CUSTODIAL INTERFERENCE IN THE FIRST DEGREE – MINOR LESS THAN AGE 11

CUSTODIAL INTERFERENCE IN THE FIRST DEGREE – MINOR LESS THAN AGE 11: H.R.S. § 707-726(1)(b) (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 [takes] [entices] [conceals] [detains] a minor less than eleven years old from that minor's lawful custodian, knowing that the person had no right to do so. There are three elements of the offense of Custodial Interference 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 intentionally or knowingly [took] [enticed] [concealed] [detained] the minor from that minor's lawful custodian; and 2. That the Defendant knew that he/she had no right to do so; and 3. That the Defendant knew, at that time, the minor was less than eleven years old. Notes H.R.S. §§ 707-726(1)(b), 702-206(1) and (2). For definition of states of mind, see instructions: For statutory affirmative defense to this offense, see instruction 9.41B.