ALTERNATIVE FORMS OF ASSAULT IN THE SECOND DEGREE IN SEPARATE COUNTS (SUBSTANTIAL BODILY INJURY AND DANGEROUS INSTRUMENT)

ALTERNATIVE FORMS OF ASSAULT IN THE SECOND DEGREE IN SEPARATE COUNTS (SUBSTANTIAL BODILY INJURY AND DANGEROUS INSTRUMENT): H.R.S. § 707-711(1)(a), (b), (d) [The] Defendant, (defendant’s name), is charged in two separate counts with a single offense of Assault in the Second Degree. This offense can be proven by the prosecution in either of two ways. These alternatives have been designated in the Indictment/Complaint/Information as Count (count number), Assault in the Second Degree (Substantial Bodily Injury), and Count (count number), Assault in the Second Degree (Dangerous Instrument). As to the first alternative charged in Count (count number), 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 charged in Count (count number), 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 counts 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 count. In order to find that the offense of Assault in the Second Degree has been proved, you must unanimously agree that the same count or both of the counts have been proved beyond a reasonable doubt. Proof beyond a reasonable doubt of one or both of the counts 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 count of Assault in the Second Degree should be separately set forth on the verdict form.