ATTEMPTED MURDER IN THE SECOND DEGREE – PURPOSE TO CAUSE PROSCRIBED RESULT

ATTEMPTED MURDER IN THE SECOND DEGREE – PURPOSE TO CAUSE PROSCRIBED RESULT: H.R.S. §§ 705-500(2) and (3), 707-701.5 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Attempted Murder in the Second Degree. A person commits the offense of Attempted Murder in the Second Degree 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 the death of another person. There are two material elements of the offense of Attempted Murder in the Second 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 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 the death of another person. Conduct shall not be considered a substantial step unless it is strongly corroborative of the Defendant's intent to commit Murder in the Second Degree, which is, intentionally or knowingly causing the death of another person. Notes H.R.S. §§ 705-500(2) and (3), 707-701.5, 702-206(1) and (2). For definitions 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