ENDANGERING THE WELFARE OF AN INCOMPETENT PERSON

ENDANGERING THE WELFARE OF AN INCOMPETENT PERSON: H.R.S. § 709-905 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Endangering the Welfare of an Incompetent Person. A person commits the offense of Endangering the Welfare of an Incompetent Person if he/she knowingly acts in a manner likely to be injurious to the physical or mental welfare of a person who is unable to care for himself/herself because of physical or mental disease, disorder, or defect. There are three material elements of the offense of Endangering the Welfare of an Incompetent Person, 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 acted in a manner likely to be injurious to the physical or mental welfare of a person; and 2. That the person was unable to care for himself/herself because of physical or mental disease, disorder, or defect; and 3. That the Defendant did so knowingly. Notes H.R.S. §§ 709-905, 702-206(2). For definition of states of mind, see instruction: H.R.S. § 702-203 provides that there is no general duty to act in the penal code, unless otherwise provided by law.