaii
- Juveniles Tried as Adults in Hawaii
- The Death Penalty in Hawaii
- Voting Rights After a Felony in Hawaii
- Restoring Civil Rights After a Felony in Hawaii
- Three Strikes and Habitual Offender Laws in Hawaii
- Delta-8 and Hemp THC Laws in Hawaii
- Psilocybin Laws in Hawaii
- CBD Laws in Hawaii
- Tobacco and Vaping Laws in Hawaii
- Elder Abuse Laws in Hawaii
- Voyeurism Laws in Hawaii
- Assault on a Police Officer in Hawaii
- All Hawaii criminal law rules
FAQ
Is Hawaii a stand your ground state?
Hawaii has a duty to retreat outside the home and workplace. Deadly force is not justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it, or by complying with a demand to abstain from an action he has no duty to take — except that the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be.
Does Hawaii have a castle doctrine?
No duty to retreat from one's dwelling or place of work unless the actor was the initial aggressor (or, at work, is assailed by a co-worker at their shared place of work) (§ 703-304(5)(b)(i)). Deadly force for the protection of property is justifiable only if the person is attempting to dispossess the actor of the actor's dwelling otherwise than under a claim of right to its possession, or is attempting to commit felonious property damage, burglary, robbery or felonious theft and either has employed or threatened deadly force against or in the presence of the actor, or using less than deadly force would expose the actor or another person present to substantial danger of serious bodily injury (§ 703-306(3)).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.