Assault in the Third Degree--Dangerous Instrument

Assault in the Third Degree--Dangerous Instrument: H.R.S. § 707-712(1)(b) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Assault in the Third Degree. A person commits the offense of Assault in the Third Degree if he/she negligently causes bodily injury to another person with a dangerous instrument. There are three material elements of the offense of Assault in the Third 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; and 2. That the Defendant did so with a dangerous instrument; and 3. That the Defendant acted negligently as to elements 1 and 2. Notes H.R.S. §§ 707-712(1)(b), 702-206(4). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instructions: For circumstances when a mutual affray instruction is appropriate, see note to 9.21A. In such event, instruction should be submitted to the jury.