Haw. Pattern Jury Instr. (Criminal) 10.45

Degree: H.R.S. § 708-836.5

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

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

Information, the] [The] Defendant, (defendant's name), is

charged with the offense of Unauthorized Entry Into Motor

Vehicle in the First Degree.

A person commits the offense of Unauthorized Entry Into

Motor Vehicle in the First Degree if the person intentionally or

knowingly enters or remains unlawfully in a motor vehicle,

without being invited, licensed, or otherwise authorized to

enter or remain within the vehicle, with the intent to commit a

crime against a person or property rights.

There are four material elements of the offense of

Unauthorized Entry Into Motor Vehicle in the First Degree, each

of which the prosecution must prove beyond a reasonable doubt.

These four elements are:

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

(name of county), the Defendant unlawfully [entered into a motor

vehicle][remained in a motor vehicle]; and

2. That the Defendant did so without being invited,

licensed, or otherwise authorized to enter or remain within the

vehicle; and

3. That the Defendant acted intentionally or knowingly as

to each of the foregoing elements; and

4. That, when the [Defendant unlawfully entered the motor

vehicle,][Defendant's remaining in the motor vehicle became

unlawful,] the Defendant, at that time, had the intent to commit

therein a crime against a person or against property rights.

“Enter” means the least intrusion into a motor vehicle with

the whole physical body, with any part of the body, or with any

instrument appurtenant to the body.*