ASSAULT AGAINST A LAW ENFORCEMENT OFFICER IN THE SECOND DEGREE

ASSAULT AGAINST A LAW ENFORCEMENT OFFICER IN THE SECOND DEGREE: H.R.S. § 707-712.6 [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 Second Degree. A person commits the offense of Assault Against a Law Enforcement Officer in the Second Degree if he/she recklessly 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 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 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 recklessly as to each of the foregoing elements. Notes H.R.S. §§ 707-712.6, 702-206(3). For definition of states of mind, see instruction: