Self Defense laws

Hawaiʻi Self-Defense & Use-of-Force Laws (HRS §§703-300–703-310)

Educational summary only — not legal advice. Hawaiʻi’s justification laws (Chapter 703) explain when force may be used to defend yourself, defend others, or protect property. The key idea throughout is reasonable belief and strict limits on deadly force.

1) “Belief” must be reasonable

When the law says someone “believes” something, it means they reasonably believe it. Your belief must make sense to a reasonable person in the same situation — not just to you.

2) Force vs. deadly force

Force includes physical contact, restraint/confinement, or threats. Deadly force is force intended to cause death/serious injury (or that creates a substantial risk of it). Intentionally firing a firearm toward someone is deadly force. Simply threatening deadly force (like displaying a weapon) is not “deadly force” if your intent is only to warn and defend if necessary.

3) Self-defense — and what “complete safety” means

You may use force if you reasonably believe it is immediately necessary to protect yourself from unlawful force. You may use deadly force only if you reasonably believe it is necessary to prevent death, serious bodily injury, kidnapping, rape, or forcible sexual assault.

Deadly force is not justified if you know you can avoid it with “complete safety” by retreating, surrendering property to someone claiming a right to it, or complying with a demand to stop doing something you have no duty to do.

“Complete safety” means more than a chance of escape. It means retreating or complying would not expose you (or others) to any real risk of death or serious injury and would not reasonably increase danger during the escape or compliance. If retreating would still leave you vulnerable, chased, cornered, or attacked, then “complete safety” does not exist. Generally, you are not required to retreat from your home, and there are limited workplace protections, unless you were the initial aggressor.

4) Provoking a confrontation

If you start a confrontation intending to cause death or serious bodily injury, you can lose the right to claim self-defense if the situation escalates.

5) Defending other people — and “complete safety”

You may use force to protect another person if you reasonably believe that person would be justified in defending themselves and you reasonably believe your intervention is necessary.

You are not required to retreat or comply before helping another person unless you know doing so would secure that person’s complete safety. If you know you can protect them completely by persuading them to retreat, surrender property, or comply, you must try to do so before using force. If those steps would still leave them at risk, the law does not require it.

6) Protecting property

You may use limited force to prevent trespass, theft, or property damage. You usually must tell the person to stop first, unless that would be dangerous, pointless, or would allow substantial harm before the request could work. Deadly force to protect property is allowed only in narrow situations and is generally not permitted unless serious felony conditions and serious danger are involved.

7) Justification is a criminal defense, not immunity

Even if conduct is justified under criminal law, it does not automatically prevent civil lawsuits.

8) Carelessness can defeat justification (§703-310)

If you were reckless or negligent in forming your belief that force was necessary (or in failing to learn important facts), the justification defense may not apply to offenses where recklessness or negligence is enough to convict. Also, if you recklessly or negligently injure an innocent person, justification does not protect you from liability for that reckless/negligent harm.

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Disclaimer: This summary is for general educational purposes only and does not constitute legal advice. Laws change and how they apply depends on specific facts. For authoritative guidance, consult the official Hawaiʻi Revised Statutes and qualified legal counsel.