Haw. Pattern Jury Instr. (Criminal) 10.04A

Emergency or Disaster Relief Period: H.R.S. § 708-817

(Applicable to offenses occurring on or after May 22, 2006)

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

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

of Burglary of a Dwelling During a Civil Defense Emergency or

Disaster Relief Period.

A person commits the offense of Burglary of a Dwelling

During a Civil Defense Emergency or Disaster Relief Period if

during a [civil defense emergency] [disaster relief period], the

defendant intentionally [enters a dwelling unlawfully][remains

unlawfully in a dwelling], 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 six material elements of the offense of Burglary

of a Dwelling During a Civil Defense Emergency or Disaster

Relief Period, each of which the prosecution must prove beyond a

reasonable doubt.

These six elements are:

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

(name of county), the Defendant intentionally [entered

unlawfully in 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; and

5. That the defendant's foregoing behavior occurred

during [the time of a civil defense emergency proclaimed by the

governor pursuant to the Civil Defense and Emergency Act within

the area covered by the civil defense emergency][the period of

disaster relief under Chapter 127, H.R.S.]; and

6. That the defendant recklessly disregarded the risk

that his/her behavior occurred during [the time of a civil

defense emergency proclaimed by the governor pursuant to the

Civil Defense and Emergency Act within the area covered by the

civil defense emergency] [the period of disaster relief under

Chapter 127, H.R.S.].