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HAWJIC 9.07
MURDER IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 10/27/03 · compendium p. 251
Statutes:§707-701.5
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Murder in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:
1. That on or about the (date) in the [City and] County of (name of county), the Defendant intentionally or knowingly engaged in conduct; and
2. That by engaging in that conduct, the Defendant intentionally or knowingly caused the death of another person.
MURDER IN THE SECOND DEGREE: H.R.S. § 707-701.5
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Murder in the Second Degree. A person commits the offense of Murder in the Second Degree if he/she intentionally or knowingly causes the death of another person.
There are two material elements of the offense of Murder in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:
1. That on or about the (date) in the [City and] County of (name of county), the Defendant intentionally or knowingly engaged in conduct; and
2. That by engaging in that conduct, the Defendant intentionally or knowingly caused the death of another person.
Notes H.R.S. §§ 707-701.5, 702-206(1) and (2). For definition of states of mind, see instructions:
Also references
Verify against the current official HAWJIC compendium.