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HAWJIC 9.24
ASSAULT AGAINST A POLICE OFFICER – DANGEROUS
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 302
Statutes:§707-712.5
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Assault Against a Police Officer, 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 a police officer with a dangerous instrument; and
2. That the Defendant did so negligently; and
3. That, at that time, the Defendant knew or was negligent in not being aware of a substantial and unjustifiable risk, that the person was a police officer who was engaged in the performance of his/her official duties as a police officer.
ASSAULT AGAINST A POLICE OFFICER – DANGEROUS INSTRUMENT: H.R.S. § 707-712.5(1)(b)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Assault Against a Police Officer. A person commits the offense of Assault Against a Police Officer if he/she negligently causes, with a dangerous instrument, bodily injury to a police officer who is engaged in the performance of official duties.
There are three material elements of the offense of Assault Against a Police Officer, 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 a police officer with a dangerous instrument; and
2. That the Defendant did so negligently; and
3. That, at that time, the Defendant knew or was negligent in not being aware of a substantial and unjustifiable risk, that the person was a police officer who was engaged in the performance of his/her official duties as a police officer.
Notes H.R.S. §§ 707-712.5(1)(b), 702-206(2), (3) and (4). For definition of states of mind, see instructions:
Also references
Verify against the current official HAWJIC compendium.