PENAL CODE

 

OF THE

 

 

HAWAIIAN ISLANDS.

 

 

 

 

CHAPTER I.

 

DEFINITIONS OF SOME OF THE TERMS USED IN THIS CODE.

 

CONTENTS.

SECTION 1.   The term offense defined.

2.     The terms felony and crime defined.

3.     Malice defined.

4.     The terms or and.

5.     Words in the masculine gender, words in the singular or plural number, and words importing adults.

6.     Words in porting persons.

 

1.  The term offense, as used in this code, means the doing what a penal law forbids to be done, or omitting to do what it commands.

 

2.  The terms felony and crime, are, within the meaning of the provisions of this code, synonymous, and mean such offenses as are punishable with death, or imprisonment for a longer period than two years, or by the forfeiture of any civil or political right, and also larceny. Any offence not appearing to be a felony or crime is a misdemeanor.

 

3.  Malice in respect to the commission of any offense, except in cases where it is otherwise expressly provided or plainly intended, includes not only hatred, ill-will and desire of revenge; but cruelty of disposition or temper; and also a motive or desire of gain or advantage to the offender or another; or of doing a wrong or injury to any person or persons, or to the public. It also includes the acting with a heedless, reckless disregard or gross negligence of the life or lives, the health or personal safety, or legal rights or privileges of another or others, many or few, known or unknown: also the willful violation of a legal duty or obligation, and willful contravention of law.

 

4.  Each of the terms or and and, has the meaning of the other or of both, where the subject matter, sense and connection require such construction.

 

5.  Words in the masculine gender, signify both the masculine and feminine gender, and those in the singular or plural number signify both the singular and plural number, and words importing adults, signify youths or children, where, from the subject matter, the sense, and the connection in which the words are used, such construction appears to be intended.

 

6.  Words importing persons, for instance, another, others, any, any one, anybody, and the like, signify not only persons, but corporations, societies, communities, assemblies, inhabitants of a district or neighborhood, or persons known or unknown, and the public generally where it appears, from the subject matter, the sense, and the connection in which such words are used, that such construction is intended.