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HAWJIC 10.03H
Criminal Trespass in the First Degree
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 12/18/14 · compendium p. 474
Statutes:§708-813
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Criminal Trespass 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 entered or remained unlawfully
[in a dwelling] [in or upon the premises of a hotel or apartment building]; and
2. That the Defendant did so knowingly.
Criminal Trespass in the First Degree: H.R.S. § 708-813(1)(a)
[In Count (count number) of the Indictment/ Complaint/ Petition, the] [The] Defendant (defendant's name) is charged with the offense of Criminal Trespass in the First Degree. A person commits the offense of Criminal Trespass in the First Degree if he/she knowingly enters or remains unlawfully
[in a dwelling] [in or upon the premises of a hotel or apartment building].
There are two material elements of the offense of Criminal Trespass 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 entered or remained unlawfully
[in a dwelling] [in or upon the premises of a hotel or apartment building]; and
2. That the Defendant did so knowingly.
Notes H.R.S. § 708-813(1)(a). 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.