ASSAULT AGAINST A LAW ENFORCEMENT OFFICER IN THE FIRST

ASSAULT AGAINST A LAW ENFORCEMENT OFFICER IN THE FIRST DEGREE -- 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 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 recklessly or negligently causes, with a dangerous instrument, bodily injury to a law enforcement officer who is engaged in the performance of duty. There are five 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 five 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 the bodily injury was caused with a dangerous instrument; and 4. 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 5. That the Defendant acted recklessly or negligently as to each of the foregoing elements. Notes H.R.S. §§ 707-712.5(1)(b), 702-206(3) and (4). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 707, see instructions: For definition of terms not defined by H.R.S. Chapter 707, see instruction: