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HAWJIC 9.27
RECKLESS ENDANGERING IN THE FIRST DEGREE – FIREARM
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 307
Statutes:§707-713
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Reckless Endangering in the First Degree, 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 fired a firearm; and
2. That the Defendant did so intentionally; and
3. That the Defendant did so in a manner which recklessly placed another person in danger of death or serious bodily injury.
RECKLESS ENDANGERING IN THE FIRST DEGREE – FIREARM: H.R.S. § 707-713
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Reckless Endangering in the First Degree. A person commits the offense of Reckless Endangering in the First Degree if he/she intentionally fires a firearm in a manner which recklessly places another person in danger of death or serious bodily injury.
There are three material elements of the offense of Reckless Endangering in the First Degree, 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 fired a firearm; and
2. That the Defendant did so intentionally; and
3. That the Defendant did so in a manner which recklessly placed another person in danger of death or serious bodily injury.
Notes H.R.S. §§ 707-713, 702-206(1) and (3). 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: RECKLESS ENDANGERING IN THE SECOND DEGREE: H.R.S. § 707-714
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Reckless Endangering in the Second Degree. A person commits the offense of Reckless Endangering in the Second Degree if he/she engages in conduct which recklessly places another person in danger of death or serious bodily injury.
There are two material elements of the offense of Reckless Endangering in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant engaged in conduct which recklessly placed another person in danger of death or serious bodily injury; and
2. That the Defendant did so intentionally, knowingly or recklessly.
Notes H.R.S. §§ 707-714, 702-206(1), (2) and (3). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 707, see instruction:
Verify against the current official HAWJIC compendium.