Home / Jury instructions / HAWJIC 9.23A
HAWJIC 9.23A
ASSAULT AGAINST A LAW ENFORCEMENT OFFICER IN THE FIRST DEGREE -- INTENTIONAL OR KNOWING
Hawaiʻi Pattern Jury Instructions — Criminal · 12/19/03 · compendium p. 299
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Assault Against a Law Enforcement Officer in the First 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 engaged in conduct; and
2. That the Defendant’s conduct caused bodily injury to another person; and
3. That, at that time, the person was a law enforcement officer engaged in the performance of his/her official duties as a law enforcement officer; and
4. That the Defendant acted intentionally or knowingly as to each of the foregoing elements.
ASSAULT AGAINST A LAW ENFORCEMENT OFFICER IN THE FIRST DEGREE -- INTENTIONAL OR KNOWING: H.R.S. § 707- 712.5(1)(a)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Assault Against a Law Enforcement Officer in the First Degree. A person commits the offense of Assault Against a Law Enforcement Officer in the First Degree if he/she intentionally or knowingly causes bodily injury to a law enforcement officer who is engaged in the performance of duty.
There are four material elements of the offense of Assault Against a Law Enforcement Officer in the First 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 engaged in conduct; and
2. That the Defendant’s conduct caused bodily injury to another person; and
3. That, at that time, the person was a law enforcement officer engaged in the performance of his/her official duties as a law enforcement officer; and
4. That the Defendant acted intentionally or knowingly as to each of the foregoing elements.
Notes H.R.S. §§ 707-712.5(1)(a), 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 terms not defined by H.R.S. Chapter 707, see instruction:
Also references
Verify against the current official HAWJIC compendium.