ROBBERY IN THE FIRST DEGREE – ATTEMPT TO KILL OR INFLICT SERIOUS BODILY INJURY

ROBBERY IN THE FIRST DEGREE – ATTEMPT TO KILL OR INFLICT SERIOUS BODILY INJURY: H.R.S. § 708-840(1)(a) (Applicable to offenses that occurred on or before June 21, 2006) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Robbery in the First Degree. A person commits the offense of Robbery in the First Degree if, in the course of committing theft, he/she [attempts to kill another] [intentionally or knowingly* inflicts or attempts to inflict serious bodily injury upon another]. There are two material elements of the offense of Robbery 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 was in the course of committing theft; and 2. That[, while doing so,] the Defendant [attempted to kill another] [intentionally or knowingly* inflicted or attempted to inflict serious bodily injury upon another]. A person commits theft if he/she obtains or exerts unauthorized control over the property of another with intent to deprive the person of the property. An act shall be deemed “in the course of committing a theft” if it occurs in an attempt to commit theft, in the commission of theft, or in the flight after the attempt or commission. A person attempts to kill another if, with the intent to kill, he/she intentionally engages in conduct which is a substantial step in a course of conduct intended or known to be practically certain by the Defendant to cause death. A person attempts to inflict serious bodily injury on another if, with the intent to inflict serious bodily injury, he/she intentionally engages in conduct which is a substantial step in a course of conduct intended or known to create a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Notes H.R.S. §§ 708-840(1)(a), 708-830(1), 708-842, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by HRS Chapter 708, see instructions: For definition of terms not defined by H.R.S. Chapter 708, see instruction: For elements of attempt, see instructions 14.01 through Only the most common form of theft defined by H.R.S. § 708- 830(1) has been included within the instruction; other forms of theft specified by H.R.S. § 708-830 may also be relevant. For statutory defense to theft, see instruction 10.11A. *The term “knowingly” is to be included within the general statement and elements of the offense when the incident occurred on or after 04/29/98.