Home / Jury instructions / HAWJIC 10.03A
HAWJIC 10.03A
Unauthorized Entry in a Dwelling
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 12/18/14 · compendium p. 461
Statutes:§708-812.6
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Unauthorized Entry in a Dwelling, 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 entered unlawfully into a dwelling; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant recklessly disregarded the risk that another person was lawfully present in the dwelling; and
4. That another person, at that time, was lawfully present in the dwelling.
Unauthorized Entry in a Dwelling: H.R.S. § 708-812.6 (Applicable to offenses occurring from June 22, 2006 through July 4, 2011)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Unauthorized Entry in a Dwelling. A person commits the offense of Unauthorized Entry in a Dwelling if he/she intentionally or knowingly enters unlawfully into a dwelling, and he/she recklessly disregards a risk that another person was lawfully present in the dwelling, and another person was lawfully present in the dwelling.
There are four material elements of the offense of Unauthorized Entry in a Dwelling, 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 entered unlawfully into a dwelling; and
2. That the Defendant did so intentionally or knowingly; and
3. That the Defendant recklessly disregarded the risk that another person was lawfully present in the dwelling; and
4. That another person, at that time, was lawfully present in the dwelling.
Notes H.R.S. § 708-812.6. For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions:
Verify against the current official HAWJIC compendium.