Section 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)