Haw. Pattern Jury Instr. (Criminal) 9.41C

RELATIVE OF MINOR: H.R.S. § 707-726(1)(a)

(Applicable to offenses that occurred on or before June 11, 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 a relative of a minor 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 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 was a relative of the minor

person; and

2. That the Defendant knew, at that time, he/she was a

relative of the person and that the person was a minor; and

3. 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

4. That the Defendant removed the minor from the State of

Hawai`i; and

5. That the Defendant did so intentionally or knowingly.