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HAWJIC 12.02

IMPERSONATING A LAW ENFORCEMENT OFFICER IN THE SECOND DEGREE

Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 699

Statutes:§710-1016.7

Material elements — the prosecution must prove each beyond a reasonable doubt

material elements of the offense of Impersonating a Law Enforcement Officer in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant pretended to be a law enforcement officer; and 2. That the Defendant did so with the intent to deceive.
IMPERSONATING A LAW ENFORCEMENT OFFICER IN THE SECOND DEGREE: H.R.S. § 710-1016.7 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Impersonating a Law Enforcement Officer in the Second Degree. A person commits the offense of Impersonating a Law Enforcement Officer in the Second Degree if he/she, with intent to deceive, pretends to be a law enforcement officer. There are two material elements of the offense of Impersonating a Law Enforcement Officer in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant pretended to be a law enforcement officer; and 2. That the Defendant did so with the intent to deceive. Notes H.R.S. §§ 710-1016.7, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instruction: For prima facie inference where the Defendant was not a law enforcement officer and wore a uniform of, or resembling a law enforcement officer, or displayed the badge or identification card of, or resembling or purporting to be a law enforcement officer's badge or identification card, see instruction 12.01A (paragraph A). For affirmative defense to Impersonating a Law Enforcement Officer, see instruction 12.01A (paragraph B). For circumstances not constituting a defense to Impersonating a Law Enforcement Officer, see instruction 12.01A (paragraph C).

Notes & authorities

H.R.S. §§ 710-1016.7, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instruction: For prima facie inference where the Defendant was not a law enforcement officer and wore a uniform of, or resembling a law enforcement officer, or displayed the badge or identification card of, or resembling or purporting to be a law enforcement officer's badge or identification card, see instruction 12.01A (paragraph A). For affirmative defense to Impersonating a Law Enforcement Officer, see instruction 12.01A (paragraph B). For circumstances not constituting a defense to Impersonating a Law Enforcement Officer, see instruction 12.01A (paragraph C).

Also references

Verify against the current official HAWJIC compendium.