Haw. Pattern Jury Instr. (Criminal) 5.05

H.R.S. §§ 707-701.5 and 702-203(2)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant's name), is charged with the offense

of Murder in the Second Degree.

A person commits the offense of Murder in the Second Degree

if he/she causes the death of another person by intentionally or

knowingly failing to (specify the duty), a duty imposed by law

upon a (specify the relationship that creates the duty),

intending or knowing that the failure to perform that duty would

cause the death of the other person.

There are four material elements of the offense of Murder

in the Second Degree, each of which the prosecution must prove

beyond a reasonable doubt.

These four elements are:

1. That the Defendant was (specify factual finding(s)

necessary to raise a legal duty); and

2. That, on or about (date) in the [City and] County of

(name of county), the Defendant intentionally or knowingly

failed to (specify the duty), a duty imposed by law upon a

(specify the relationship that creates the duty); and

3. That the Defendant failed to perform that duty intending

or knowing that his/her failure would cause the death of the

other person; and

4. That the Defendant's failure to perform that duty caused

the death of the other person.