Haw. Pattern Jury Instr. (Criminal) 9.41

REMOVES MINOR FROM THE STATE:

H.R.S. § 707-726(1)(a)

(Applicable to offenses occurring on or after June 12, 1996)

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

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

of Custodial Interference in the First Degree.

A person commits the offense of Custodial Interference in

the First Degree if he/she intentionally or knowingly [violates

a domestic abuse protective court order] [takes, entices,

conceals, or detains the minor from any other person who has a

right to custody pursuant to a court order, judgment, or decree]

and removes the minor from the State of Hawai`i.

There are four elements of the offense of Custodial

Interference 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 removed the minor from the State

of Hawai`i; and

2. That the Defendant [violated a domestic abuse

protective court order] [took, enticed, concealed or detained

the minor from any other person who had a right to custody

pursuant to a court order, judgment, or decree]; and

3. That the Defendant did so intentionally or knowingly;

and

4. That the Defendant knew, at that time, the person was

a minor.