ATTEMPT -- PURPOSE TO CAUSE PROSCRIBED RESULT

ATTEMPT -- PURPOSE TO CAUSE PROSCRIBED RESULT: H.R.S. § 705-500(2) 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, is a substantial step in a course of conduct intended or known to cause (specify result of offense which is an element of the offense and any attendant circumstance with the required state of mind). There are (specify number) material elements of the offense of Attempted (specify substantive offense), each of which the prosecution must prove beyond a reasonable doubt. These (specify number) 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 Defendant believed them to be, was a substantial step in a course of conduct intended or known to be practically certain by the Defendant to cause (specify result of offense which is an element of the offense); and 2. That the Defendant engaged in such conduct intentionally. [and] *(3. Specify attendant circumstance with the required state of mind.) Conduct shall not be considered a substantial step unless it is strongly corroborative of the Defendant's intent to commit (specify substantive offense) , which is, (state elements of substantive offense). Notes This form of attempt instruction is appropriate, for example, where the actor has engaged in conduct that he/she expects to cause a proscribed result. *Element three need only be given when the definition of the offense includes an attendant circumstance. H.R.S. §§ 705-500(2) and (3), 702-206(1); see State v. Kinnane, No. 15713 (Haw. filed June 15, 1995). For definition of states of mind, see 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