Murder in the Second Degree--By Omission--Generic

Murder in the Second Degree--By Omission--Generic: H.R.S. §§ 707-701.5 and 702-203(2) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Murder in the Second Degree. A person commits the offense of Murder in the Second Degree if he/she causes the death of another person by intentionally or knowingly failing to (specify the duty), a duty imposed by law upon a (specify the relationship that creates the duty), intending or knowing that the failure to perform that duty would cause the death of the other person. There are four material elements of the offense of Murder in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That the Defendant was (specify factual finding(s) necessary to raise a legal duty); and 2. That, on or about (date) in the [City and] County of (name of county), the Defendant intentionally or knowingly failed to (specify the duty), a duty imposed by law upon a (specify the relationship that creates the duty); and 3. That the Defendant failed to perform that duty intending or knowing that his/her failure would cause the death of the other person; and 4. That the Defendant's failure to perform that duty caused the death of the other person. Notes H.R.S. §§ 707-701.5, 707-702, 702-203(2), 702-206(1) and (2). State v. Robinson, 82 Hawai'i 304, 922 P.2d 358 (1996), State v. Cabral, 77 Hawai'i 216, 883 P.2d 638 (App.1994); State v. Cabral, 8 Haw.App. 506, 810 P.2d 672 (1991), aff'd 72 Haw. 603, 822 P.2d 957 (1991); State v. Tucker, 10 Haw.App. 43, 861 P.2d 24 (1993), cert. gr., remanded on other issues, 10 Haw.App. 73, 861 P.2d 37 (1993). For definition of states of mind, see instructions: The Committee discussed whether element two of the instruction could be satisfied by merely showing a voluntary omission. But see H.R.S. § 702-200(1).