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HAWJIC 11.02
ENDANGERING THE WELFARE OF A MINOR IN THE SECOND
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 666
Statutes:§709-904
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Endangering the Welfare of a Minor in the Second 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 recklessly.
ENDANGERING THE WELFARE OF A MINOR IN THE SECOND DEGREE - RECKLESS: H.R.S. § 709-904(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 Second Degree. A person commits the offense of Endangering the Welfare of a Minor in the Second Degree if he/she, having care or custody of a minor, recklessly 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 Second 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 recklessly.
Notes H.R.S. §§ 709-904(1), 702-206(3). For definition of states of mind, see instruction: For definition of terms not defined by H.R.S. Chapter 709, see instructions: For statutory defense, see instruction 11.01A.
Also references
Verify against the current official HAWJIC compendium.