Public-domain · open source

Haw. Rev. Stat. § 707-712.5

Assault against a law enforcement officer in the first degree

Applied in 1 court decision — leading case 934 So. 2d 1263 - Tillman v. State (2006)

Most recently applied in 934 So. 2d 1263 - Tillman v. State (July 2006)

L 1990, c 192, §1; am L 2003, c 66, §2

(1) A person commits the offense of assault against a law enforcement officer in the first degree if the person:

(a) Intentionally or knowingly causes bodily injury to a law enforcement officer who is engaged in the performance of duty; or

(b) Recklessly or negligently causes, with a dangerous instrument, bodily injury to a law enforcement officer who is engaged in the performance of duty.

(2) Assault of a law enforcement officer in the first degree is a class C felony. The court shall, at a minimum, sentence the person who has been convicted of this offense to:

(a) An indeterminate term of imprisonment of five years, pursuant to section 706-660; or

(b) Five years probation, with conditions to include a term of imprisonment of not less than thirty days without possibility of suspension of sentence.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.