Haw. Pattern Jury Instr. (Criminal) 9.20B

H.R.S. § 707-711(1)(e)

(Applicable to offenses that occurred on or before July 11,

2006)

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

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

of Assault in the Second Degree.

A person commits the offense of Assault in the Second

Degree if he/she intentionally or knowingly causes bodily injury

to an educational worker [who is engaged in the performance of

duty] [who is within an educational facility].

There are four material elements of the offense of Assault

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

beyond a reasonable doubt.

These four elements are:

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

(name of county), the Defendant caused bodily injury to an

educational worker; and

2. That the Defendant did so intentionally or knowingly;

and

3. That the Defendant did so to an educational worker who

was [engaged in the performance of duty] [within an educational

facility]; and

4. That the Defendant knew, at that time, that the person

was an educational worker [engaged in the performance of duty]

[within an educational facility].

“Educational worker” means any administrator, specialist,

counselor, teacher, or employee of the department of education,

or a person who is a volunteer in a school program, activity, or

function that is established, sanctioned, or approved by the

department of education or a person hired by the department of

education on a contractual basis and engaged in carrying out an

educational function.