Haw. Pattern Jury Instr. (Criminal) 11.07A

to Third Offense Within Two Years: H.R.S. § 709-906(7)

[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.

A person commits the offense of Abuse of Family or

Household Members if he/she intentionally, knowingly, or

recklessly physically abuses a family or household member, and

the Defendant had previously been convicted two or more times of

misdemeanor offenses, the last of which occurred within two

years of the date of the charged offense.

There are four material elements of the offense of Abuse of

Family or Household Members, 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, at that time, the Defendant and (name of

complainant) were family or household members; and

3. That, at that time, the Defendant had two or more

misdemeanor convictions, the last of which occurred within two

years of (specify date); 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 in a dating relationship, 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.

“Physically abuse” means to engage in conduct that injures,

hurts, or damages a person’s body.