Negligent Homicide in the Second Degree – Vulnerable

Negligent Homicide in the Second Degree – Vulnerable User: H.R.S. § 707-703(1)(b) [In Count (count number) of the Indictment/ Information/ 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 a vulnerable user by the operation of a motor vehicle in a manner that constitutes simple negligence. 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 a vulnerable user; and 2. That the Defendant did so by operating a vehicle; and 3. That the Defendant acted with simple negligence as to each of the foregoing elements. A person acts with “simple negligence” with respect to the person’s conduct when the person should be aware of a risk that the person engages in that conduct. A person acts with “simple negligence” with respect to attendant circumstances when the person should be aware of a risk that those circumstances exist. A person acts with “simple negligence” with respect to a result of the person’s conduct when the person should be aware of a risk that the person’s conduct will cause that result. A risk is within the meaning of this instruction if the person’s failure to perceive it, considering the nature and purpose of the person’s conduct and the circumstances known to the person, involves a deviation from the standard of care that a law-abiding person would observe in the same situation. Notes H.R.S. §§ 707-703(1)(b) and 707-704(2). For definition of terms defined by § 707-700, see instruction: