ATTEMPT -- PURPOSE TO CULMINATE IN COMMISSION OF OFFENSE

ATTEMPT -- PURPOSE TO CULMINATE IN COMMISSION OF OFFENSE: H.R.S. § 705-500(1)(b) and (3) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Attempted (specify substantive offense). A person commits the offense of Attempted (specify substantive offense) if, he/she intentionally engages in conduct which, under the circumstances as he/she believes them to be, constitutes a substantial step in a course of conduct intended to culminate in his/her commission of (specify substantive offense). There are two material elements of the offense of Attempted (specify substantive offense), 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 engaged in conduct which, under the circumstances as the Defendant believed them to be, was a substantial step in a course of conduct intended by the Defendant to culminate in the commission of (specify substantive offense); and 2. That the Defendant engaged in such conduct intentionally. Conduct shall not be considered a substantial step unless it is strongly corroborative of the Defendant's intent to commit (specify substantive offense). A person commits the offense of (specify substantive offense) if (define substantive offense). Notes This form of attempt instruction is appropriate, for example, when the actor has not yet completed all that he/she intends to do, but liability is prescribed where the actor has taken a substantial step in a course of conduct planned to culminate in the commission of the offense. H.R.S. §§ 705-500(1)(b) and (3), 702-206(1). For definition of states of mind, see instruction: The elements instruction for the substantive offense should follow the attempt instruction. When conduct alleged as substantial step overlaps other charges, or there are multiple substantial steps, see State v. Iosefa, 77 Haw. 177, 880 P.2d 1224 (1994). For instruction on Renunciation of Attempt, see instruction