ALTERNATIVE FORMS OF ASSAULT IN THE SECOND

ALTERNATIVE FORMS OF ASSAULT IN THE SECOND DEGREE IN THE SAME COUNT (SUBSTANTIAL BODILY INJURY AND DANGEROUS INSTRUMENT): H.R.S. § 707-711(1)(a), (b), (d) [In Count (count number) of the Indictment/Complaint/ Information, the] [The] Defendant, (defendant’s name), is charged with the offense of Assault in the Second Degree. This offense can be committed in either of two ways: Assault in the Second Degree (Substantial Bodily Injury) or Assault in the Second Degree (Dangerous Instrument). As to the first alternative, a person commits the offense of Assault in the Second Degree (Substantial Bodily Injury) if he/she intentionally, knowingly, or recklessly causes substantial bodily injury to another person. There are two material elements of the offense of Assault in the Second Degree (Substantial Bodily Injury), each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused substantial bodily injury to another person; and 2. That the Defendant did so intentionally, knowingly, or recklessly. As to the second alternative, a person commits the offense of Assault in the Second Degree (Dangerous Instrument) if he/she intentionally or knowingly causes bodily injury to another person with a dangerous instrument. There are three material elements of the offense of Assault in the Second Degree (Dangerous Instrument), 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 caused bodily injury to another person; and 2. That the Defendant did so with a dangerous instrument; and 3. That the Defendant acted intentionally or knowingly as to elements 1 and 2. You are to consider each alternative of Assault in the Second Degree separately. The fact you may find that one of the alternatives has or has not been proved beyond a reasonable doubt does not mean that you must reach the same decision with respect to the other alternative. In order to find that the offense of Assault in the Second Degree has been proved, you must unanimously agree that the same alternative or both of the alternatives have been proved beyond a reasonable doubt. Proof beyond a reasonable doubt of one or both of the alternatives will result in the conviction of only one offense of Assault in the Second Degree. Notes H.R.S. §§ 707-711(1)(a), (b), (d); 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 707, see instruction: Each alternative of Assault in the Second Degree should be separately set forth on the verdict form.