ENDANGERING THE WELFARE OF A MINOR IN THE SECOND

ENDANGERING THE WELFARE OF A MINOR IN THE SECOND DEGREE - LEGAL DUTY: H.R.S. § 709-904(2) [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. A person commits the offense of Endangering the Welfare of a Minor in the Second Degree if he/she, being a parent, guardian or other person whether or not charged with the care or custody of a minor, knowingly endangers the minor's physical or mental welfare by violating or interfering with any legal duty of care or protection owed to 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 endangered a minor's physical or mental welfare; and 2. That the Defendant did so by violating or interfering with any legal duty of care or protection owed to the minor; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 709-904(2), 702-206(2). For definition of states of mind, see instruction: The phrase "being a parent, guardian or other person whether or not charged with the care or custody of a minor" was deleted from the elements of the offense as the phrase encompasses all persons in all situations.