Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 707

Haw. Rev. Stat. § 707-714

  Reckless endangering in the second degree

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     §707-714  Reckless endangering in the second degree.  (1)  A person commits the offense of reckless endangering in the second degree if the person:

     (a)  Engages in conduct that recklessly places another person in danger of death or serious bodily injury; or

     (b)  Intentionally discharges a firearm in a populated area, in a residential area, or within the boundaries or in the direction of any road, street, or highway; provided that the provisions of this paragraph shall not apply to any person who discharges a firearm upon a target range for the purpose of the target shooting done in compliance with all laws and regulations applicable thereto.

     (2)  Reckless endangering in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1990, c 62, §1; gen ch 1992; am L 2006, c 230, §30]

 

Cross References

 

  Definition of recklessly, see §702-206.

  Definition of "widely dangerous means", see §708-800.

 

Case Notes

 

  Statute essentially the equivalent of federal statute on "assault with dangerous weapon with intent to do bodily harm" set out in 18 U.S.C. §113(c).  376 F. Supp. 1024 (1974).

  This offense is a lesser included offense of attempted murder under §701-109(4).  62 H. 637, 618 P.2d 306 (1980).

  Based on testimony of a vendor and dirt biker, there was substantial evidence upon which a jury could have found that defendant discharged a firearm in a populated area, supporting defendant's conviction under this section.  106 H. 62 (App.), 101 P.3d 671 (2004).

  Cited:  55 H. 531, 534, 523 P.2d 299 (1974).

 

COMMENTARY ON §§707-713 AND 707-714

 

  The Code follows the lead of the Model Penal Code in providing two general sections for conduct which recklessly endangers human life.[1]  Previous Hawaii law covered, as does the law of most jurisdictions,[2] such cases of reckless endangering on an ad hoc basis.[3]  A quick perusal of such statutes reveals that they all have in common the reckless endangering of human life.  The Code obviates the need for special legislation on each dangerous instrument or act.  Rather, all conduct so endangering human life or limb is made a misdemeanor.

  The aggravated offense of reckless endangering in the first degree, §707-713, is reserved for cases where the actor employs "widely dangerous means."  Widely dangerous means, as defined in §708-800, are those means which are known to be capable of causing widespread damage or destruction to both life and property.  It is thought that where the potential for destruction is this great, the actor's dangerousness to society is increased so substantially, over the case where only a single or a few people are threatened, that the felony sanction is justified.

 

SUPPLEMENTAL COMMENTARY ON §§707-713 AND 707-714

 

  Act 215, Session Laws 1978, added to §707-713(1) the words "or intentionally fires a firearm in a manner which places another person in danger of death or serious bodily injury."  The legislature felt that the grave dangers posed by the use of a firearm justified a felony sanction.  Senate Standing Committee Report No. 675-78, House Standing Committee Report No. 116.

  Act 285, Session Laws 1988, amended §707-713 for the purpose of limiting the offense, in regard to firearms, to a person who intentionally fires a firearm in a manner which recklessly places another person in danger of death or serious bodily injury.  House Standing Committee Report No. 1604-88, Senate Standing Committee Report No. 2141.

  Act 62, Session Laws 1990, amended §707-714 to subject to misdemeanor liability, a person who creates an obvious risk to the public by intentionally discharging a firearm in areas likely to be traveled or inhabited.  Senate Standing Committee Report No. 3060.

  Act 230, Session Laws 2006, amended §707-714 by making technical nonsubstantive amendments.

 

__________

§§707-713 And 707-714 Commentary:

 

1.  M.P.C. §220.2(2) and 211.2.

 

2.  Cf. M.P.C., Tentative Draft No. 9, comments at 86 (1959).

 

3.  E.g., H.R.S. §§727-1 (spreading of dangerous disease, storing of explosives in populated areas, blasting with excessive charge, releasing dangerous animals), 753-13 (scattering poisonous substances).

 

Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1980–2024 · leading case: State v. Culkin
Sort: Relevance Newest Treatment
State v. Culkin (2001) haw · cites it 18× “2000), [1] and reckless endangering in the second degree, in violation of HRS § 707-714 (1993). [2] Culkin is currently serving an indeterminate term of twenty years of incarceration and a concurrent term of one year.”
State v. Martin. ICA s.d.o., filed 03/29/2019. (2020) haw · cites it 4× “28 HRS § 707-714, “Reckless endangering in the second degree,” provides in relevant part: (1) A person commits the offense of reckless endangering in the second degree if the person: (a) Engages in conduct that recklessly places another person in danger of death or serious…”
State v. Quitog (1997) haw · cites it 4× “37 and 37A); 11 and (5) reek-less endangering in the second degree in violation of HRS § 707-714. (1993) (Court’s Instruction No.”
State v. Feliciano (1980) haw · cites it 4× “1 Appellant was found guilty by a Circuit Court jury of Reckless Endangering in the Second Degree in violation of HRS § 707-714. The trial court sentenced appellant to six months in jail.”
State v. Kato. (2020) haw · cites it 4× “16 HRS § 707-714(1)(a) (Supp. 2012) provides as follows: “A person commits the offense of reckless endangering in the second degree if the person .”
State v. Samonte (1996) haw · cites it 3× “HRS § 707-714 (1985) defines the crime of reckless endangering in the second degree as follows: § 707-714 Reckless endangering in the second degree.”
State v. Manuel. (2020) haw · cites it 4× “] HRS § 707-714(1)(a) (2015) provides, (1) A person commits the offense of reckless endangering in the second degree if the person: (a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury[.”
State v. Angei. (2023) haw · cites it 4× “” Angei then argued that the jury should have been instructed on Reckless Endangering Second because there was a “rational basis” in the evidence for the jury to acquit Angei of Murder in the Second Degree and convict him of Reckless 17 HRS § 707-714(1)(a) states: “A person…”
State v. Smith (1999) hawapp · cites it 4× “” For Smith to have committed Assault in the Second Degree based on recklessness under HRS § 707-711(l)(b) or Reckless Endangering in the Second Degree under HRS § 707-714, he must have acted “recklessly.”
State v. St. Clair (2003) haw · cites it 2× “2002) (Count IV); 7 (5) reckless endangering in the second degree, in violation of HRS § 707-714(1) (1993) (Count V); (6) driving without no-fault insurance, in violation of HRS § 431:100-104 (Count VI), see supra note 3; and (7) failure to drive on right side of roadway, in…”
Potter v. Hawaii Newspaper Agency (1999) haw · cites it 2× “ensed under this part to operate that category of motor vehicle”; (5) HRS § 386-95, which provides in relevant part that "[w]ithin seven working days after the employer has knowledge of [an on-the-job] injury causing absence from work for one day or more or requiring medical…”
State v. Martins (2005) haw · cites it 4× “Cooper presiding, convicting him of and sentencing him for the following offenses: (1) terroristic threatening in the second degree, in violation of Hawaii Revised Statutes (HRS) § 707-717 (1993) 1 (included offense of Count I, charging terror- *137 istie threatening in the…”
Show all 27 citing cases →
— Haw. Rev. Stat. § 707-714(1) — 6 cases
State v. St. Clair (2003) haw “2002) (Count IV); 7 (5) reckless endangering in the second degree, in violation of HRS § 707-714(1) (1993) (Count V); (6) driving without no-fault insurance, in violation of HRS § 431:100-104 (Count VI), see supra note 3; and (7) failure to drive on right side of roadway, in…”
State v. Feliciano (1980) haw “1 Appellant was found guilty by a Circuit Court jury of Reckless Endangering in the Second Degree in violation of HRS § 707-714. The trial court sentenced appellant to six months in jail.”
State v. Adam (2002) hawapp
State v. Rumbawa (2001) hawapp
State v. GREYWOLF (2009) hawapp
— Haw. Rev. Stat. § 707-714(1)(a) — 4 cases
State v. Kato. (2020) haw “16 HRS § 707-714(1)(a) (Supp. 2012) provides as follows: “A person commits the offense of reckless endangering in the second degree if the person .”
State v. Manuel. (2020) haw “] HRS § 707-714(1)(a) (2015) provides, (1) A person commits the offense of reckless endangering in the second degree if the person: (a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury[.”
State v. Angei. (2023) haw “” Angei then argued that the jury should have been instructed on Reckless Endangering Second because there was a “rational basis” in the evidence for the jury to acquit Angei of Murder in the Second Degree and convict him of Reckless 17 HRS § 707-714(1)(a) states: “A person…”
State v. Angei (2020) hawapp
— Haw. Rev. Stat. § 707-714(1)(b) — 3 cases
State v. Thromman (2022) hawapp
State v. Bida (2020) hawapp
State v. Del Rosario (2024) hawapp
— Haw. Rev. Stat. § 707-714(1993) — 1 case
State v. Culkin (2001) haw “2000), [1] and reckless endangering in the second degree, in violation of HRS § 707-714 (1993). [2] Culkin is currently serving an indeterminate term of twenty years of incarceration and a concurrent term of one year.”
— Haw. Rev. Stat. § 707-714(2) — 2 cases
State v. Culkin (2001) haw “2000), [1] and reckless endangering in the second degree, in violation of HRS § 707-714 (1993). [2] Culkin is currently serving an indeterminate term of twenty years of incarceration and a concurrent term of one year.”
State v. Martins (2004) hawapp
— Haw. Rev. Stat. § 707-714(a) — 1 case
State v. Martin. ICA s.d.o., filed 03/29/2019. (2020) haw “28 HRS § 707-714, “Reckless endangering in the second degree,” provides in relevant part: (1) A person commits the offense of reckless endangering in the second degree if the person: (a) Engages in conduct that recklessly places another person in danger of death or serious…”
— Haw. Rev. Stat. § 707-714(b) — 1 case
State v. Del Rosario (2024) hawapp
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