CUSTODIAL INTERFERENCE IN THE FIRST DEGREE – REMOVES MINOR FROM THE STATE

CUSTODIAL INTERFERENCE IN THE FIRST DEGREE – REMOVES MINOR FROM THE STATE: H.R.S. § 707-726(1)(a) (Applicable to offenses occurring on or after June 12, 1996) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Custodial Interference in the First Degree. A person commits the offense of Custodial Interference in the First Degree if he/she intentionally or knowingly [violates a domestic abuse protective court order] [takes, entices, conceals, or detains the minor from any other person who has a right to custody pursuant to a court order, judgment, or decree] and removes the minor from the State of Hawai`i. There are four elements of the offense of Custodial Interference in the First Degree, 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 removed the minor from the State of Hawai`i; and 2. That the Defendant [violated a domestic abuse protective court order] [took, enticed, concealed or detained the minor from any other person who had a right to custody pursuant to a court order, judgment, or decree]; and 3. That the Defendant did so intentionally or knowingly; and 4. That the Defendant knew, at that time, the person was a minor. Notes H.R.S. §§ 707-726(1)(a), 702-206(1) and (2). For definition of states of mind, see instructions: For statutory affirmative defense to this offense, see instruction 9.41B.