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HAWJIC 10.04A
Burglary of a Dwelling During a Civil Defense
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 12/18/14 · compendium p. 477
Statutes:§708-817
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Burglary of a Dwelling During a Civil Defense Emergency or Disaster Relief Period, each of which the prosecution must prove beyond a reasonable doubt.
These six elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant intentionally [entered unlawfully in 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; and
5. That the defendant's foregoing behavior occurred during [the time of a civil defense emergency proclaimed by the governor pursuant to the Civil Defense and Emergency Act within the area covered by the civil defense emergency][the period of disaster relief under Chapter 127, H.R.S.]; and
6. That the defendant recklessly disregarded the risk that his/her behavior occurred during [the time of a civil defense emergency proclaimed by the governor pursuant to the Civil Defense and Emergency Act within the area covered by the civil defense emergency] [the period of disaster relief under Chapter 127, H.R.S.].
Burglary of a Dwelling During a Civil Defense Emergency or Disaster Relief Period: H.R.S. § 708-817 (Applicable to offenses occurring on or after May 22, 2006)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Burglary of a Dwelling During a Civil Defense Emergency or Disaster Relief Period. A person commits the offense of Burglary of a Dwelling During a Civil Defense Emergency or Disaster Relief Period if during a [civil defense emergency] [disaster relief period], the defendant intentionally [enters a dwelling unlawfully][remains unlawfully in a dwelling], 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 six material elements of the offense of Burglary of a Dwelling During a Civil Defense Emergency or Disaster Relief Period, each of which the prosecution must prove beyond a reasonable doubt.
These six elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant intentionally [entered unlawfully in 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; and
5. That the defendant's foregoing behavior occurred during [the time of a civil defense emergency proclaimed by the governor pursuant to the Civil Defense and Emergency Act within the area covered by the civil defense emergency][the period of disaster relief under Chapter 127, H.R.S.]; and
6. That the defendant recklessly disregarded the risk that his/her behavior occurred during [the time of a civil defense emergency proclaimed by the governor pursuant to the Civil Defense and Emergency Act within the area covered by the civil defense emergency] [the period of disaster relief under Chapter 127, H.R.S.].
Notes H.R.S. § 708-817. 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.
Verify against the current official HAWJIC compendium.