Haw. Pattern Jury Instr. (Criminal) 9.56

H.R.S. § 707-752

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

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

of Promoting Child Abuse in the Third Degree.

A person commits the offense of Promoting Child Abuse in

the Third Degree if he/she, knowing or having reason to know its

character and content, possesses [child pornography] [any [book]

[magazine] [periodical] [film] [videotape] [computer disk]

[electronically stored data] [material] that contains an image

of child pornography] [any pornographic material that [employs]

[uses] [contains] a minor [engaging] [assisting others to

engage] in sexual conduct].

There are three material elements of the offense of

Promoting Child Abuse in the Second Degree, each of which the

prosecution must prove beyond a reasonable doubt.

These three elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant possessed [child pornography]

[[a book] [a magazine] [a periodical] [a film] [a videotape] [a

computer disk] [electronically stored data] [material] that

contained an image of child pornography] [pornographic material

that [employed] [used] [contained] a minor [engaging] [assisting

others to engage] in sexual conduct]; and

2. That the Defendant knew or had reason to know that

he/she was doing so; and

3. That the Defendant knew or had reason to know the

character and content of the [child pornography] [[book]

[magazine] [periodical] [film] [videotape] [computer disk]

[electronically stored data] [material] that contained an image

of child pornography] [pornographic material that [employed]

[used] [contained] a minor [engaging] [assisting others to

engage] in sexual conduct].

“Child pornography” means any pornographic photograph,

film, video, picture, or computer-generated image or picture,

whether made or produced by electronic, mechanical, or other

means, which depicts a minor engaging in sexual conduct, or

which has been created, adapted, or modified to make it appear

that an identifiable minor is engaging in sexual conduct.

“Community standards” means the standards of the State of

Hawaii.

“Computer” means any electronic, magnetic, optical,

electrochemical, or other high-speed data processing device

performing logical, arithmetic, or storage functions, and

includes all computer equipment connected or related to such a

device in a computer system or computer network, but shall not

include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.

“Lascivious” means tending to incite lust, to deprave the

morals in respect to sexual relations, or to produce voluptuous

or lewd emotions in the average person, applying contemporary

community standards.

“Material” means any printed matter, visual representation,

or sound recording and includes, but is not limited to, books,

magazines, motion picture films, pamphlets, newspapers,

pictures, photographs, and tape or wire recordings.

“Minor” means any person less than eighteen years old.

“Pornographic” means all of the following are present:

(a) The average person, applying contemporary community

standards would find that, taken as a whole, the material

appeals to the prurient interest; and

(b) The material depicts or describes sexual conduct in a

patently offensive way; and

(c) Taken as a whole, the material lacks serious literary,

artistic, political, or scientific merit.

“Sadomasochistic abuse” means flagellation or torture by or

upon a person as an act of sexual stimulation or gratification.

“Sexual conduct” means acts of masturbation, homosexuality,

lesbianism, bestiality, sexual penetration, deviate sexual

intercourse, sadomasochistic abuse, or lascivious exhibition of

the genital or pubic area of a minor.

“Visual representation” refers to, but is not limited to,

undeveloped film and videotape and data stored on computer disk

or by electronic means that are capable of conversion into a

visual image.