Abuse of Family or Household Members in the Presence of a Household Member Less than 14 Years of Age

Abuse of Family or Household Members in the Presence of a Household Member Less than 14 Years of Age:H.R.S. § 709-906(1) and (9) (Applicable to offenses occurring on or after June 20, 2014) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Abuse of Family or Household Members in the Presence of a Household Member Less than 14 Years of Age. A person commits the offense of Abuse of Family or Household Members in the Presence of a Household Member Less than 14 Years of Age if he/she intentionally, knowingly, or recklessly physically abuses a family or household member in the presence of any family or household member who is less than fourteen years of age. There are four material elements of the offense of Abuse of Family or Household Members in the Presence of a Household Member Less than 14 Years of Age, each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant physically abused (name of complainant); and 2. That the Defendant did so in the presence of (name of witness), who was less than 14 years of age; and 3. That, at that time, (name of complainant) and (name of witness) were family or household members of the Defendant; and 4. That the Defendant acted intentionally, knowingly, or recklessly as to each of the foregoing elements. “Family or household member” means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit. NOTES H.R.S. §§ 709-906(1) and (9), 702-206(1), (2), and (3). For definition of states of mind, see instructions: For definition of “reciprocal beneficiaries,” see H.R.S. § 572C-3. For degrees of consanguinity within which marriage is prohibited, see H.R.S.§ 572-1.