Negligent Homicide in the First Degree

Negligent Homicide in the First Degree: H.R.S. § 707-702.5 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Negligent Homicide in the First Degree. A person commits the offense of Negligent Homicide in the First Degree if he/she causes the death of another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol. There are four material elements of the offense of Negligent Homicide 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 another person; and 2. That the Defendant did so by operating a vehicle; and 3. That the Defendant did so while under the influence of drugs or alcohol; and 4. That the Defendant acted negligently as to each of the foregoing elements. Notes H.R.S. §§ 707-702.5, 702-206(4). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. § 707-700, see instruction: For instructions on offense of “driving under the influence of intoxicating liquor”, see instructions 16.02 through 16.05. The offense of “driving under the influence of drugs” is set forth in H.R.S. § 291-7. The term “drugs” or “alcohol” may be stricken to conform with the charge.