reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-1 - General article; generally

Current through June, 2024
(a) Section
				124A-155, HRS,
				makes punishable all acts not specifically prescribed in any other section of
				chapter
				124A, HRS, when they amount to the
				disorders or neglects to the prejudice of good order and discipline in the
				state military forces as specified and defined in this chapter. If conduct of
				this nature is specifically made punishable by another section of chapter
				124A, HRS, it shall be charged as a
				violation of that section. If the conduct is not specifically made punishable
				by another section of chapter
				124 A, HRS, it shall be charged as a
				violation of section
				124A-155, HRS,
				and this chapter. The specifications alleging a violation of section
				124A-155, HRS,
				need not expressly allege that the conduct was a disorder or neglect to the
				prejudice of good order and discipline in the state military forces. Under a
				specification alleging a violation of section
				124A-155, HRS, a
				finding of guilty may properly be returned if the court-martial is convinced
				beyond a reasonable doubt that the acts of the accused constituted a disorder
				or neglect to the prejudice of good order and discipline in the state military
				forces.
(b) The disorders and
				neglects punishable under section
				124A-155, HRS,
				include those acts or omissions to the prejudice and good order and discipline
				not specifically mentioned in other sections. "To the prejudice of good order
				and discipline" include only acts directly prejudicial to good order and
				discipline and not acts which are prejudicial only in a remote or indirect
				sense. Almost any irregular or improper act on the part of a member of the
				state military forces could be regarded as prejudicial in some indirect or
				remote sense. Section
				124A-155, HRS,
				shall not apply to those distant effects, and shall be confined to cases in
				which the prejudice is reasonably direct and palpable.
(c) Instances of prejudicial disorder and
				neglects in the case of officers may include:
(1) Rendering the person's self unfit for
				duty by excessive use of intoxicants or drugs;
(2) Drunkenness; or
(3) Allowing a member of the officer's
				command to go on duty knowing the member to be drunk.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-2 - Indecent assault

Current through June, 2024
(a) A model
				specification of the offense of indecent assault shall be as follows:
"In that_____________________did, (at) (on
				  board)_____________________on or about _____________________19__, commit an
				  indecent assault upon_____________________, with intent to gratify (his) (her)
				  (lust) (sexual desires)."
(b) The elements of the offense of indecent
				assault shall be as follows:
(1) That, at the
				time and place alleged the accused attempted to do, offered to do, or did
				bodily harm to another;
(2) That
				the accused did so in the alleged manner;
(3) That the acts were done with unlawful
				force or violence;
(4) That the
				alleged victim was a human being and not the spouse of the accused;
(5) That the act or acts of the accused
				amounted to taking of indecent, lewd, or lascivious liberties with the person
				of the alleged victim;
(6) That the
				accused's acts were done without the consent of the alleged victim and against
				the victim's will;
(7) That the
				acts were done with the intent to gratify the lust or sexual desires of the
				accused;
(8) That, under the
				circumstances, the conduct of the accused was to the prejudice of good order
				and discipline in the state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-3 - Bribery and graft; asking, accepting, or receiving

Current through June, 2024
(a) A model
				specification of the offense of bribery and graft (asking, accepting, or
				receiving) shall be as follows:
"In that_____________________, being at the time (a
				  contracting officer for _____________________) (the personnel officer
				  of_____________________) (_____________________), did, (at) (on board), on or
				  about_____________________19__, wrongfully and unlawfully (ask) (accept)
				  (receive) from_____________________(a contracting company engaged
				  in_____________________) (_____________________), [with intent to have the
				  accused's (decision) (action) influenced with respect to] [as compensation for
				  (in recognition of) services (rendered) (to be rendered) (rendered and to be
				  rendered) by the accused the said _____________________in relation to] an
				  official matter in which the State of Hawaii was and is interested, to wit:
				  (the purchasing of military supplies from_____________________) (the transfer
				  of_____________________to duty with_____________________)
				  (___________________________)."
(b) The elements of the offense of bribery
				and graft (asking, accepting, or receiving shall be as follows:
(1) That, at the time and place alleged, the
				accused wrongfully and unlawfully asked, accepted or received the sum of money
				or other property, of any value from the person or organization
				alleged;
(2) That, at that time,
				the accused occupied an official position or had official duties as
				alleged;
(3) That the accused
				asked, accepted or received this sum of money or other property:
(A) With intent to have the accused's
				decision or action influenced with respect to; or
(B) As compensation for or in recognition of
				services rendered, to be rendered or rendered and to be rendered by him or her
				in relation to, the matter alleged;
(4) That the matter alleged was an official
				matter in which the State of Hawaii was and is interested; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-4 - Bribery and graft promising, offering, or giving

Current through June, 2024
(a) A model
				specification of the offense of bribery and graft (promising, offering, or
				giving), shall be as follows:
"In that_____________________did, (at) (on
				  board)_____________________, on or about _____________________19__, wrongfully
				  and unlawfully (promise) (offer) (give) to _____________________(his/her
				  commanding officer) (the claims officer of _____________________)
				  (_____________________), (the sum of $_____________________)
				  (_____________________, of a value of (about) $_____________________)
				  (_____________________) with the intent to influence the (decision) (action) of
				  the said_____________________with respect to] [(as compensation for) (in
				  recognition of) services (rendered) (to be rendered) (rendered and to be
				  rendered) by the said _____________________in relation to] an official matter
				  in which the State of Hawaii was and is interested, to wit: (the granting of
				  leave to_____________________) (the processing of a claim against the State of
				  Hawaii in favor of_____________________) (_____________________)."
(b) Elements of the offense of
				bribery and graft (promising, offering, or giving), shall be as follows:
(1) That, at the time and place alleged, the
				accused wrongfully and unlawfully promised, offered, or gave a sum of money or
				other property of any value to (state the person alleged);
(2) That, at that time, the person alleged
				occupied an official position or had official duties;
(3) That this sum of money or property was
				promised, offered, or given:
(A) With the
				intent to influence the decision, action of the person alleged with respect to,
				or
(B) As compensation for or in
				recognition of services rendered, to be rendered, or rendered and to be
				rendered by the person alleged in relation to the manner alleged;
(4) That the matter alleged was an
				official matter in which the State of Hawaii was and is interested;
				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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-5 - Correctional custody, escape from

Current through June, 2024
(a) A model
				specification for the offense of correctional custody, escape from, shall be as
				follows:
"In that_____________________, while duly undergoing the
				  punishment of correctional custody, did (at) (on board)_____________________,
				  on or about_____________________, 19__, escape from correctional
				  custody."
(b) The elements
				of the offense of correctional custody, escape from, shall be as follows:
(1) That the accused was duly placed in
				correctional custody at the place alleged;
(2) That, while in the correctional custody,
				the accused was under physical restraint imposed;
(3) That the accused knew of this
				correctional custody and the limits of the physical restraint
				imposed;
(4) That, at the time and
				place alleged the accused freed the accused's self from the physical restraint
				of this correctional custody before the accused had been released by proper
				authority; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-6 - Correctional custody; breach of restraint during

Current through June, 2024
(a) A model
				specification for the offense of correctional custody (breach of restraint
				during) Shall be as follows:
"In that_____________________, while duly undergoing the
				  punishment of correctional custody, did, (at) (on board)_____________________on
				  or about_____________________19__, breach the restraint imposed thereunder
				  by_____________________."
(b) The elements of the offense of
				correctional custody (breach of restraint during) shall be as follows:
(1) That the accused was duly placed in
				correctional custody at the place of correctional custody;
(2) That, while in correctional custody, the
				accused was duly restrained by proper authority to the limits
				alleged;
(3) That the accused knew
				of this correctional custody and the limits of the restraint;
(4) That, at the time and place alleged, the
				accused went beyond the limits of the restraint before the accused had been
				released from the correctional custody (relieved of the restraint) by the
				proper authority;
(5) That the
				accused did so by the manner alleged;
(6) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-7 - Disorderly, drunkenness, in command, quarters, etc., under service discrediting circumstances

Current through June, 2024
(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;
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-8 - Disorderly, drunkenness; incapacitating oneself for performance of duties through prior indulgence in intoxicating liquors

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-9 - Drugs; wrongful possession

Current through June, 2024
(a) A model
				specification of the offense of drugs, wrongful possession shall be as follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, wrongfully have
				  in his/her possession _____________________ ounces more or less, of a
				  (detrimental drug) (harmful drug) (a dangerous drug) to wit:
				  _____________________."
(b)
				The elements of the offense of drugs wrongful possession of shall be as
				follows:
(1) That, at the time and place
				alleged, the accused had in the accused's possession any amount of a
				detrimental drug, a harmful drug, or a dangerous drug as defined by chapter
				712, HRS;
(2) That the possession by the accused was
				wrongful; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-10 - Drugs; wrongful use or distribution

Current through June, 2024
(a) A model
				specification of the offense of drugs; wrongful use or distribution shall be as
				follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, wrongfully (use)
				  (transfer) (sell) a (detrimental) (harmful drug) (dangerous drug), to wit:
				  _____________________."
(b)
				The elements of the offense of drugs; wrongful use, or distribution, shall be
				as follows:
(1) That, at the time and place
				alleged, the accused used or distributed a detrimental drug, a harmful drug, or
				dangerous drug as defined in chapter
				712, HRS;
(2) That the use or distribution by the
				accused was wrongful; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-11 - Drugs; wrongful introduction into military unit, etc

Current through June, 2024
(a) A model
				specification of the offense of drugs; wrongful introduction into military
				unit, etc. shall be as follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, wrongfully
				  introduce _____________________ ounces, more or less, of a (detrimental drug)
				  (harmful drug) (dangerous drug) into a military (unit) (base) (station) (post)
				  (ship) (aircraft) (_____________________), to wit: _____________________, for
				  the purpose of (possession) (use) (distribution)
				  (_____________________)."
(b) The elements of the offense of drugs;
				wrongful introduction into military unit, etc. shall be as follows:
(1) That, at the time and place alleged, the
				accused introduced any amount of a detrimental drug, a harmful drug, or
				dangerous drug as defined in chapter
				712, HRS;
(2) That the introduction by the accused was
				for the purpose of possession, use, distribution; or other illegal
				purpose.
(3) That the introduction
				was wrongful; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-12 - Wrongful making, altering, counterfeiting, tampering with a pass

Current through June, 2024
(a) A model specification for the offense of
				wrongful making, altering, counterfeiting, tampering with a pass shall be as
				follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, wrongfully and
				  falsely (make) (forge) (alter by _____________________) (counterfeit) (tamper
				  with by _____________________) (a certain instrument purporting to be) (a) (an)
				  (another's) (naval) (military) (official) (pass) (permit) (discharge
				  certificate) (identification card) (_____________________) in word and figure
				  as follows: _____________________, [he/she then said _____________________,
				  then well knowing the same to be (false) (unauthorized)
				  (_____________________)."
(b) The elements of the offense of wrongful
				making, altering, counterfeiting, tampering with a pass shall be as follows:
(1) That, at the time and place alleged, the
				accused wrongfully and falsely made, altered, counterfeited, or tampered with a
				certain instrument purporting to be official permit, discharge certificate,
				identification card, or other official military document; and
(2) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-13 - Wrongful sale, gift, loan, etc., of false or unauthorized pass

Current through June, 2024
(a) A model specification for the offense of
				wrongful sale, gift, loan, etc., of false or unauthorized pass shall be as
				follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, wrongfully or
				  falsely [(sell to _____________________)] [(give to _____________________)]
				  [(loaned to _____________________)] [(dispose of by _____________________)] [(a
				  certain instrument purporting to be) (a) (an) (another's) (naval) (military)
				  (official) (pass) (permit) (discharge certificate) (identification card)
				  (_____________________) in words and figures as follows: _____________________,
				  [he/she, then said _____________________, then well knowing the same to be
				  (false) (unauthorized) (_____________________)."
_____________________19__, wrongfully or falsely [(sell
				  to_____________________)] [(give to_____________________)] [(loaned
				  to_____________________)] [(dispose of by
(b) The elements of the offense of wrongful
				sale, gift, loan, etc., of false or unauthorized pass shall be as follows:
(1) That, at the time and place alleged, the
				accused wrongfully sold, gave, loaned, disposed of or tranferred by any means
				to another person a certain instrument purporting to be an official pass,
				permit, discharge certificate, identification card, or other official military
				document;
(2) That the pass,
				permit, discharge certificate, identification card, or other official military
				document was false or unauthorized;
(3) That the accused knew that the pass,
				permit, discharge certificate, identification card, or other official military
				document was false or unauthorized; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-14 - Wrongful use or possession of valid pass, etc

Current through June, 2024
(a) A model
				specification of the offense of wrongful use or possession of valid pass, etc.
				shall be as follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, wrongfully
				  [(use) (have in his/her possession)] [with intent to (defraud) (deceive)] (a)
				  (an) (another's) (naval) (military) (official) (pass) (permit) (discharge
				  certificate) (identification card) (_____________________) in words and figures
				  as follows: _____________________, [he/she, then said _____________________,
				  then well knowing the same to be unauthorized (_____________________)]."
(b) The elements of the offense of
				wrongful use or possession of valid pass, etc. shall be as follows:
(1) That, at the time and place alleged, the
				accused wrongfully used or possessed an official pass, permit, discharge
				certificate, identification card, order, or other official military
				document;
(2) That the accused knew
				that the accused's use or possession of the official military document was
				unauthorized;
(3) That the accused
				used or possessed the instrument with an intent to defraud or deceive;
				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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-15 - False swearing

Current through June, 2024
(a) A model
				specification for the offense of false swearing shall be as follows:
"In that_____________________did, (at) (on
				  board)_____________________, on or about
_____________________19__, [(in affidavit)
				  (in_____________________)] wrongfully and unlawfully (make) (subscribe) under
				  lawful (oath) (affirmation) a false statement in substance as
				  follows:_____________________, which statement he/she did not then believe to
				  be true."
(b) The elements
				of the offense of false swearing shall be as follows:
(1) That, at the time and place alleged, the
				accused took an oath or made an affirmation;
(2) That the oath or affirmation was
				administered to the accused in a matter in which an oath or affirmation was
				required or authorized by law;
(3)
				That the oath or affirmation was administered by a person having authority to
				do so;
(4) That upon such oath or
				affirmation the accused willfully made or subscribed a statement;
(5) That the statement was false;
(6) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-16 - Firearm, discharging; through carelessness

Current through June, 2024
(a) A model
				specification for the offense of firearm, discharging; through carelessness
				shall be as follows:
"In that_____________________did, (at) (on
				  board)_____________________, on or about _____________________19__, through
				  carelessness, discharge a (service rifle) (_____________________) in the
				  (squadron) (tent) (barracks) (_____________________ compartment)
				  (_____________________) of_____________________."
(b) The elements of the offense of firearm,
				discharging; through carelessness shall be as follows:
(1) That, at the time and place alleged, the
				accused discharged a firearm;
(2)
				That the discharge was caused by the carelessness of the accused; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-17 - Discharging; willfully, under such circumstances as to endanger life

Current through June, 2024
(a) A model specification for the offense of
				firearm, discharging; willfully, under such circumstances as to endanger life
				shall be as follows:
"In that_____________________did, (at) (on
				  board)_____________________, on or about
_____________________19__, wrongfully and willfully discharge
				  a firearm, to wit: _____________________. (in the mess hall of) (under such
				  circumstances as to endanger human life)."
(b) The elements of the offense of firearm,
				discharging; willfully, under such circumstances as to endanger life shall be
				as follows:
(1) That, at the time and place
				alleged, the accused discharged a firearm;
(2) That the discharge was willful and
				wrongful;
(3) That the discharge
				was under circumstances such as to endanger human life; and
(4) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-18 - Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official

Current through June, 2024
(a) A model
				specification of the offense of impersonating a commissioned warrant,
				noncommissioned, or petty officer, or an agent or official shall be as follows:
"In that_____________________did, (at) (on
				  board)_____________________, on or about _____________________19__, wrongfully,
				  willfully, and unlawfully impersonate [a (commissioned officer) (warrant
				  officer) (noncommissioned officer) (petty officer) (agent of superior
				  authority) of the (Army) (Navy) (Marine Corps) (Air Force) (Coast Guard)] [an
				  official of the government of_____________________] by [publicly wearing the
				  uniform and insignia of rank of a (lieutenant of the_____________________)
				  (_____________________) or showing the credentials of_____________________]
				  [_____________________]."
(b) The elements of the offense of
				impersonating a commissioned officer, warrant, non-commissioned, or petty
				officer, or an agent or official shall be as follows:
(1) That, at the time and place alleged, the
				accused impersonated a commissioned, warrant, noncommissioned, or petty
				officer, or agent of superior authority of the state military forces or any of
				the armed forces of the United States by publicly wearing the uniform and
				insignia of the rank of a commissioned, warrant, noncommissioned or petty
				officer or agent of superior authority of the state military forces or any of
				the armed forces of the United States or showing credentials of that
				person.
(2) That this impersonation
				was wrongful, wilful, and unlawful;
(3) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-19 - Indecent exposure

Current through June, 2024
(a) A model
				specification of the offense of indecent exposure Shall be as follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, while (at a
				  barracks window) (_____________________) willfully and wrongfully expose in an
				  indecent manner to public view his/her _____________________."
(b) The elements of the offense of
				indecent exposure shall be as follows:
(1)
				That, at the time and place alleged, the accused, while exposed any part of the
				accused's body to public view in an indecent manner;
(2) That the exposure was wilful and
				wrongful; and
(3) That, under the
				circumstances, the accused's conduct was to the prejudice of good order and
				discipline in the state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-20 - Obstructing justice

Current through June, 2024
(a) A model
				specification of the offense of obstructing justice shall be as follows:
"In that _____________________ did, (at) (on board)
				  _____________________, on or about _____________________ 19__, wrongfully and
				  unlawfully endeavor to [impede (a trial by court-martial) (an investi-gation)
				  (_____________________)] [influence the actions of (a member of the
				  court-martial) (the military judge of the court-martial) (a trial counsel of
				  the court-martial) (a defense counsel of the court-martial) (an officer
				  responsible for making a recommendation concerning disposition of charges) (an
				  officer responsible for taking action with respect to the findings and sentence
				  of the court-martial) (_____________________)] [(influence) (alter) the
				  testimony, _____________________ of a witness before (a court-martial) (an
				  investigating officer) (_____________________)] in the case of said
				  _____________________ by [(promising) (offering) (giving) to the said
				  _____________________, a threat to _____________________ (if) (unless) he, the
				  said _____________________ would [(vote to acquit the said
				  _____________________ (_____________________) (recommend dismissal of the
				  charges against the said _____________________) (disapprove the findings and
				  sentence in the case of _____________________ and order the charges dismissed)]
				  [(wrongfully refuse to testify) (testify falsely concerning
				  _____________________) (_____________________)] [(at such trial) (before such
				  investigating officer)] [_____________________]."
(b) The elements of the offense of
				obstructing justice shall be as follows:
(1)
				That, at the time and place alleged, the accused wrongfully and unlawfully
				tried to obstruct justice;
(2) That
				the accused did so in the case of another against whom the accused had reason
				to believe there were criminal proceedings pending;
(3) That the accused did so by in the manner
				alleged;
(4) That, under the
				circumstances, the conduct of the accused was to the prejudice of good order
				and discipline in the state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-21 - Perjury, statutory

Current through June, 2024
(a) A model
				specification of the offense of perjury, statutory shall be as follows:
"In that _____________________, having taken a lawful oath
				  [in a proceeding before (a board of officers) (a court of inquiry) concerning
				  _____________________] [upon the making of an affidavit as to
				  _____________________] [_____________________], a case in which a law of the
				  United States authorized an oath to be administered, that [he/she, then said
				  _____________________, would (testify) (declare) (depose) (certify) truly] [a
				  written (declaration) (deposition) (certificate) subscribed by him/her was
				  true], did _____________________, (at) (on board) , on or about
				  _____________________ 19__, willfully and contrary to such oath (state)
				  (subscribe) a material matter, to wit: _____________________, which matter
				  he/she did not then believe to be true."
(b) The elements of the offense of perjury,
				statutory shall be as follows:
(1) That, at
				the time and place alleged, the accused took an oath or made an
				affirmation;
(2) That the oath or
				affirmation was administered to the accused in a matter in which an oath or
				affirmation was required or authorized by law;
(3) That the oath or affirmation was
				administered by a person having authority to do so;
(4) That upon that oath or affirmation the
				accused wilfully made or subscribed a statement;
(5) That the statement was
				material;
(6) That the statement
				was false;
(7) That the accused did
				not then believe the statement to be true; and
(8) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-22 - Perjury, subornation

Current through June, 2024
(a) A model
				specification of the offense of perjury, subornation shall be as follows:
"In that_____________________did, (at) (on
				  board)_____________________, on or about _____________________19__,
				  procure_____________________to commit perjury by inducting him or her, the
				  said_____________________, to take a lawful (oath) (affirmation) in a (trial
				  by_____________________court-martial of_____________________) (trial by a court
				  of competent jurisdiction, to wit:_____________________of
				  _____________________) (deposition for use in a trial by_____________________of
				  _____________________) (_____________________) that he/she, then said
				  _____________________, would (testify) (depose) (_____________________)
				  willfully, corruptly, and contrary to such (oath) (affirmation) in substance
				  that_____________________, which (testimony) (deposition)
				  (_____________________) was upon a material matter and which the
				  said_____________________did not then believe to be true."
(b) The elements of the offense of perjury,
				subornation shall be as follows:
(1) That at
				the time and place alleged the accused induced and procured to take an oath or
				affirmation in a judicial proceeding and to testify or depose upon that oath or
				affirmation;
(2) That the oath or
				affirmation was administered to the other person in a matter in which an oath
				or affirmation was required or authorized by law;
(3) That the oath or affirmation was
				administered by a person having authority to do so;
(4) That upon that oath or affirmation the
				other person wilfully made or subscribed a statement;
(5) That the statement was
				material;
(6) That the statement
				was false;
(7) That the accused and
				the other person did not then believe that statement to be true; and
(8) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-23 - Public record, altering, concealing, removing, mutilating, obliterating, or destroying

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-24 - Refusing, wrongfully, to testify

Current through June, 2024
(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;
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-25 - Restriction, breaking

Current through June, 2024
(a) A model
				specification of the offense of restriction, breaking, shall be as follows:
"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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-26 - Sentinel, lookout, offenses against or by (disrespect to)

Current through June, 2024
(a) A model specification of the offense of
				sentinel, lookout, offenses against or by (disrespect to) shall be as follows:
"In that _____________________, (a prisoner), did, (at) (on
				  board) _____________________, on or about _____________________ 19__,
				  [wrongfully use the following (threatening) (insulting) (threatening and
				  insulting) language, "_____________________" or words to that effect, to]
				  [wrongfully behave in (a) (an) insubordinate) (disrespectful) (insubordinate
				  and disrespectful) manner toward _____________________, by
				  _____________________], (a sentinel) (lookout) in the execution of his/her
				  duty).
(b) The elements of
				the offense of sentinel lookouts, offenses against or by (disrespect to) shall
				be as follows:
(1) That another person was a
				sentinel or lookout at the time and place alleged;
(2) That the accused was a prisoner or knew
				that this other person was a sentinel or lookout;
(3) That, at the time and place alleged, the
				accused used threatening, or insulting, language or behavior;
(4) That the use of the language or behavior
				was wrongful;
(5) That the language
				or behavior was directed toward and within sight or hearing of the sentinel or
				lookout alleged;
(6) That the
				sentinel or lookout alleged was at the time in the execution of duties as a
				sentinel or lookout; and
(7) That,
				under the circumstances, the conduct of the accused was to the prejudice of
				good order and discipline in the state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-27 - Sentinel, lookout, offenses against or by (loitering)

Current through June, 2024
(a)
				A model specification for the offense of sentinel, lookout, offenses against or
				by (loitering) shall be as follows:
"In that_____________________, while posted as a (sentinel)
				  (lookout), did (at) (on board)_____________________, on or
				  about_____________________19__, (loiter) (wrongfully sit down) on his
				  post."
(b) The elements of
				the offense of sentinel, lookout, offenses against or by (loitering) shall be
				as follows:
(1) That the accused was posted as
				a sentinel or lookout;
(2) That, at
				the time and place alleged and while posted as a sentinel or lookout, the
				accused, without authorization or excuse, loitered, or wrongfully sat down on
				the accused's post; and
(3) That,
				under the circumstance, the conduct of the accused was to the prejudice of good
				order and discipline in the state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-28 - Stolen property, knowingly receiving, buying, concealing

Current through June, 2024
(a) A model specification for the offense of
				stolen property, knowingly receiving, buying, concealing shall be as follows:
"In that_____________________, did, (at) (on
				  board)_____________________, on or about _____________________19__, unlawfully
				  (receive) (buy) (conceal)_____________________, of a value of (about)
				  $_____________________, the property of_____________________, which property,
				  as he/she, they said_____________________, then well knew, had been
				  stolen."
(b) The elements
				of the offense of stolen property, knowingly receiving, buying, concealing
				shall be as follows:
(1) That, at the time and
				place alleged, the accused unlawfully received, bought or concealed
				property;
(2) That the property
				alleged, was of some value;
(3)
				That the property belonged to another;
(4) That the property had been stolen by some
				person other than the accused;
(5)
				That, at the time the accused received, bought, or concealed the property, the
				accused then knew it was stolen; and
(6) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-29 - Threat, communicating

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-30 - Unclean accouterment, arms, or uniform

Current through June, 2024
(a) A model
				specification of the offense of unclean accouterment, arms, or uniform shall be
				as follows:
"In that_____________________did, (at) (on
				  board)_____________________, on or about _____________________19__, found with
				  an unclean (rifle) (uniform) (_____________________), he/she being at fault in
				  failing to maintain such property in a clean condition."
(b) The elements of the offense of unclean
				accoutrement, arms, or uniform shall be as follows:
(1) That, at the time and place alleged, the
				accused was found with an unclean rifle, uniform, or other
				accouterment;
(2) That the accused
				had a duty to maintain the rifle, uniform, or other accouterment in a clean
				condition;
(3) That the accused was
				at fault in failing to maintain the rifle, uniform, or other accouterment in a
				clean condition; 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.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-31 - Uniform, unclean, improper, appearing in

Current through June, 2024
(a) A model
				specification for the offense of uniform, unclean, improper, appearing in shall
				be as follows:
"In that_____________________did, on or
				  about_____________________19__, wrongfully appear (at) (on
				  board)_____________________, (without his/her_____________________) (in an
				  unclean_____________________) (with an unclean_____________________)
				  (___________________________)."
(b) The elements of the offense of uniform,
				unclean, improper, appearing in shall be as follows:
(1) That, at the time and place alleged,
				accused appeared without a proper uniform, in an unclean uniform, or with an
				unclean item of uniform; and
(2)
				That, under the circumstances, the conduct of the accused was to the prejudice
				of good order and discipline in the state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-32 - Unlawful entry

Current through June, 2024
(a) A model specification of the offense of
				unlawful entry shall be as follows:
"In that_____________________did, on or
				  about_____________________19__, unlawfully enter the dwelling house, garage,
				  warehouse, tent, vegetable garden, orchard, stateroom, (_____________________)
				  of_____________________."
(b) The elements of the offense of unlawful
				entry shall be as follows:
(1) That, at the
				time and place alleged, the accused entered upon the premises of
				another;
(2) That the entry was
				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.