Haw. Pattern Jury Instr. (Criminal) 14.01A

PURPOSE TO CULMINATE IN COMMISSION OF OFFENSE:

H.R.S. §§ 705-500(1)(b) and (3), 708-810(1)(c)

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

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

of Attempted Burglary in the First Degree.

A person commits the offense of Attempted Burglary in the

First Degree if, he/she intentionally engages in conduct which,

under the circumstances as he/she believes them to be,

constitutes a substantial step in a course of conduct intended

to culminate in his/her commission of Burglary in the First

Degree.

There are two material elements of the offense of Attempted

Burglary in the First 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 intentionally engaged in

conduct; and

2. That the conduct, under the circumstances as the

Defendant believed them to be, was a substantial step in a

course of conduct intended by the Defendant to culminate in the

commission of Burglary in the First Degree.

Conduct shall not be considered a substantial step unless

it is strongly corroborative of the Defendant's intent to commit

Burglary in the First Degree.

A person commits the offense of Burglary in the First

Degree if he/she intentionally enters or remains unlawfully in a

building, 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.