Robbery in the Second Degree—Use of Force:\

Robbery in the Second Degree—Use of Force:\ H.R.S. § 708-841(1)(a) (Applicable to offenses occurring on or after June 22, 2006) [In count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Robbery in the Second Degree. A person commits the offense of Robbery in the Second Degree if, in the course of [committing theft] [taking a motor vehicle without consent], he/she uses force against the person of anyone present, with intent to overcome the person's physical resistance or physical power of resistance. There are two material elements of the offense of Robbery 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 was in the course of [committing theft] [taking a motor vehicle without consent]; and 2. That [, while doing so,] the Defendant used force against the person of anyone present, with intent to overcome that person's physical resistance or physical power of resistance. [A person commits theft if he/she [intentionally] 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] [taking a motor vehicle without consent]” if it occurs in an attempt to [commit theft] [take a motor vehicle without consent] in the commission of [theft][taking a motor vehicle without consent] or in the flight after the attempt or commission. Notes H.R.S. §§ 708-841(1)(a), 708-842, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions: For statutory defense to theft, see instruction 10.11A.