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HAWJIC 9.17A
ASSAULT IN THE SECOND DEGREE – RECKLESS
Hawaiʻi Pattern Jury Instructions — Criminal · Added 10/1/08 · compendium p. 280
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 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 that occurred on or before June 21, 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 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 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.