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HAWJIC 12.22
TAMPERING WITH A WITNESS
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 741
Statutes:§710-1072
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Tampering with 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 engaged in conduct to induce a
[witness] [person he/she believes is about to be called as a witness] in an official proceeding to [testify falsely]
[withhold any testimony which he/she is not privileged to withhold] [absent himself/herself from any official proceeding to which he/she has been legally summoned]; and
2. That the Defendant did so intentionally.
TAMPERING WITH A WITNESS: H.R.S. § 710-1072
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Tampering with a Witness. A person commits the offense of Tampering with a Witness if he/she intentionally engages in conduct to induce a [witness]
[person he/she believes is about to be called as a witness] in any official proceeding to [testify falsely] [withhold any testimony which he/she is not privileged to withhold] [absent himself/herself from any official proceeding to which he/she has been legally summoned].
There are two material elements of the offense of Tampering with 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 engaged in conduct to induce a
[witness] [person he/she believes is about to be called as a witness] in an official proceeding to [testify falsely]
[withhold any testimony which he/she is not privileged to withhold] [absent himself/herself from any official proceeding to which he/she has been legally summoned]; and
2. That the Defendant did so intentionally.
Notes H.R.S. §§ 710-1072, 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.