Haw. Pattern Jury Instr. (Criminal) 7.15

FOR CARE, DISCIPLINE, OR SAFETY OF OTHERS – MINORS AND

INCOMPETENT PERSONS: H.R.S. § 703-309(1) and (3)

Justifiable use of force a person with special

responsibility for care, discipline, or safety of others is a

defense to the charge of (specify charge and its included

offenses) when all of the following circumstances are present:

(1) The Defendant was a [parent of a minor] [guardian of a

minor] [person similarly responsible to a parent or

guardian for the general care and supervision of a

minor] [person acting at the request of the parent,

guardian, or other responsible person of a minor]

[guardian of an incompetent person] [other person

similarly responsible to a guardian for the general

care and supervision of an incompetent person];

(2) The Defendant’s use of force was employed with due

regard to the age and size of the [minor] [incompetent

person] and was reasonably related to the purpose of

safeguarding or promoting the welfare of the [minor]

[incompetent person], including [the prevention or

punishment of misconduct of the minor] [the prevention

of the incompetent person’s misconduct] [the

maintenance of reasonable discipline in a hospital or

other institution responsible for the incompetent

person’s care and custody]; and

(3) The force used was not designed to cause, or known to

create a risk of causing, substantial bodily injury,

disfigurement, extreme pain or mental distress, or

neurological damage.

The burden is on the prosecution to prove beyond a

reasonable doubt that the Defendant’s use of force was not

justified. If you unanimously find that the prosecution proved

beyond a reasonable doubt that any one of these three

circumstances did not exist, then the Defendant’s use of force

was not justified.

Where force is used for the purpose of punishing

misconduct, “reasonably related” means that the use of force

must be both reasonably proportional to the misconduct being

punished and reasonably believed necessary to protect the

welfare of the [minor] [incompetent person].