ATTEMPTED BURGLARY IN THE FIRST DEGREE – PURPOSE TO CULMINATE IN COMMISSION OF OFFENSE

ATTEMPTED BURGLARY IN THE FIRST DEGREE – PURPOSE TO CULMINATE IN COMMISSION OF OFFENSE: H.R.S. §§ 705-500(1)(b) and (3), 708-810(1)(c) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Attempted Burglary in the First Degree. A person commits the offense of Attempted Burglary in the First Degree 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 Burglary in the First Degree. There are two material elements of the offense of Attempted Burglary in the First 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 intentionally engaged in conduct; and 2. That the conduct, 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 Burglary in the First Degree. Conduct shall not be considered a substantial step unless it is strongly corroborative of the Defendant's intent to commit Burglary in the First Degree. A person commits the offense of Burglary in the First Degree if he/she intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and he/she recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling. 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), 708-810(1)(c), 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 parameters of a "crime," see H.R.S. § 701- 107. 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