Burglary in the Second Degree

Burglary in the Second Degree: H.R.S. § 708-811 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Burglary in the Second Degree. A person commits the offense of Burglary in the Second 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. There are two material elements of the offense of Burglary in the Second 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 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. Notes H.R.S. §§ 708-811, 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.