Haw. Pattern Jury Instr. (Criminal) 9.29

Common Scheme: H.R.S. § 707-716(1)(b)

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

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

of Terroristic Threatening in the First Degree.

A person commits the offense of Terroristic Threatening in

the First Degree if, [with the intent to terrorize] [in reckless

disregard of the risk of terrorizing] another person, he/she

threatens, by word or conduct, to [cause bodily injury to

another person] [cause serious damage or harm to property of

another] [commit a felony] by threats made in a common scheme

against different persons.

There are four material elements of the offense of

Terroristic Threatening in the First Degree, 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 made threats, by word or

conduct, to [cause bodily injury to another person] [cause

serious damage or harm to property of another] [commit a

felony*]; and

2. That the Defendant made each threat [with the intent

to terrorize] [in reckless disregard of the risk of terrorizing]

another person; and

3. That the threats were made in a common scheme against

different persons; and

4. That the Defendant acted [intentionally] [recklessly]

as to element 3.

The prosecution also must prove beyond a reasonable doubt

that the threat was objectively capable of causing fear of

bodily injury in a reasonable person at whom the threat was

directed and who was familiar with the circumstances under which

the threat was made, and:

(1) the threat on its face and in the circumstances in

which it was made must have been so clear, unconditional,

immediate, and specific as to the person threatened, that the

threat communicated a seriousness of purpose and an imminent

likelihood of being carried out; or

(2) the Defendant possessed the apparent ability to carry

out the threat, such that the threat was reasonably likely to

cause fear of bodily injury in (complainant’s name).

The relevant attributes** of the Defendant and

(complainant's name) must be taken into consideration in

determining whether the threat, under the circumstances, was

objectively capable of causing fear of bodily injury in a

reasonable person.

[“Property of another” includes the pets and livestock of

another.]