Haw. Pattern Jury Instr. (Criminal) 9.42A

RELATIVE OF A CHILD LESS THAN AGE 11:

H.R.S. § 707-726(1)(b)

(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 intentionally or knowingly

[takes] [entices] [conceals] [detains] a child less than eleven

years old from that child's lawful custodian, knowing that the

relative had no right to do so.

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 was a relative of the child; and

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

relative of the child and that the child was less than eleven

years old; and

3. That the Defendant intentionally or knowingly [took]

[enticed] [concealed] [detained] the child from that child's

lawful custodian; and

4. That the Defendant knew that he/she had no right to do

so.