Haw. Pattern Jury Instr. (Criminal) 10.30

H.R.S. § 708-841(1)(b)

(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 threatens the imminent use of

force against the person of anyone who is present, with intent

to compel acquiescence to the taking of or escaping with the

property.

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 of a motor vehicle without consent]; and

2. That [, while doing so,] the Defendant [intentionally]

threatened the imminent use of force against the person of

anyone who is present, with intent to compel acquiescence to the

taking of or escaping with the property.

[A person commits theft if he/she 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.