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HAWJIC 10.03I
Criminal Trespass in the Second Degree
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 12/18/14 · compendium p. 475
Statutes:§708-814
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements to the offense of Criminal Trespass in the Second 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 entered or remained unlawfully in or upon premises; and
2. That the premises were [enclosed in a manner designed to exclude intruders] [fenced]; and
3. That the Defendant did so knowingly.
Criminal Trespass in the Second Degree: H.R.S. § 708-814(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 Second Degree. A person commits the offense of Criminal Trespass in the Second Degree if he/she knowingly enters or remains unlawfully in or upon premises that are [enclosed in a manner designed to exclude intruders] [fenced].
There are three material elements to the offense of Criminal Trespass in the Second 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 entered or remained unlawfully in or upon premises; and
2. That the premises were [enclosed in a manner designed to exclude intruders] [fenced]; and
3. That the Defendant did so knowingly.
Notes H.R.S. § 708-814 (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.