HAR §7-9-25

HAR §7-9-25. Restriction, breaking

Last amended: 1985Length: 171 wordsOfficial source

Cite as Haw. Code R. § 7-9-25

(a) A model specification of the offense of restriction, breaking, shall be as follows: 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 18 of 23) "In that _____________________, having been duly restricted to the limits of _____________________, did, (at) (on board) _____________________, on or about _____________________ 19__, break said restriction." (b) The elements of the offense of restriction, breaking shall be as follows: (1) That the accused was duly restricted by proper authority to certain limits; (2) That the accused knew of the accused's restriction and the limits thereof; (3) That, at the time and place alleged, the accused went beyond the limits of the restriction before the accused had been set free by proper authority; and (4) 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)