§703-303  Execution of public duty. 
(1)  Except as provided in subsection (2), conduct is justifiable when it is
required or authorized by:



(a) The law defining the duties or functions of a
public officer or the assistance to be rendered to a public officer in the
performance of the public officer's duties; or



(b) The law governing the execution of legal process;
or



(c) The judgment or order of a competent court or
tribunal;



(d) The law governing the armed services or the
lawful conduct of war; or



(e) Any other provision of law imposing a public
duty.



(2)  The other sections of this chapter apply
to:



(a) The use of force upon or toward the person of
another for any of the purposes dealt with in those sections; and



(b) The use of deadly force for any purpose, unless
the use of deadly force is otherwise expressly authorized by law or occurs in
the lawful conduct of war.



(3)  The justification afforded by subsection
(1) applies:



(a) When the actor believes the actor's conduct to be
required or authorized by the judgment or direction of a competent court or
tribunal or in the lawful execution of legal process, notwithstanding lack of
jurisdiction of the court or defect in the legal process; and



(b) When the actor believes the actor's conduct to be
required or authorized to assist a public officer in the performance of the
officer's duties, notwithstanding that the officer exceeded the officer's legal
authority. [L 1972, c 9, pt of §1; gen ch 1993]



 



COMMENTARY ON §703-303



 



  This section broadly sets forth the circumstances in which
conduct which would otherwise constitute an offense is justifiable because it
is done in the course of public duty.  Subsection (1) requires reference to
other statutory provisions, as well as to judgments of courts, in order to
ascertain what conduct is permissible.  For example, if a statutory provision
permits a door to be broken down in the execution of legal process, no offense
is committed thereby.



  Subsection (2) makes the other provisions of Chapter 703
applicable to the use of force against the person for any of the purposes dealt
with in Chapter 703 and to any use of deadly force other than that expressly
authorized by law or occurring in the lawful conduct of war.  As will be seen,
the sections on the use of force and deadly force against another's person have
been worded so as to apply to any actor, including a public official. 
Subsection (2) therefore assures that this chapter will control such activity
in preference to contrary provisions of other statutes.



  Subsection (3) permits use of the defense in cases in which
the actor believes the actor's conduct is required or authorized, despite some
defect either in the authority which appears to demand or authorize it.



  The section elaborates previous Hawaii law.  Force necessary
to acquire entry has previously been permitted by Hawaii law when a public
officer was seeking to execute a court order to seize property,[1] to search
under a search warrant,[2] or to enter to arrest.[3]  As subsection (1)(a) and
(b) point out, such prior statutes describe conduct which will be considered as
justified under this section.



 



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§703-303 Commentary:



 



1.  H.R.S. §654-3.



 



2.  Id. §803-37.



 



3.  Id. §803-11; see Hubertson v. Cole, 1 Haw. 72, 73 (1849).