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HAWJIC 9.16
ASSAULT IN THE SECOND DEGREE – INTENTIONAL, KNOWING, OR RECKLESS
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/1/08 · compendium p. 277
Statutes:§707-711
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Assault in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused substantial bodily injury to another person; and
2. That the Defendant did so intentionally, knowingly, or recklessly.
ASSAULT IN THE SECOND DEGREE – INTENTIONAL, KNOWING, OR RECKLESS: H.R.S. § 707-711(1)(a), (b) (Applicable to offenses occurring on or after April 9, 2007)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Assault in the Second Degree. A person commits the offense of Assault in the Second Degree if he/she intentionally, knowingly, or recklessly causes substantial bodily injury to another person.
There are two material elements of the offense of Assault in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused substantial bodily injury to another person; and
2. That the Defendant did so intentionally, knowingly, or recklessly.
Notes H.R.S. §§ 707-711(1)(a), (b), 702-206(1) and (2). For definition of states of mind, see instructions: For definitions of terms defined by H.R.S. Chapter 702, see instruction:
Also references
Verify against the current official HAWJIC compendium.