Negligent homicide in Hawaii is a vehicle-related criminal charge that comes in three degrees, with penalties ranging from a one-year misdemeanor to a Class A felony carrying a mandatory 20-year prison term. Which degree applies depends on two things: how badly the driver’s conduct departed from reasonable care, and whether alcohol, drugs, a prior DUI, or a vulnerable victim were involved.
The Three Degrees and What They Carry
Each degree is tied to operating a vehicle. There is no general “negligent homicide” charge in Hawaii for non-vehicle deaths under these statutes.
First degree applies when a driver causes death either while under the influence of alcohol or drugs, or by negligently killing a vulnerable road user. It is a Class B felony with up to 10 years in prison and a fine of up to $25,000.1Justia. Hawaii Code 707-702.5 – Negligent Homicide in the First Degree2Justia. Hawaii Code 706-660 – Sentence of Imprisonment for Class B and C Felonies3Justia. Hawaii Code 706-640 – Authorized Fines
Second degree covers deaths caused by grossly negligent vehicle operation when the driver was sober. It is a Class C felony with up to five years in prison and a fine of up to $10,000. Second degree also captures cases where a sober driver kills a vulnerable road user through ordinary (“simple”) negligence rather than gross negligence.4Justia. Hawaii Code 707-703 – Negligent Homicide in the Second Degree
Third degree is a misdemeanor for causing a death through simple negligence behind the wheel. The maximum penalty is one year in jail and a $2,000 fine.5Justia. Hawaii Code 707-704 – Negligent Homicide in the Third Degree6Justia. Hawaii Code 706-663 – Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors
What Counts as Negligence Here
Hawaii’s criminal code defines negligence as failing to recognize a substantial and unjustifiable risk that your conduct will cause a particular result. You do not have to have intended harm, or even been aware of the danger. The question is whether you should have been aware of it, and whether your failure to perceive the risk was a gross deviation from what a law-abiding person would have noticed in the same situation.7Justia. Hawaii Code 702-206 – Definitions of States of Mind
That “gross deviation” standard is what first and second degree require. Third degree asks only for simple negligence, which is the ordinary civil standard. The distinction is doing real work in the statute: the same lapse that would be a misdemeanor against a motorist can become a Class C felony if the person killed was a pedestrian or cyclist.
When First Degree Jumps to a Class A Felony
A first-degree charge upgrades from Class B to Class A, and the stakes change dramatically, if any of these apply at the time of the fatal incident:
- You have one or more DUI convictions within the previous 15 years.
- You were driving in violation of a license suspension or revocation tied to a prior DUI.
- You meet Hawaii’s statutory definition of a “highly intoxicated driver.”
A Class A felony conviction for negligent homicide carries an indeterminate prison term of up to 20 years, and the court cannot suspend the sentence or grant probation.8Justia. Hawaii Code 706-659 – Sentence of Imprisonment for Class A Felonies That no-probation rule is the practical teeth of the upgrade.
Vulnerable Road Users Change the Charge
Hawaii builds protection for vulnerable road users directly into the degree structure. Killing one through negligent driving is automatically first degree. Killing one through simple negligence is automatically second degree, not the third-degree misdemeanor it would otherwise be.1Justia. Hawaii Code 707-702.5 – Negligent Homicide in the First Degree4Justia. Hawaii Code 707-703 – Negligent Homicide in the Second Degree
The definition is broader than most people assume. It covers:
- Pedestrians legally within a street or public highway
- Roadway workers in construction, maintenance, or emergency response, including police and firefighters
- Cyclists, moped riders, electric scooter riders, and people using wheelchairs or other personal mobility devices on the road
A sober driver who causes a crosswalk fatality through a momentary lapse can face a Class C felony on those facts alone.9Justia. Hawaii Code 707-700 – Definitions of Terms in This Chapter
How This Differs From Manslaughter
Negligent homicide and manslaughter sit on opposite sides of a line drawn by the defendant’s mental state. Manslaughter requires recklessness: conscious awareness of the risk and a decision to proceed anyway. Negligent homicide requires only negligence: you should have been aware of the risk but weren’t.10Justia. Hawaii Code 707-702 – Manslaughter
Manslaughter is a Class A felony with a 20-year maximum. A standard first-degree negligent homicide is a Class B felony with a 10-year maximum. In contested cases, whether the driver was consciously aware of the danger or merely inattentive is often the central fight, and the answer can mean a decade of difference in prison time.8Justia. Hawaii Code 706-659 – Sentence of Imprisonment for Class A Felonies
Consequences Beyond the Sentence
The statutory penalty is only part of what a conviction costs.
License Revocation
Hawaii courts must revoke the driver’s license of anyone convicted of negligent homicide at any degree. The revocation is mandatory and takes effect upon conviction regardless of whether prison or probation is imposed.11Justia. Hawaii Code 286-124 – Mandatory Revocation of License by a Court For a commercial driver, a vehicle-related negligent homicide conviction brings a one-year CDL disqualification for a first offense and a lifetime disqualification for a second under federal motor carrier regulations.
Firearms
A first- or second-degree conviction is a felony punishable by more than one year in prison, which triggers a permanent federal ban on possessing firearms or ammunition.12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A third-degree misdemeanor conviction does not.
Voting
A felony conviction suspends voting rights from sentencing until final discharge from the sentence. You can register and vote during probation or parole, however.13Office of Elections. Voters with a Felony Conviction A third-degree misdemeanor conviction does not affect voting rights.
Restitution
Courts must order restitution when the victim’s family requests it. In a negligent homicide case, that covers verified losses including funeral and burial expenses, medical costs incurred before death, and lost earnings the victim would have provided.14FindLaw. Hawaii Revised Statutes 706-646 – Restitution Restitution is set by actual losses rather than ability to pay, is suspended but not reduced while the defendant is incarcerated, and does not displace the family’s right to file a separate civil suit.
How Long Prosecutors Have to File Charges
Hawaii gives the state a limited window to bring charges. Miss the deadline and the case cannot move forward:15Justia. Hawaii Code 701-108 – Time Limitations
- Six years for a Class A felony (upgraded first degree)
- Three years for a Class B or C felony (standard first or second degree)
- Two years for a misdemeanor (third degree)
The clock typically runs from the date of the offense. When a victim dies weeks or months after the crash, the window may run from the date of death rather than the collision, which extends the time prosecutors have to charge.