ASSAULT IN THE SECOND DEGREE – EDUCATIONAL WORKER

ASSAULT IN THE SECOND DEGREE – EDUCATIONAL WORKER: H.R.S. § 707-711(1)(e) (Applicable to offenses that occurred on or before July 11, 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 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, or 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. Notes H.R.S. §§ 707-711(1)(e), 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: