BAIL JUMPING IN THE SECOND DEGREE

BAIL JUMPING IN THE SECOND DEGREE: H.R.S. § 710-1025 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Bail Jumping in the Second Degree. A person commits the offense of Bail Jumping in the Second Degree if he/she, having been released from custody by court order and upon condition that he/she will subsequently appear as ordered in connection with a charge of having committed a [misdemeanor] [petty misdemeanor], knowingly fails to appear as ordered. There are three material elements of the offense of Bail Jumping in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant knew he/she was released from custody by court order; and 2. That the Defendant knew he/she was ordered to appear in connection with a charge of having committed a [misdemeanor] [petty misdemeanor]; and 3. That the Defendant knowingly failed to appear. Notes H.R.S. §§ 710-1025, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instruction: H.R.S. § 710-1025 was amended by Act 017, effective April 23, 2004 that substituted "knowingly" for "intentionally." The Committee did not include in the instruction the statutory language "with or without bail" as this phrase is inclusive of all releases from custody by court order.