Home / Jury instructions / HAWJIC 9.24

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:

Notes & authorities

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.