HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 12.01A
Inference, Affirmative Defense and Lack of Defense:
IMPERSONATING A LAW ENFORCEMENT OFFICER:
HRS §§ 710-1016.8, 710-1016.9
A. Inference
If you find beyond a reasonable doubt that the Defendant
was not a law enforcement officer, and that he/she wore [the
uniform or displayed the badge or identification card of a law
enforcement officer] [a uniform or displayed a badge or
identification card resembling the uniform, badge or
identification card of a law enforcement officer] [a badge or
identification card that purported to be a law enforcement
officer's badge or identification card], you may, but are not
required to, infer that the Defendant pretended to be a law
enforcement officer. If you do so infer, you must nevertheless
consider all the evidence in the case in determining whether the
State has proven beyond a reasonable doubt that the Defendant
pretended to be a law enforcement officer.
B. Affirmative Defense
It is an affirmative defense to a prosecution for
Impersonating a Law Enforcement Officer that the Defendant was
employed by the State or a subdivision thereof or by the United
States as a law enforcement officer at the time of the conduct
charged.
C. Not a Defense
It is not a defense to a prosecution for Impersonating a
Law Enforcement Officer that the office the person pretended to
hold did not in fact exist.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
e6ab0edb5b0549bd2441b055d525d8a9afdcf8a035fd88a3a6b0ce070194e6f5
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