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HAWJIC 12.21

INTIMIDATING A WITNESS

Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 739

Statutes:§710-1071

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

material elements of the offense of Intimidating a Witness, 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] [directed a threat to] a [witness] [person he/she believed is about to be called as a witness] in any official proceeding; and 2. That the Defendant did so with the intent to [influence the testimony of that person] [induce that person to avoid legal process summoning him/her to testify] [induce that person to absent himself/herself from an official proceeding to which he/she has been legally summoned]. "Threat" means (specify threat defined by H.R.S. § 707-764(1)).
INTIMIDATING A WITNESS: H.R.S. § 710-1071 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Intimidating a Witness. A person commits the offense of Intimidating a Witness if he/she [uses force upon] [directs a threat to] a [witness] [person he/she believes is about to be called as a witness] in any official proceeding, with intent to [influence the testimony of that person] [induce that person to avoid legal process summoning him/her to testify] [induce that person to absent himself/herself from an official proceeding to which he/she has been legally summoned]. There are two material elements of the offense of Intimidating a Witness, 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] [directed a threat to] a [witness] [person he/she believed is about to be called as a witness] in any official proceeding; and 2. That the Defendant did so with the intent to [influence the testimony of that person] [induce that person to avoid legal process summoning him/her to testify] [induce that person to absent himself/herself from an official proceeding to which he/she has been legally summoned]. "Threat" means (specify threat defined by H.R.S. § 707-764(1)). Notes H.R.S. §§ 710-1071, 707-764(1), 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instruction:

Notes & authorities

H.R.S. §§ 710-1071, 707-764(1), 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instruction:

Also references

Verify against the current official HAWJIC compendium.