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Legal Statutes: Hawaii

UPDATED October 5, 2016

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Part III. Criminal Assaults and Related Offenses

back to top707-711 Assault in the second degree

(1) A person commits the offense of assault in the second degree if:

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

(b) The person recklessly causes serious 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 provider who is engaged in the performance of duty. For the purposes of this paragraph, “emergency medical services provider” means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

(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;

(h) The person intentionally or knowingly causes bodily injury to a person who:

(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant tosection 709-906(4), during the effective period of that order; or

(i) The person intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty. For the purposes of this paragraph, “firefighter” has the same meaning as in section 710-1012 and “water safety officer” means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions.

(2) Assault in the second degree is a class C felony.

Laws 1972, ch. 9, § 1; Laws 1979, ch. 84, § 1; Laws 1986, ch. 314, § 52; Laws 1987, ch. 257, § 1; Laws 1988, ch. 279, § 1; Laws 2006, ch. 230, § 29; Laws 2006, ch. 298, § 16; Laws 2007, ch. 9, § 19, eff. April 9, 2007; Laws 2007, ch. 79, § 1, eff. May 21, 2007;Laws 2008, ch. 100, § 7, eff. July 1, 2008; Laws 2010, ch. 146, § 1, eff. May 27, 2010; Laws 2011, ch. 63, § 3, eff. July 1, 2011;Laws 2011, ch. 187, § 1, eff. July 5, 2011; Laws 2016, ch. 231, § 33, eff. July 1, 2016.