Burglary in the First Degree – Dangerous Instrument

Burglary in the First Degree – Dangerous Instrument: H.R.S. § 708-810(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Burglary in the First Degree. A person commits the offense of Burglary in the First Degree if he/she intentionally [enters unlawfully into a building] [remains unlawfully in a building], with intent to commit therein a crime against a person or against property rights, and he/she is armed with a dangerous instrument in the course of committing the offense. There are three material elements of the offense of Burglary in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant intentionally [entered unlawfully into 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 was intentionally armed with a dangerous instrument in the course of committing the offense. An act occurs 'in the course of committing the offense' if it occurs in effecting entry or while in the building, or in immediate flight therefrom. Notes H.R.S. §§ 708-810(1)(a) and (2), 708-840(2), 702-206(1); State v. Mahoe, 89 Hawai'i 284, 972 P.2d 287 (1998). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions: For definition of terms not defined by HRS Chapter 708, see instruction 9.00 – “dangerous instrument.” See also instruction H.R.S. § 708-840. For statutory parameters of a “crime,” see HRS § 701-107.