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HAWJIC 9.19
ASSAULT IN THE SECOND DEGREE -- CORRECTIONAL WORKER
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 281
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 four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused bodily injury to a correctional worker; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant did so to a correctional worker who was [engaged in the performance of duty] [within a correctional facility]; and
4. That the Defendant knew, at that time, that the person was a correctional worker [engaged in the performance of duty]
[within a correctional facility].
ASSAULT IN THE SECOND DEGREE -- CORRECTIONAL WORKER: H.R.S. § 707-711(1)(c)
[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 or knowingly causes bodily injury to a correctional worker [who is engaged in the performance of duty] [who is within a correctional facility].
There are four material elements of the offense of Assault in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused bodily injury to a correctional worker; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant did so to a correctional worker who was [engaged in the performance of duty] [within a correctional facility]; and
4. That the Defendant knew, at that time, that the person was a correctional worker [engaged in the performance of duty]
[within a correctional facility].
Notes H.R.S. §§ 707-711(1)(c), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 707, see instruction: For definition of term not defined by H.R.S. Chapter 707, see instruction: ASSAULT IN THE SECOND DEGREE -- DANGEROUS INSTRUMENT: H.R.S. § 707-711(1)(d)
[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 or knowingly causes bodily injury to another person with a dangerous instrument.
There are three material elements of the offense of Assault 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 bodily injury to another person;
2. That the Defendant did so with a dangerous instrument; and
3. That the Defendant did so intentionally or knowingly.
Notes H.R.S. §§ 707-711(1)(d), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 707, see instructions:
Also references
Verify against the current official HAWJIC compendium.