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HAWJIC 14.04

ATTEMPT -- SUBSTANTIAL STEP: PARTICULAR RESULT IS

Hawaiʻi Pattern Jury Instructions — Criminal · 06/29/00 · compendium p. 905

Statutes:§705-500

Material elements — the prosecution must prove each beyond a reasonable doubt

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 intended to commit (specify substantive offense); and 2. That the Defendant intentionally engaged in conduct which was a substantial step in a course of conduct intended or known to be practically certain by the Defendant to cause (specify result of conduct which is an element of the substantive offense). 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 . . . There are (number) elements of the (specify substantive offense) . . . These (number) elements are: (List elements numerically).
ATTEMPT -- SUBSTANTIAL STEP: PARTICULAR RESULT IS ELEMENT OF CRIME: 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, with the intent to commit (specify substantive offense), he/she intentionally engages in conduct which constitutes a substantial step in a course of conduct intended or known to cause (specify result of conduct which is an element of the 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 intended to commit (specify substantive offense); and 2. That the Defendant intentionally engaged in conduct which was a substantial step in a course of conduct intended or known to be practically certain by the Defendant to cause (specify result of conduct which is an element of the substantive offense). 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 . . . There are (number) elements of the (specify substantive offense) . . . These (number) elements are: (List elements numerically). Notes H.R.S. §§ 705-500(2) and (3), 702-206(1) and (2). For definition of states of mind, see instructions: 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

Notes & authorities

H.R.S. §§ 705-500(2) and (3), 702-206(1) and (2). For definition of states of mind, see instructions: 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

Also references

Verify against the current official HAWJIC compendium.