Unauthorized Entry Into Motor Vehicle in the First

Unauthorized Entry Into Motor Vehicle in the First Degree: H.R.S. § 708-836.5 (Applicable to offenses occurring on or after June 22, 2006) [In Count (count number) of the Indictment/ Complaint/ Information, the] [The] Defendant, (defendant's name), is charged with the offense of Unauthorized Entry Into Motor Vehicle in the First Degree. A person commits the offense of Unauthorized Entry Into Motor Vehicle in the First Degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle, without being invited, licensed, or otherwise authorized to enter or remain within the vehicle, with the intent to commit a crime against a person or property rights. There are four material elements of the offense of Unauthorized Entry Into Motor Vehicle in the First Degree, 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 unlawfully [entered into a motor vehicle][remained in a motor vehicle]; and 2. That the Defendant did so without being invited, licensed, or otherwise authorized to enter or remain within the vehicle; and 3. That the Defendant acted intentionally or knowingly as to each of the foregoing elements; and 4. That, when the [Defendant unlawfully entered the motor vehicle,][Defendant's remaining in the motor vehicle became unlawful,] the Defendant, at that time, had the intent to commit therein a crime against a person or against property rights. “Enter” means the least intrusion into a motor vehicle with the whole physical body, with any part of the body, or with any instrument appurtenant to the body.* Notes H.R.S. §§ 708-836.5, 702-206(1) and (2). For definition of states of mind, see instructions: *State v. Faria, 100 Hawai`i 383, 60 P.3d 333 (2002).