HAR §7-9-17
HAR §7-9-17. Discharging; willfully, under such circumstances as to endanger life
Cite as Haw. Code R. § 7-9-17
(a) A model specification for the offense of firearm, discharging; willfully, under such circumstances as
to endanger life shall be as follows:
"In that _____________________ did, (at) (on board) _____________________, on or about
_____________________ 19__, wrongfully and willfully discharge a firearm. to wit:
_____________________. (in the mess hall of) (under such circumstances as to endanger human
life)."
(b) The elements of the offense of firearm, discharging; willfully, under such circumstances as to
endanger life shall be as follows:
(1) That, at the time and place alleged, the accused discharged a firearm;
(2) That the discharge was willful and wrongful;
(3) That the discharge was under circumstances such as to endanger human life; and
(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order
and discipline in the military forces.
(c) As used in this section:
An act is done "willfully" if done intentionally or on purpose;
"Under circumstances such as to endanger human life," means that there must be a reasonable possibility
of harm to human beings. Proof that human life was actually endangered is not required.
[Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155)
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§7-9-18 Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or
official.
Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 9: General Article
State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 13 of 23)
(a) A model specification of the offense of impersonating a commissioned warrant, noncommissioned, or
petty officer, or an agent or official shall be as follows:
"In that _____________________ did, (at) (on board) _____________________, on or about
_____________________ 19__, wrongfully, willfully, and unlawfully impersonate [a
(commissioned officer) (warrant officer) (noncommissioned officer) (petty officer) (agent of
superior authority) of the (Army) (Navy) (Marine Corps) (Air Force) (Coast Guard)] [an official of
the government of _____________________] by [publicly wearing the uniform and insignia of
rank of a (lieutenant of the _____________________) (_____________________) or showing the
credentials of _____________________] [_____________________]."
(b) The elements of the offense of impersonating a commissioned officer, warrant, non-commissioned, or
petty officer, or an agent or official shall be as follows:
(1) That, at the time and place alleged, the accused impersonated a commissioned, warrant,
noncommissioned, or petty officer, or agent of superior authority of the state military forces or any
of the armed forces of the United States by publicly wearing the uniform and insignia of the rank
of a commissioned, warrant, noncommissioned or petty officer or agent of superior authority of the
state military forces or any of the armed forces of the United States or showing credentials of that
person.
(2) That this impersonation was wrongful, wilful, and unlawful;
(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, the term "impersonate" means to assume or act the person or role of another.
[Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155)
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