Abuse of Family or Household Members – Impeding

Abuse of Family or Household Members – Impeding Breathing or Circulation: H.R.S. § 709-906(8) [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 physically abuses a family or household member by intentionally or knowingly impeding the normal breathing or circulation of the blood of that person by applying pressure on his/her throat or neck. 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 the Defendant did so by impeding the normal breathing or circulation of the blood of (name of complainant) by applying pressure on his/her throat or neck; and 3. That, at that time, the Defendant and (name of complainant) were family or household members; and 4. That the Defendant acted intentionally or knowingly 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. Notes H.R.S. §§ 709-906 (1) and (8), 702-206 (1) and (2). 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. * Effective 7/1/97—Act 383, Hawai`i Session Laws 1997 ** Effective 7/1/98—Act 172, Hawai`i Session Laws 1998