Abuse of Family or Household Members – Third Offense

Abuse of Family or Household Members – 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, within two years of a second or subsequent conviction. 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 the Defendant had been previously convicted of a second or subsequent offense of Abuse of Family or Household Members within two years of (date of incident); 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.