DEFENSE: ENDANGERING THE WELFARE OF A MINOR

DEFENSE: ENDANGERING THE WELFARE OF A MINOR: H.R.S. § 709.903.5(2) It is a defense to prosecution for Endangering the Welfare of a Minor in the [First] [Second] Degree if, at the time, the Defendant reasonably believed he/she would incur serious or substantial bodily injury in acting to prevent the injury to the minor. The burden is upon the prosecution to prove beyond a reasonable doubt that the Defendant did not reasonably believe, at the time, he/she would incur serious or substantial bodily injury in acting to prevent the injury to the minor. If the prosecution does not meet its burden, then you must find the Defendant not guilty. Notes H.R.S. § 709-903.5(2). For definition of terms not defined by H.R.S. Chapter 709, see instructions: This defense is applicable to H.R.S. §§ 709-903.5(1) and 709- 904(1), instructions 11.01 and 11.02 respectively. It is not applicable to H.R.S. § 709-904(2), instruction 11.03.