HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 10.02
Burglary in the First Degree – Bodily Injury:
H.R.S. § 708-810(1)(b)
[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 intentionally inflicts or attempts to inflict
bodily injury on anyone 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 intentionally inflicted or
attempted to inflict bodily injury on anyone 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.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
259d9dadd91a8b6af67257c2f643d06b4d6d59507ea9f2c8379b8bb15a33a61a
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