Haw. Pattern Jury Instr. (Criminal) 11.08

Breathing or Circulation: H.R.S. § 709-906(8)

[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 physically abuses a family or

household member by intentionally or knowingly impeding the

normal breathing or circulation of the blood of that person by

applying pressure on his/her throat or neck.

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 the Defendant did so by impeding the normal

breathing or circulation of the blood of (name of complainant)

by applying pressure on his/her throat or neck; and

3. That, at that time, the Defendant and (name of

complainant) were family or household members; and

4. That the Defendant acted intentionally or knowingly 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.