Haw. Code R. § 7-9-17 - Discharging; willfully, under such circumstances as to endanger life

(a) A model specification for the offense of firearm, discharging; willfully, under such circumstances as to endanger life shall be as follows:

"In that_____________________did, (at) (on board)_____________________, on or about

_____________________19__, wrongfully and willfully discharge a firearm, to wit: _____________________. (in the mess hall of) (under such circumstances as to endanger human life)."

(b) The elements of the offense of firearm, discharging; willfully, under such circumstances as to endanger life shall be as follows:

(1) That, at the time and place alleged, the accused discharged a firearm;

(2) That the discharge was willful and wrongful;

(3) That the discharge was under circumstances such as to endanger human life; and

(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the military forces.

(c) As used in this section:

An act is done "willfully" if done intentionally or on purpose;

"Under circumstances such as to endanger human life," means that there must be a reasonable possibility of harm to human beings. Proof that human life was actually endangered is not required.

Notes

Haw. Code R. § 7-9-17

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-155, 124A-171) (Imp: HRS § 124A-155)