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HAWJIC 10.04B
Burglary of a Building During a Civil Defense
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 12/18/14 · compendium p. 479
Statutes:§708-818
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Burglary of a Building During a Civil Defense Emergency or Disaster Relief Period, 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 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; and
3. 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
4. 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 Building During a Civil Defense Emergency or Disaster Relief Period: H.R.S. § 708-818 (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 Building During a Civil Defense Emergency or Disaster Relief Period. A person commits the offense of Burglary of a Building During a Civil Defense Emergency or Disaster Relief Period if during a [civil defense emergency][disaster relief period], the defendant 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 four material elements of the offense of Burglary of a Building During a Civil Defense Emergency or Disaster Relief Period, 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 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; and
3. 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
4. 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. § 708-818. 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.