Burglary in the First Degree – Dwelling

Burglary in the First Degree – Dwelling: H.R.S. § 708-810(1)(c) [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 recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling. There are four material elements of the offense of Burglary 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 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 recklessly disregarded the risk that the building was the dwelling of another; and 4. That the building was a dwelling of another. Notes H.R.S. §§ 708-810(1)(c), 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 statutory parameters of a “crime,” see H.R.S. § 701- 107.