Haw. Pattern Jury Instr. (Criminal) 12.00

TABLE OF INSTRUCTIONS16

12. CHAPTER 710 -- OFFENSES AGAINST PUBLIC ADMINISTRATION

Instructions (4/19/96).

H.R.S. § 710-1010.5 (5/4/09).

710- 1016.6 (4/19/96).

Impersonating a Law Enforcement Officer H.R.S. § 710-

1016.8, 710-1016.9 (4/19/96, 6/29/00).

710- 1016.7 (4/19/96).

H.R.S. § 710-1022(1)(a) (4/19/96).

1022(1)(a) (4/19/96).

in a Facility -- Dangerous Instrument H.R.S. § 710-

1022(1)(b) (4/19/96).

in a Facility -- Drug H.R.S. § 710-1022(1)(b)

(4/19/96)

710- 1023(1)(a) (4/19/96).

in a Facility -- Contraband H.R.S. § 710-1023(1)(a)

(4/19/96).

(4/19/96).

(4/19/96).

§ 710-1040(1)(b) (4/19/96).

16 The original instructions approved and published in Volume I in December

1991 are not dated. New or amended instructions in Volumes I and II reflect

the Supreme Court’s approval date in parentheses.

Retraction and Lack of Defense: Perjury H.R.S. §§ 710-

1064, 710-1068 (4/19/96).

1070(1) (4/19/96).

H.R.S. § 710-1070(2) (4/19/96).

(4/19/96).

(4/19/96).

(4/19/96).

[12.30 Aggravated Harassment by Stalking H.R.S. § 711-1106.4

(12/27/96)(Renumbered 9/1/04. See 12A.02).]

[12.31 Interference With the Operator of a Public Transit

Vehicle H.R.S. § 711- (12/27/96)(Renumbered 9/1/94.

See 12A.03.]

[12.32A Violation of Privacy 1° (Installation) H.R.S. § 711-

1110.0 (12/19/03)(Deleted 9/1/04. See 12A.05).]

[12.32B Violation of Privacy 1° (Use) H.R.S. § 711-1110.9

(12/19/03)(Deleted 9/1/04. See 12A.05).]

STANDARD JURY INSTRUCTIONS

"benefit" means gain or advantage, or anything regarded by the

beneficiary as gain or advantage, including benefit to any other

person or entity in whose welfare he/she is interested.

"custody" means restraint by a public servant pursuant to

arrest, detention, or order of a court.

"detention facility" means any place used for the confinement of

a person arrested for, charged with, or convicted of a criminal

offense, or otherwise confined pursuant to an order of a court.

"juror" means any person who is a member of any jury, including

a grand jury, impaneled by any court of this State or by any

public servant authorized by law to impanel a jury, and also

includes any person who has been drawn or summoned to attend as

a prospective juror.

"law enforcement officer" means any public servant, whether

employed by the State or subdivision thereof or by the United

States, vested by law with a duty to maintain public order or,

to make arrests for offenses or to enforce the criminal laws,

whether that duty extends to all offenses or is limited to a

specific class of offenses.

"materially false statement" means any false statement,

regardless of its admissibility under the rules of evidence,

which could have affected the course or outcome of the

proceeding; whether a falsification is material in a given

factual situation is a question of law.

"oath" includes an affirmation and every other mode authorized

by law of attesting to the truth of that which is stated, and,

for the purposes of this chapter, written statements shall be

treated as if made under oath if:

(a) the statement was made on or pursuant to a form

bearing notice, authorized by law, to the effect that

false statements made therein are punishable; or

(b) the statement recites that it was made under oath or

affirmation, the declarant was aware of such

recitation at the time he made the statement and

intended that the statement should be represented as a

sworn statement, and the statement was in fact so

represented by its delivery or utterance with the

signed jurat of an officer authorized to administer

oaths appended thereto.

"oath required or authorized by law" means an oath the use of

which is specifically provided for by statute or appropriate

regulatory provision.

"official proceeding" means a proceeding heard or which may be

heard before any legislative, judicial, administrative, or other

governmental agency or official authorized to take evidence

under oath, including any referee, hearing examiner,

commissioner, notary, or other person taking testimony or

deposition in connection with any such proceeding.

"pecuniary benefit" is benefit in the form of money, property,

commercial interests, or anything else the primary significance

of which is economic gain.

"public servant" means any officer or employee of any branch of

government, whether elected, appointed, or otherwise employed,

and any person participating as advisor, consultant, or

otherwise, in performing a governmental function, but the term

does not include jurors or witnesses.