Haw. Code R. § 7-9-14

Current through November, 2024

Section 7-9-14 - Wrongful use or possession of valid pass, etc

(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.

(c) As used in this section:

"Intent to defraud" means an intent to obtain an article or thing of value through a misrepresentation and to apply it to one's own use and benefit or the use and benefit of another either temporarily or permanently;

"Intent to deceive" means an intent to mislead, to cheat, to trick another, or to cause another to believe as true that which is false.

Haw. Code R. § 7-9-14

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-155, 124A-171) (Imp: HRS § 124A-155)