OFFENDER AGAINST ELDERLY, HANDICAPPED OR A MINOR UNDER THE AGE OF EIGHT

OFFENDER AGAINST ELDERLY, HANDICAPPED OR A MINOR UNDER THE AGE OF EIGHT: H.R.S. § 706-662(5) (Applicable to offenses occurring on or after October 31, 2007) If you find that the prosecution has proven beyond a reasonable doubt that the Defendant committed the offense of (name of felony offense), then you must also answer the following two questions on a special interrogatory which will be provided to you: 1. Has the prosecution proven beyond a reasonable doubt that the Defendant, in the course of committing [or attempting to commit] the offense of (name of felony offense), inflicted serious or substantial bodily injury upon a person who was [sixty years or older] [blind] [a paraplegic] [a quadriplegic] [eight years or younger]? 2. Has the prosecution proven beyond a reasonable doubt that the Defendant knew or reasonably should have known that said person was [sixty years or older] [blind] [a paraplegic] [a quadriplegic] [eight years or younger]? You must answer each of the questions separately. Your answer to each of these questions must be unanimous. Notes H.R.S. § 706-662(5). State v. Tafoya, 91 Hawaiʻi 261, 982 P.2d 890 (1999).