RETALIATING AGAINST A WITNESS

RETALIATING AGAINST A WITNESS: H.R.S. § 710-1072.2 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Retaliating Against a Witness. A person commits the offense of Retaliating Against a Witness if he/she [uses force upon] [threatens] [damages the property of] a witness or another person because of the attendance of the witness, or any testimony given, or any record, document, or other object produced, by the witness in an official proceeding. There are two material elements of the offense of Retaliating Against 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 intentionally, knowingly or recklessly [used force upon] [threatened] [damaged the property of] a witness or another person; and 2. That the Defendant did so because of the attendance of the witness, or any testimony given, or any record, document, or other object produced, by the witness in an official proceeding. "Threaten" means (specify threat defined by H.R.S. § 707- 764(1) and (2)). Notes H.R.S. §§ 710-1072.2, 707-764(1) and (2), 702-206(1), (2) and (3). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 710, see instruction: