Robbery in the Second Degree—Recklessly Inflicts

Robbery in the Second Degree—Recklessly Inflicts Serious Bodily Injury: H.R.S. § 708-841(1)(c) (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 recklessly inflicts serious bodily injury on another. 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 recklessly inflicted serious bodily injury on 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 theft] [taking of 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)(c), 708-842, 702-206(3). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions: For definition of terms not defined by H.R.S. Chapter 708, see instructions: For statutory defense to theft, see instruction 10.11A.