HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 10.03D
Affirmative Defense to Unauthorized Entry in a
Dwelling: H.R.S. § 708-812.6(3)
(Applicable to offenses occurring from
June 22, 2006 through July 4, 2011)
The Defendant has raised an affirmative defense to the
offense of Unauthorized Entry in a Dwelling. Before you may
consider the affirmative defense, you must first determine
whether the prosecution has proved all of the elements of
Unauthorized Entry in a Dwelling beyond a reasonable doubt. If
you unanimously find that the prosecution has not proved all of
the elements of that offense beyond a reasonable doubt, then you
must find the Defendant not guilty of the offense without
considering the affirmative defense. If you unanimously find
that the prosecution has proved all of the elements of the
offense beyond a reasonable doubt, then you must consider the
affirmative defense.
There are three elements for to the affirmative defense,
each of which the Defendant must prove.
These three elements are:
1. That there was a social gathering of invited guests at
the dwelling the Defendant entered; and
2. That the Defendant intended to join the social
gathering; and
3. That the Defendant did not intend to commit any unlawful
act other than the unlawful entry.
The Defendant must prove an affirmative defense by a
preponderance of the evidence. This means that the Defendant
must prove that it is more likely than not, or more probable
than not, that each element of the affirmative defense occurred.
In determining whether the defendant has proved an affirmative
defense by a preponderance of the evidence, you must consider
all of the evidence that has been presented to you regardless of
who presented it.
Your determination as to whether the Defendant has proved
the affirmative defense must be unanimous and is to be indicated
by answering “Yes” or “No” on a special interrogatory that will
be provided to you.
If you are unable to reach a unanimous agreement as to
whether the affirmative defense has been proved or not been
proved, then a verdict may not be returned on the charge of
Unauthorized Entry in a Dwelling.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
327bb94fb746e95f55f933667891b54d659c47f42af2af7f98cacf6b5dc7fc55
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