Haw. Pattern Jury Instr. (Criminal) 9.30A

Emergency Medical Services Provider:

H.R.S. § 707-716(1)(d)

(Applicable to offenses occurring on or after May 21, 2007)

[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 the property of

another] [commit a felony] and the threat is against an

emergency medical services provider who was engaged in the

performance of duty.

There are five material elements of the offense of

Terroristic Threatening in the First Degree, each of which the

prosecution must prove beyond a reasonable doubt.

These five elements are:

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

(name of county), the Defendant threatened, 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 did so [with the intent to terrorize]

[in reckless disregard of the risk of terrorizing] another

person; and

3. That the person threatened was, at the time, an

emergency medical services provider; and

4. That the person threatened was, at the time, engaged in

the performance of duty; and

5. That the Defendant acted [intentionally] [recklessly] as

to elements 3 and 4.

“Emergency medical services provider” means any mobile

intensive care technician or emergency medical technician who is

certified or licensed by the State of Hawai'i, and physicians,

physician’s assistants, nurses, nurse practitioners, certified

registered nurse anesthetists, respiratory therapists,

laboratory technicians, radiology technicians, and social

workers providing services in the emergency room of a hospital.

The prosecution must also 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 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.]