ASSAULT IN THE SECOND DEGREE – EDUCATIONAL WORKER

ASSAULT IN THE SECOND DEGREE – EDUCATIONAL WORKER: H.R.S. § 707-711(1)(e) (Applicable to offenses occurring on or after May 21, 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 or knowingly causes bodily injury to an educational worker [who is engaged in the performance of duty] [who is within an educational 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 an educational worker; and 2. That the Defendant did so intentionally or knowingly; and 3. That the Defendant did so to an educational worker who was [engaged in the performance of duty] [within an educational facility]; and 4. That the Defendant knew, at that time, that the person was an educational worker [engaged in the performance of duty] [within an educational facility]. “Educational worker” means any administrator, specialist, counselor, teacher, or employee of the department of education; an employee of a charter school, a person who is a volunteer in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function. [“Volunteer” means any person who of the person’s own free will provides goods or services to an agency with no monetary or material gain and includes material donors, occasional-service, regular-service, and stipended volunteers [and includes any health care provider accepted in writing by the State of Hawai‘i department of health as a “volunteer” who provides free medical or dental treatment, diagnosis, or advice to indigent and medically underserved patients, whether acting individually or in cooperation with a nonprofit organization]. [“Occasional- service volunteer” means any person who offers to provide a one- time, on call or single task service to an agency without receipt of any compensation.] [“Regular-service volunteer” means any person engaged in specific voluntary service activities on an on-going or continuous basis to an agency without receipt of any compensation.] [“Stipended volunteer” means any person who by receiving a support allowance is then able to provide voluntary service to an agency. The allowance may be for food, lodging, or other personal living expenses and does not reflect compensation for work performed.] [“Agency” means any state agency within the executive, legislative, and judicial branches, the Office of Hawaiian Affairs, and any agency within the executive and legislative branches of the several counties. ] Notes H.R.S. §§ 707-711(1)(e), 702-206(1) and (2), and 90-1. For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 707, see Instruction: For definition of volunteer, see H.R.S. § 90-1.