Haw. Pattern Jury Instr. (Criminal) 11.06A

Presence of a Household Member Less than 14 Years of

Age:H.R.S. § 709-906(1) and (9)

(Applicable to offenses occurring on or after June 20, 2014)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant's name), is charged with the offense

of Abuse of Family or Household Members in the Presence of a

Household Member Less than 14 Years of Age.

A person commits the offense of Abuse of Family or

Household Members in the Presence of a Household Member Less

than 14 Years of Age if he/she intentionally, knowingly, or

recklessly physically abuses a family or household member in the

presence of any family or household member who is less than

fourteen years of age.

There are four material elements of the offense of Abuse of

Family or Household Members in the Presence of a Household

Member Less than 14 Years of Age, 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 physically abused (name of

complainant); and

2. That the Defendant did so in the presence of (name of

witness), who was less than 14 years of age; and

3. That, at that time, (name of complainant) and (name of

witness) were family or household members of the Defendant; and

4. That the Defendant acted intentionally, knowingly, or

recklessly as to each of the foregoing elements.

“Family or household member” means spouses or reciprocal

beneficiaries, former spouses or reciprocal beneficiaries,

persons who have a child in common, parents, children, persons

related by consanguinity, and persons jointly residing or

formerly residing in the same dwelling unit.