OBSTRUCTION OF JUSTICE

OBSTRUCTION OF JUSTICE: H.R.S. § 710-1072.5 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Obstruction of Justice. A person commits the offense of Obstruction of Justice if he/she, when called as a witness and having been granted immunity pursuant to a court order, intentionally refuses to [testify] [be qualified as a witness] when duly directed to testify. There are four material elements of the offense of Obstruction of Justice, each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant was granted immunity pursuant to a court order; and 2. That the Defendant was duly directed to [testify] [be qualified as a witness]; and 3. That the Defendant refused to [testify] [be qualified as a witness]; and 4. That the Defendant did so intentionally. Notes H.R.S. §§ 710-1072.5, 702-206(1). For definition of states of mind, see instruction: The phrase "pursuant to a court order" has been substituted for the statutory language "pursuant to chapters 480 and 621C" as these chapters require issuance of a court order granting immunity. The Committee did not include in the instruction the statutory language "before or after having been" (qualified as a witness) as this phrase is inclusive of all periods of time relating to being qualified as a witness.