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HAWJIC 9.39
UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 350
Statutes:§707-721
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Unlawful Imprisonment in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant restrained another person; and
2. That the Defendant did so under circumstances which exposed the person to the risk of serious bodily injury; and
3. That the Defendant did so knowingly.
UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE: H.R.S. § 707-721(1)(a)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Unlawful Imprisonment in the First Degree. A person commits the offense of Unlawful Imprisonment in the First Degree if he/she knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury.
There are three material elements of the offense of Unlawful Imprisonment in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant restrained another person; and
2. That the Defendant did so under circumstances which exposed the person to the risk of serious bodily injury; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 707-721(1)(a), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instructions:
Also references
Verify against the current official HAWJIC compendium.