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HAWJIC 11.07A
Abuse of Family or Household Members – Stipulation as
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/29/14 · compendium p. 680
Statutes:§709-906
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Abuse of Family or Household Members, 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, at that time, the Defendant and (name of complainant) were family or household members; and
3. That, at that time, the Defendant had two or more misdemeanor convictions, the last of which occurred within two years of (specify date); 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 in a dating relationship, 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.
“Physically abuse” means to engage in conduct that injures, hurts, or damages a person’s body.
Abuse of Family or Household Members – Stipulation as to Third Offense Within Two Years: H.R.S. § 709-906(7)
[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. A person commits the offense of Abuse of Family or Household Members if he/she intentionally, knowingly, or recklessly physically abuses a family or household member, and the Defendant had previously been convicted two or more times of misdemeanor offenses, the last of which occurred within two years of the date of the charged offense.
There are four material elements of the offense of Abuse of Family or Household Members, 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, at that time, the Defendant and (name of complainant) were family or household members; and
3. That, at that time, the Defendant had two or more misdemeanor convictions, the last of which occurred within two years of (specify date); 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 in a dating relationship, 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.
“Physically abuse” means to engage in conduct that injures, hurts, or damages a person’s body.
Notes H.R.S. §§ 709-906 (1) and (7), 702-206(1), (2) and (3). For definition of states of mind, see instructions: For definition of “dating relationship,” see HRS § 586-1. 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.
Also references
Verify against the current official HAWJIC compendium.