ATTEMPT -- CONDUCT WOULD CONSTITUTE CRIME EXCEPT

ATTEMPT -- CONDUCT WOULD CONSTITUTE CRIME EXCEPT MISTAKE AS TO ATTENDANT CIRCUMSTANCES: H.R.S. § 705-500(1)(a) [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 would constitute (specify substantive offense) if the attendant circumstances were as he/she believed them to be. 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 would have constituted (specify substantive offense) if the attendant circumstances, (specify attendant circumstances), were as the Defendant believed them to be; and 2. That the Defendant engaged in such conduct intentionally. A person commits the offense of (specify substantive offense) if (define substantive offense). Notes This form of attempt instruction is appropriate, for example, where the actor's conduct would constitute the crime if the circumstances were as the actor believed them to be. In this situation, the actor has done all that he/she intends to do, but the crime has not been committed. H.R.S. §§ 705-500(1)(a) 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