Haw. Pattern Jury Instr. (Criminal) 9.24A

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.