Unauthorized Entry Into Motor Vehicle in the Second

Unauthorized Entry Into Motor Vehicle in the Second Degree: H.R.S. § 708-836.6 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Unauthorized Entry Into Motor Vehicle in the Second Degree. A person commits the offense of Unauthorized Entry Into Motor Vehicle in the Second Degree if the person intentionally or knowingly enters into a motor vehicle, without being invited, licensed, or otherwise authorized to do so. There are three material elements of the offense of Unauthorized Entry Into Motor Vehicle in the Second 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 unlawfully entered into a motor vehicle; and 2. That the Defendant did so without being invited, licensed, or otherwise authorized to enter into the motor vehicle; and 3. That the Defendant acted intentionally or knowingly as to each of the foregoing elements. “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. §§ 708-836.6, 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).