HAR §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 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 17 of 23) property. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP