Home / Jury instructions / HAWJIC 12.21
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:
Verify against the current official HAWJIC compendium.