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HAWJIC 9.02
***9.02. MURDER IN THE FIRST DEGREE – PEACE OFFICER, JUDGE OR PROSECUTOR
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 243
Statutes:§707-701
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Murder in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused the death of a [peace officer] [judge] [prosecutor]; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant knew, at that time, that the decedent was a [peace officer] [judge] [prosecutor]; and
4. That the Defendant intentionally or knowingly caused the death because of the [peace officer’s] [judge’s]
[prosecutor’s] performance of official duties.
***9.02. MURDER IN THE FIRST DEGREE – PEACE OFFICER, JUDGE OR PROSECUTOR: H.R.S. § 707-701(b)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Murder in the First Degree. A person commits the offense of Murder in the First Degree if he/she intentionally or knowingly causes the death of a
[peace officer] [judge] [prosecutor] arising out of the performance of official duties.
There are four material elements of the offense of Murder in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused the death of a [peace officer] [judge] [prosecutor]; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant knew, at that time, that the decedent was a [peace officer] [judge] [prosecutor]; and
4. That the Defendant intentionally or knowingly caused the death because of the [peace officer’s] [judge’s]
[prosecutor’s] performance of official duties.
Notes H.R.S. §§ 707-701(b), 702-206(1) and (2). For definition of states of mind, see instructions:
Also references
Verify against the current official HAWJIC compendium.