§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.



 



COMMENTARY ON §§707-713 AND 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 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.



 



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.



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



  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.



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



 



__________



§§707-713 And 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).