Haw. Code R. § 7-9-19

Current through November, 2024

Section 7-9-19 - Indecent exposure

(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.

(c) As used in this section:

"Indecent" means'a form of exhibition of a person's private parts which instinctive modesty, human decency, or common propriety require should be customarily kept covered in the presence of others at that particular time and place. An exposure becomes "indecent" when it occurs at a time and place that a person reasonably knows or should know the person's act will be open to the observation of another or others;

"Willfully" means an intentional exposure to public view. The exposure must be done with the intent to be observed by one or more members of the public.

Haw. Code R. § 7-9-19

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