Haw. Pattern Jury Instr. (Criminal) 10.29

H.R.S. § 708-841(1)(a)

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

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

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

of Robbery in the Second Degree.

A person commits the offense of Robbery in the Second

Degree if, in the course of [committing theft] [taking a motor

vehicle without consent], he/she uses force against the person

of anyone present, with intent to overcome the person's physical

resistance or physical power of resistance.

There are two material elements of the offense of Robbery

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

beyond a reasonable doubt.

These two elements are:

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

(name of county), the Defendant was in the course of [committing

theft] [taking a motor vehicle without consent]; and

2. That [, while doing so,] the Defendant used force

against the person of anyone present, with intent to overcome

that person's physical resistance or physical power of

resistance.

[A person commits theft if he/she [intentionally] obtains

or exerts unauthorized control over the property of another with

intent to deprive the person of the property.]

An act shall be deemed “in the course of [committing a

theft] [taking a motor vehicle without consent]” if it occurs in

an attempt to [commit theft] [take a motor vehicle without

consent] in the commission of [theft][taking a motor vehicle

without consent] or in the flight after the attempt or

commission.