ROBBERY IN THE FIRST DEGREE – ARMED WITH DANGEROUS

ROBBERY IN THE FIRST DEGREE – ARMED WITH DANGEROUS INSTRUMENT AND THREATENED USE OF FORCE: H.R.S. § 708-840(1)(b)(ii) (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 is armed with a dangerous instrument, and he/she threatens the imminent use of force against the person of anyone who is present, with intent to compel acquiescence to the taking of or escaping with the property. There are three material elements of the offense of Robbery in the First 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 was in the course of committing theft; and 2. That [, while doing so,] the Defendant was armed with a dangerous instrument; and 3. That [, while doing so,] the Defendant threatened the imminent use of force against anyone who is present, with intent to compel acquiescence to the taking of or escaping with the property. 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. “Dangerous instrument” means any firearm, whether loaded or not, or whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury. Notes H.R.S. §§ 708-840(1)(b)(ii), 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 statutory defense to theft, see instruction 10.11A.