Haw. Pattern Jury Instr. (Criminal) 9.31C

Defendant Ordered to Leave Premises:

H.R.S. § 707-716(1)(f)(ii)

[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], the person threatened is protected

by an order of a police officer requiring the Defendant to leave

the premises of the protected person pursuant to section 709-

906(4) of the Hawaii Revised Statutes, and the threat was made

during the effective period of the order.

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 protected by an order

of a police officer requiring the Defendant to leave the

premises of the protected person pursuant to section 709-906(4)

of the Hawaii Revised Statutes; and

4. That the threat was made during the effective period

of the order; and

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

as to elements 3 and 4.

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.

An order of a police officer requiring the Defendant to

leave the premises of the protected person pursuant to section

709-906(4) of the Hawaii Revised Statutes is effective for

twenty-four hours after a written warning citation stating the

date, time, and location of the warning and the penalties for

violating it is given to the Defendant. [If the incident occurs

after 12:00 p.m. on any Friday, or on any Saturday, Sunday, or

legal holiday, the order to leave the premises is effective

immediately upon the defendant’s receipt of the written warning

citation, but the twenty-four hour period shall be extended

until 4:30 p.m. on the first day following the weekend or legal

holiday.]

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

another.]