2009 Hawaii Code
Volume 14
TITLE 37 - HAWAII PENAL CODE
CHAPTER 707 - OFFENSES AGAINST THE PERSON
§707-711 - Assault in the second degree.

     §707-711  Assault in the second degree.  (1)  A person commits the offense of assault in the second degree if:

    (a)   The person intentionally or knowingly causes substantial bodily injury to another;

    (b)   The person recklessly causes serious or substantial bodily injury to another;

    (c)   The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

    (d)   The person intentionally or knowingly causes bodily injury to another with a dangerous instrument;

    (e)   The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility.  For the purposes of this paragraph, "educational worker" means: any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, 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;

    (f)   The person intentionally or knowingly causes bodily injury to any emergency medical services personnel who is engaged in the performance of duty.  For the purposes of this paragraph, "emergency medical services personnel" shall have the same meaning as in section 321-222; or

    (g)   The person intentionally or knowingly causes bodily injury to a person employed at a state-operated or -contracted mental health facility.  For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility.

     (2)  Assault in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1979, c 84, §1; am L 1986, c 314, §52; am L 1987, c 257, §1; am L 1988, c 279, §1; am L 2006, c 230, §29 and c 298, §16; am L 2007, c 9, §19 and c 79, §1; am L 2008, c 100, §7]

 

Law Journals and Reviews

 

  Cruelty to Animals:  Recognizing Violence Against Nonhuman Victims.  23 UH L. Rev. 307.

 

Case Notes

 

  Assault in the third degree is not a lesser included offense.  68 H. 276, 711 P.2d 1289.

  Circuit court was obligated, even absent a request by either party, to instruct the jury regarding the included offense of assault in third degree where appellant was charged with committing offense of assault in second degree; court's failure to do so constituted plain error.  76 H. 387, 879 P.2d 492.

  Conviction of defendant of offense of carrying, using or threatening to use a firearm in the commission of a separate felony under §134-6(a) and (e), the separate felony being second degree assault under subsection (1)(a), vacated where there was no substantial evidence that defendant caused substantial bodily injury to victim as required under subsection (1)(a).  94 H. 241, 11 P.3d 466.

  The plain and unambiguous language of §853-4(2) does not prohibit the grant of a deferred acceptance of no contest plea for assault in the second degree under this section causing "substantial bodily injury", as statutory prohibition expressly applies only to felony and misdemeanor assaults inflicting "bodily injury" or "serious bodily injury".  101 H. 409, 70 P.3d 635.

  Court's failure to personally engage defendant in on-the-record colloquy to determine whether defendant understood consequences of foregoing right to have jury instructed on third degree assault, the lesser-included offense of second degree assault, constituted plain error.  85 H. 44 (App.), 936 P.2d 1292.

  Trial court's omission of the "strongly corroborative" paragraph in the attempted assault in the second degree instructions was presumptively prejudicial and omission was not harmless beyond a reasonable doubt.  104 H. 517 (App.), 92 P.3d 1027.

  Although the evidence was insufficient to show that defendant committed the offense of first degree assault, there was ample evidence to show that the victim's injury satisfied the definition of "substantial bodily injury" under §707-700 and that defendant thus committed the lesser included offense of second degree assault in violation of subsection (1)(a); thus the jury, having returned a guilty verdict against defendant for first degree assault, must also have found sufficient evidence to prove the lesser included offense of second degree assault.  116 H. 445 (App.), 173 P.3d 592.

  Cited:  55 H. 531, 534, 523 P.2d 299.