UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE

UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE: H.R.S. § 707-722 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Unlawful Imprisonment in the Second Degree. A person commits the offense of Unlawful Imprisonment in the Second Degree if he/she knowingly restrains another person. There are two material elements of the offense of Unlawful Imprisonment in the Second Degree, 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 restrained another person; and 2. That the Defendant did so knowingly. Notes H.R.S. §§ 707-722, 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instruction: Affirmative defenses to this misdemeanor offense are set forth in H.R.S. § 707-722(2) and (3).