Haw. Code R. § 7-9-29 - Threat, communicating

(a) A model specification for the offense of threat, communicating shall be as follows:

"In that_____________________did, (at) (on board)_____________________, on or about _____________________19__, wrongfully communicate_____________________to a threat to (injure_____________________by_____________________) (accused _____________________of having committed the offense of_____________________) (___________________________)."

(b) The elements of the offense of threat, communicating shall be as follows:

(1) That, at the time and place alleged, the accused communicated a threat;

(2) That the communication was made known to another;

(3) That the language used by the accused under the circumstances amounted to a clear and present determination or intent to injure the person, property, or reputation of another presently or in the future;

(4) That the communication was wrongful, and without justification or excuse; 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. § 7-9-29

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