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HAWJIC 9.11
Negligent Homicide in the Second Degree
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/29/14 · compendium p. 268
Statutes:§707-703
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Negligent Homicide in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three 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 acted negligently as to each of the foregoing elements.
Negligent Homicide in the Second Degree: H.R.S. § 707-703
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Negligent Homicide in the Second Degree. A person commits the offense of Negligent Homicide in the Second Degree if he/she causes the death of another person by the operation of a vehicle in a negligent manner.
There are three material elements of the offense of Negligent Homicide in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three 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 acted negligently as to each of the foregoing elements.
Notes H.R.S. §§ 707-703, 702-206(4). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. § 707-700, see instruction:
Verify against the current official HAWJIC compendium.