Definitions of Terms Used in Chapter 9, Pattern Jury

Definitions of Terms Used in Chapter 9, Pattern Jury Instructions “Bodily injury” means physical pain, illness, or any impairment of physical condition. “Compulsion” means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss. “Dangerous instrument” means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. “Deviate sexual intercourse” means any act of sexual gratification between a person and an animal or a corpse, involving the sex organs of one and the mouth, anus, or sex organs of the other. “Emergency worker” means any: (1) Law enforcement officer, including but not limited to any police officer, public safety officer, parole or probation officer, or any other officer of any county, state, federal, or military agency authorized to exercise law enforcement or police powers; (2) Firefighter, emergency medical services personnel, emergency medical technician, ambulance crewmember, or any other emergency response personnel; (3) Member of the Hawai’i national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority; (4) Member of the United States Army, Air Force, Navy, Marines, or Coast Guard on any duty or service done under or in pursuance of an order or call of the President of the United States or any proper authority; (5) Member of the national guard from any other state ordered into service by any proper authority; (6) Person engaged in civil defense functions as authorized by the director of civil defense or as otherwise authorized under chapter 128; or (7) Person engaged in disaster relief by authorization of the director of disaster relief or as otherwise authorized under chapter 127. “Labor” means work of economic or financial value. “Married” includes persons legally married, and a male and female living together as husband and wife regardless of their legal status, but does not include spouses living apart. “Mentally defective” means a person suffering from a disease, disorder, or defect which renders the person incapable of appraising the nature of his/her conduct. “Mentally incapacitated” means a person rendered temporarily incapable of appraising or controlling his/her conduct as a result of the influence of a substance administered to him/her without his/her consent. “Person” means a human being who has been born and is alive. “Physically helpless” means a person who is unconscious or for any other reason physically unable to communicate unwillingness to an act. “Public highway” shall have the same meaning as in section 264-1. “Relative” means parent, ancestor, brother, sister, uncle, or legal guardian. “Restrain” means to restrict a person’s movement in such a manner as to interfere substantially with the person’s liberty: (1) by means of force, threat, or deception; or (2) if the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custody of the person. “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. “Services” means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Prostitution- related and obscenity-related activities are forms of “services.” “Sexual contact” means any touching, other than acts of “sexual penetration”, of the sexual or other intimate parts of a person not married to the actor, or of the sexual or other intimate parts of the actor by the person, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts. “Sexual penetration” means: (1) Vaginal intercourse, anal intercourse, fellatio, deviate sexual intercourse, or any intrusion of any part of a person’s body or of any object into the genital or anal opening of another person’s body; it occurs upon any penetration, however slight, but emission is not required. “Genital opening” includes the anterior surface of the vulva or labia majora*; or (2) Cunnilingus or anilingus, whether or not actual penetration has occurred. “Street” shall have the same meaning as in section 291C-1. “Strong compulsion” means the use of or attempt to use one or more of the following to overcome a person: (1) A threat, express or implied, that places a person in fear of bodily injury to the individual or another person, or in fear that the person or another person will be kidnapped; (2) A dangerous instrument; or (2) Physical force. “Substantial bodily injury” means: (1) A major avulsion, major laceration, or major penetration of the skin; or (2) A burn of at least second degree severity; or (3) A bone fracture; or (4) A serious concussion; or (5) A tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs. “Vehicle” has the same meaning as in section 291E-1. “Vulnerable user” means: (1) A pedestrian legally within a street or public highway; (2) A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to: (A) Construction and maintenance workers; and (B) Police, fire, and other emergency responders; or (3) A person legally operating any of the following within the street or public highway: (A) A bicycle; (B) A moped; (C) An electric personal assistive mobility device; or (D) A wheelchair conveyance or other personal mobility device. Notes *Definition of “genital opening” applicable to offenses occurring on or after June 22, 2006. † See State v. Tanielu, 82 Hawai`i 373, 379, 922 P.2d 986, 992 (1996), holding that in “a plain reading of HRS § 707-700 ‘major’ modifies ‘avulsion, lacerations, or penetrations of the skin.’”