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HAWJIC 10.08A
CRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE – WIDELY DANGEROUS MEANS
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/1/08 · compendium p. 497
Statutes:§708-822
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Criminal Property Damage in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant damaged the property of another; and
2. That the Defendant did so without the other’s consent; and
3. That the Defendant did so by the use of widely dangerous means; and
4. That the Defendant did so recklessly.
CRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE – WIDELY DANGEROUS MEANS: H.R.S. § 708-822(1)(a) (Applicable to offenses occurring on or before June 5, 2006) In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Criminal Property Damage in the Third Degree. A person commits the offense of Criminal Property Damage in the Third Degree if he/she recklessly damages the property of another, without the other’s consent, by the use of widely dangerous means.
There are four material elements of the offense of Criminal Property Damage in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant damaged the property of another; and
2. That the Defendant did so without the other’s consent; and
3. That the Defendant did so by the use of widely dangerous means; and
4. That the Defendant did so recklessly.
Notes H.R.S. §§ 708-822(1)(a), 702-206(3). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions:
Also references
Verify against the current official HAWJIC compendium.