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HAWJIC 12.15

INTIMIDATING A CORRECTIONAL WORKER

Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 724

Statutes:§710-1031

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

material elements of the offense of Intimidating a Correctional Worker, 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 used [force upon] [a threat of force directed to] a [correctional worker] [correctional worker's immediate family]; and 2. That the Defendant did so with intent to influence such worker's [conduct] [decision] [action] [abstention from action] as a correctional worker. "Correctional worker" means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole. "Threat" means any of the following: (a) cause bodily injury in the future to the person threatened or to any other person; or (b) cause damage to property; or (c) subject the person threatened or any other person to physical confinement or restraint.
INTIMIDATING A CORRECTIONAL WORKER: H.R.S. § 710-1031 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Intimidating a Correctional Worker. A person commits the offense of Intimidating a Correctional Worker if he/she uses [force upon] [a threat of force directed to] a [correctional worker] [correctional worker's immediate family] with intent to influence such worker's [conduct] [decision] [action] [abstention from action] as a correctional worker. There are two material elements of the offense of Intimidating a Correctional Worker, 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 used [force upon] [a threat of force directed to] a [correctional worker] [correctional worker's immediate family]; and 2. That the Defendant did so with intent to influence such worker's [conduct] [decision] [action] [abstention from action] as a correctional worker. "Correctional worker" means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole. "Threat" means any of the following: (a) cause bodily injury in the future to the person threatened or to any other person; or (b) cause damage to property; or (c) subject the person threatened or any other person to physical confinement or restraint. Notes H.R.S. §§ 710-1031, 702-206(1), 707-764(1)(a) through (c). For definition of states of mind, see instruction: For other definitions of "threat" not specified in this instruction, see H.R.S. § 707-764(1)(d) through (k).

Notes & authorities

H.R.S. §§ 710-1031, 702-206(1), 707-764(1)(a) through (c). For definition of states of mind, see instruction: For other definitions of "threat" not specified in this instruction, see H.R.S. § 707-764(1)(d) through (k).

Also references

Verify against the current official HAWJIC compendium.