Haw. Code R. § 7-9-23 - Public record, altering, concealing, removing, mutilating, obliterating, or destroying

(a) A model specification of the offense of public record, altering, concealing, removing, mutilating, obliterating, or destroying shall be as follows:

"In that_____________________did, (at) (on board)_____________________, on or about _____________________19__, willfully and unlawfully [(alter) (conceal) (remove) (mutilate) (obliterate) (destroy)] [appropriate with intent to (alter) (conceal) (remove) (mutilate) (obliterate) (destroy) (steal)] a public record, to wit:_____________________, [the (descriptive list) (rough deck log) (quarter-master's note book) of_____________________] [_____________________]."

(b) The elements of the offense of public record, altering, concealing, removing, mutilating, obliterating, or destroying shall be as follows:

(1) That, at the time and place alleged, the accused altered, concealed, removed, mutilated, obliterated, destroyed, or appropriated with the intent to alter, conceal, remove, mutilate, obliterate, destroy, or steal a public record;

(2) That the acts done to the public record was wilful and unlawful; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces.

(c) As used in this section:

"Willfully" means intentionally or on purpose;

"Appropriate" means to take;

"Intent to steal" means an intent to permanently deprive another person of the use and benefit of property.

Notes

Haw. Code R. § 7-9-23

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-155, 124A-171) (Imp: HRS § 124A-155)