Section 7-9-26 - Sentinel, lookout, offenses against or by (disrespect to)(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.(c) As used in this section: "Threatening" means a clear present determination or intent to injure the person, property or reputation of another presently or in the future;
"Insubordinate" means an intentional defiance of authority.
"Disrespectful" means behavior which detracts from the respect due to the authority of a sentinel or lookout.
[Eff: FEB 11 1985] (Auth: HRS §§ 124A-155, 124A-171) (Imp: HRS § 124A-155)