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