Haw. Code R. § 7-9-24 - Refusing, wrongfully, to testify

(a) A model specification for the offense of refusing, wrongfully, to testify shall be as follows:

"In that_____________________, being in the presence of (a) (an) [(general) (special; court-martial] [duly appointed board of officers] [officer taking a deposition] [_____________________of which_____________________was (military judge) (president), (_____________________), (and having been directed by the said_____________________to answer the following questions put to him/her as a witness, "_____________________" did, (at) (on board) on or about_____________________19__, wrongfully refuse (to qualify as a witness) (to answer said questions)."

(b) The elements of the offense of refusing, wrongfully, to testify shall be as follows:

(1) That the accused was in the presence of:

(A) A general or special court-martial;

(B) A duly appointed board of officers;

(C) An officer conducting an investigation under chapter 124A, HRS;

(D) An officer taking a deposition; or

(E) Other proceeding where testimony may be compelled;

(2) That the presiding official:

(A) Directed the accused to qualify as a witness; or

(B) Directed the accused, after the witness had qualified as a witness, to answer questions as a witness;

(3) That, at the time and place alleged, the accused refused to qualify as a witness or answer the questions;

(4) That the refusal was wrongful; and

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

Notes

Haw. Code R. § 7-9-24

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