HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 9.41B
AFFIRMATIVE DEFENSE: CUSTODIAL INTERFERENCE
IN THE FIRST DEGREE: H.R.S. § 707-726(2)
(Applicable to offenses occurring on or after June 12, 1996)
It is an affirmative defense to a charge of Custodial
Interference that the Defendant had good cause for the
[violation of the domestic abuse protective court order]
[taking, detaining, concealing, or enticing away of the minor]
[removing the minor from the State]; provided that the Defendant
filed a report with the clerk of the family court detailing the
whereabouts of the minor and the Defendant, and the
circumstances of the event as soon as the filing of the report
was practicable; and also filed a request for a custody order as
soon as the filing of the request was practicable.
"Good cause" means a good faith and reasonable belief that
the taking, detaining, concealing, enticing away, or removing of
the minor is necessary to protect the minor from immediate
bodily injury.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
21c7bdd171ce145f39970b3962b7eb2bddeca74e08266bea35c11f523072e9bd
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