POSSESSION OR CONTROL OF A FIREARM OR AMMUNITION BY A FUGITIVE FROM JUSTICE

POSSESSION OR CONTROL OF A FIREARM OR AMMUNITION BY A FUGITIVE FROM JUSTICE: HRS § 134-7(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Possession of a Firearm or Ammunition for a Firearm by a Person Who is a Fugitive from Justice. A person commits the offense of Possession or Control of a Firearm or Ammunition for a Firearm by a Person Who is a Fugitive from Justice if he/she is a fugitive from justice and, at the time, possesses or controls any firearm or ammunition therefor. There are five material elements of the offense of Possession or Control of a Firearm or Ammunition for a Firearm by a Person Who is a Fugitive from Justice, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant knowingly [possessed] [controlled] the object in question; and 2. That the object in question was a firearm or ammunition for a firearm; and 3. That, at the time he/she [possessed] [controlled] the object in question, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that the object was a firearm or ammunition for a firearm; and 4. That, at that time, the Defendant was a fugitive from justice; and 5. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she was a fugitive from justice. Notes HRS §§ 134-7(a), 702-206(1), (2) and (3); State v. Jenkins, No. 22071, slip op. (Apr. 6, 2000). For definition of states of mind, see instructions: For definition of terms defined by HRS Chapter 134, see instructions: For statutory exemptions to HRS § 134-7(a), see instruction The words "at that time" have been added to elements four and five of the offense for clarity. The Committee was unable to agree on the applicable state of mind for ownership.