§707-712.6

Assault against a law enforcement officer in the second degree

Crimes against persons · Chapter 707 — Offenses Against the Person · Part III. Criminal Assaults and Related Offenses

(1) A person commits the offense of assault against a law enforcement officer in the second degree if the person recklessly causes bodily injury to a law enforcement officer who is engaged in the performance of duty.

(2) Assault of a law enforcement officer in the second degree is a misdemeanor. The court shall sentence the person who has been convicted of this offense to a definite term of imprisonment, pursuant to section 706-663, of not less than thirty days without possibility of probation or suspension of sentence. [L 2003, c 66, §1]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

HAWJIC 9.23BASSAULT AGAINST A LAW ENFORCEMENT OFFICER IN THE SECOND DEGREE

Source / Amendment history

[L 2003, c 66, §1]

Cross references, commentary & case notes

Cross References Definition of law enforcement officer, see §701-118. COMMENTARY ON §707-712.6 Act 66, Session Laws 2003, added this section, creating the misdemeanor offense of assault against a law enforcement officer in the second degree. The legislature expressed the intent that the term "law enforcement officer" includes, but is not limited to, police officers, sheriffs, sheriff deputies, department of land and natural resources enforcement officers, and investigators with the department of the attorney general. Senate Standing Committee Report No. 979.

View official source on capitol.hawaii.gov ↗