Haw. Pattern Jury Instr. (Criminal) 10.03

H.R.S. § 708-810(1)(c)

[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 recklessly disregards a risk that the

building is the dwelling of another, and the building is such a

dwelling.

There are four material elements of the offense of Burglary

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

beyond a reasonable doubt.

These four 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 recklessly disregarded the risk

that the building was the dwelling of another; and

4. That the building was a dwelling of another.