Haw. Pattern Jury Instr. (Criminal) 13.00

TABLE OF INSTRUCTIONS17

12A. CHAPTER 711 - OFFENSES AGAINST PUBLIC ORDER

12A.00 Definitions of Terms Used in Chapter 12A, Standard

Jury Instructions (9/1/04).

12A.01 RESERVED (9/1/04)

12A.02 Aggravated Harassment by Stalking: H.R.S. § 711-

1106.4. (12/27/96, as 12.30; renumbered 9/1/04).

12A.03 Interference With the Operator of a Public Transit

Vehicle H.R.S. § 711-1112 (12/27/96, as 12.31;

renumbered 9/1/04).

12A.04 RESERVED (9/1/04)

12A.05 Violation of Privacy 1° H.R.S. § 711-1110.9 (9/1/04).

17 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.

12A. CHAPTER 711-- OFFENSES AGAINST PUBLIC ORDER

12A.00 DEFINITIONS OF TERMS USED IN CHAPTER 12A,

PATTERN JURY INSTRUCTIONS

"Animal" includes every living creature, except a human

being.

"Cruelty", "torture" or "torment" includes every act,

omission, or neglect whereby unjustifiable physical pain,

suffering, or death is caused or permitted.

"Facsimile" means a document produced by a receiver of

signals transmitted over telecommunication lines, after

translating the signals, to produce a duplicate of an original

document.

"Necessary sustenance" means care sufficient to preserve

the health and well-being of a pet animal, except for

emergencies or circumstances beyond the reasonable control of

the owner or caretaker of the pet animal, and includes but is

not limited to the following requirements:

(1) Food of sufficient quantity and quality to allow for

normal growth or maintenance of body weight;

(2) Open or adequate access to water in sufficient

quantity and quality to satisfy the animal's needs;

(3) Access to protection from wind, rain, or sun; and

(4) An area of confinement that has adequate space

necessary for the health of the animal and is kept

HAWJIC 12A.00 (09/01/04)

reasonably clean and free from excess waste or other

contaminants that could affect the animal's health.

"Obstructs" means renders impassable without unreasonable

inconvenience or hazard.

"Pet animal" means a dog, cat, rabbit, guinea pig, domestic

rat or mouse, or caged birds (passeriformes, piciformes, and

psittaciformes only).

"Private place" means a place where one may reasonably

expect to be safe from casual or hostile intrusion or

surveillance, but does not include a place to which the public

or a substantial group thereof has access.

"Public" means affecting or likely to affect a substantial

number of persons.

"Public place" means a place to which the public or a

substantial group of persons has access and includes highways,

transportation facilities, schools, places of amusement or

business, parks, playgrounds, prisons, and hallways, lobbies,

and other portions of apartment houses and hotels not

constituting rooms or apartments designed for actual residence.

"Record", for the purposes of sections 711-1110.9 and 711-

1111, means to videotape, film, photograph, or archive

electronically or digitally.

HAWJIC 12A.00 (09/01/04)

12A.01 [RESERVED]

HAWJIC 12A.01 (Reserved 09/01/04)

12A.02 AGGRAVATED HARASSMENT BY STALKING: H.R.S. § 711-1106.4

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

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

of Aggravated Harassment by Stalking.

A person commits the offense of Aggravated Harassment by

Stalking if with intent to harass, annoy, or alarm another

person, or in reckless disregard of the risk thereof, he/she

pursues or conducts surveillance upon another person without

legitimate purpose and under circumstances which would cause the

other person to reasonably believe that the actor intends to

cause [bodily injury to the other person or another] [damage to

the property of the other person or another], and the actor's

actions are in violation of [an existing court order, other than

one issued without prior notice to the actor, restraining the

actor from contacting, threatening, or physically abusing the

same person] [a condition of the actor's probation or pretrial

release involving the same person] and the actor has been

convicted previously under Hawai'i law of harassment by stalking

involving the same person.

There are five material elements of the offence of

Aggravated Harassment by Stalking, each of which the prosecution

must prove beyond a reasonable doubt.

HAWJIC 12A.02 (Renumbered 09/01/04)

These five elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant pursued or conducted

surveillance upon the other person without legitimate purpose;

and

2. That the Defendant did so under circumstances which

would cause the other person to reasonably believe that the

Defendant intended to cause [bodily injury to the other person

or another] [damage to the property of the other person or

another]; and

3. That the Defendant did so with the intent to harass,

annoy, or alarm the other person, or in reckless disregard of

the risk thereof; and

4. That Defendant's actions were in violation of [an

existing court order, other than one issued without prior notice

to the Defendant, restraining the Defendant from contacting,

threatening, or physically abusing the same person] [a condition

of Defendant's probation or pretrial release involving the same

person]; and

5. That the Defendant had been convicted previously under

Hawai'i law of harassment by stalking involving the same person.