Haw. Pattern Jury Instr. (Criminal) 10.03B

H.R.S. § 708-812.55

(Applicable to offenses occurring on or after July 5, 2011)

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

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

of Unauthorized Entry in a Dwelling in the First Degree.

A person commits the offense of Unauthorized Entry in a

Dwelling in the First Degree if he/she intentionally or

knowingly enters unlawfully into a dwelling and another person

was, at the time of the entry, lawfully present in the dwelling,

and the other person [was sixty-two years of age or older] [was

an incapacitated person] [had a developmental disability].

There are three material elements of the offense of

Unauthorized Entry in a Dwelling 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 or knowingly

entered unlawfully into a dwelling; and

2. That another person was, at the time of the entry,

lawfully present in the dwelling; and

3. That the other person [was sixty-two years of age or

older] [was an incapacitated person] [had a developmental

disability].