Haw. Pattern Jury Instr. (Criminal) 9.41A

REMOVES MINOR FROM THE STATE:

H.R.S. § 707-726(1)(c)

(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, in the absence of a court order

determining custody or visitation rights, intentionally or

knowingly [takes] [detains] [conceals] [entices away] a minor

with the intent to deprive another person or a public agency of

their right to custody, and removes the minor from the State of

Hawai`i.

There are five elements of the offense of Custodial

Interference 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 removed the minor from the State

of Hawai`i; and

2. That the Defendant, in the absence of a court order

determining custody or visitation rights, [took] [detained]

[concealed] [enticed away] a minor; and

3. That the Defendant did so intentionally or knowingly;

and

4. That the Defendant did so with the intent to deprive

another person or a public agency of their right to custody; and

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

a minor.