HAR §7-9-7. Disorderly, drunkenness, in command, quarters, etc

, under service discrediting circumstances. (a) A model specification for the offense of disorderly, drunkenness, in command, quarters, etc., under service discrediting circumstances shall be as follows: "In that _____________________ was, (at) (on board) _____________________, on or about _____________________ 19__, (drunk) (disorderly) (drunk and disorderly) [in (command quarters) (station) (camp) (_____________________)] [on board ship] [in uniform in a public place, to wit: _____________________] [_____________________]." (b) The elements of the offense of disorderly, drunkenness, in command, quarters, etc., under service discrediting circumstances shall be as follows: (1) That, at the time and place alleged, the accused was drunk, disorderly or both: (A) In command quarters, station, camp; or other military facility; (B) On board ship, or aircraft; or, (C) In uniform in a public place or in a public place under military control; (2) 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: "Drunkenness" means any intoxication which is sufficient sensibly to impair the rational and full exercise of the mental or physical faculties; "Disorderly" means any disturbance of a quarrelsome, combative, or turbulent nature; "Public place" means a place frequented by the public, or some of the public, or as a place open to public view. It does not have to be a place open to everyone. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP 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 7 of 23) §7-9-8 Disorderly, drunkenness; incapacitating oneself for performance of duties through prior indulgence in intoxicating liquors. (a) A model specification of the offense of disorderly, drunkenness; incapacitating oneself for performance of duties through prior indulgence in intoxicating liquors shall be as follows: "In that _____________________ was, (at) (on board) _____________________, on or about _____________________ 19__, as a result of the previous indulgence in intoxicating liquor (drugs), incapacitated for the proper performance of his/her duties, to wit: _____________________." (b) The elements of the offense of disorderly, drunkenness; incapacitating oneself for performance of duties through prior indulgence in intoxicating liquors shall be as follows: (1) That the accused had certain duties to perform, as alleged; (2) That, at the time and place alleged, the accused was incapacitated for the proper performance of those duties; (3) That the incapacitation was the result of previous indulgence in intoxicating liquor or drugs, or both; (4) That the accused knew or should reasonably have known prior to the time of the accused's incapacitation that the accused had those duties to perform; 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