ENDANGERING THE WELFARE OF A MINOR IN THE FIRST

ENDANGERING THE WELFARE OF A MINOR IN THE FIRST DEGREE: H.R.S. § 709.903.5(1) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Endangering the Welfare of a Minor in the First Degree. A person commits the offense of Endangering the Welfare of a Minor in the First Degree if he/she, having care or custody of a minor, intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor. There are three material elements of the offense of Endangering the Welfare of a Minor in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant had care or custody of a minor; and 2. That the Defendant, at that time, allowed another person to inflict serious or substantial bodily injury on the minor; and 3. That the Defendant did so intentionally or knowingly. Notes H.R.S. §§ 709-903.5(1), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms not defined by H.R.S. Chapter 709, see instructions: For statutory defense, see instruction 11.01A.