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HAWJIC 9.17
ASSAULT IN THE SECOND DEGREE – RECKLESS
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/1/08 · compendium p. 279
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 [serious] [substantial] bodily injury to another person; and
2. That the Defendant did so recklessly.
ASSAULT IN THE SECOND DEGREE – RECKLESS: H.R.S. § 707-711(1)(b) (Applicable to offenses occurring on or after June 22, 2006)
[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 recklessly causes [serious] [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 [serious] [substantial] bodily injury to another person; and
2. That the Defendant did so recklessly.
Notes H.R.S. § 707-711(1)(b), 702-206(3). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instruction:
Also references
Verify against the current official HAWJIC compendium.