Haw. Pattern Jury Instr. (Criminal) 10.01

H.R.S. § 708-810(1)(a)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant's name), is charged with the offense

of Burglary in the First Degree.

A person commits the offense of Burglary in the First

Degree if he/she intentionally [enters unlawfully into a

building] [remains unlawfully in a building], with intent to

commit therein a crime against a person or against property

rights, and he/she is armed with a dangerous instrument in the

course of committing the offense.

There are three material elements of the offense of

Burglary in the First Degree, each of which the prosecution must

prove beyond a reasonable doubt.

These three elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant intentionally [entered

unlawfully into a building] [remained unlawfully in a building];

and

2. That the Defendant had the intent to commit therein a

crime against a person or against property rights; and

3. That the Defendant was intentionally armed with a

dangerous instrument in the course of committing the offense.

An act occurs 'in the course of committing the offense' if

it occurs in effecting entry or while in the building, or in

immediate flight therefrom.