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