CARRYING OR USE OF A FIREARM IN THE COMMISSION OF A SEPARATE FELONY

CARRYING OR USE OF A FIREARM IN THE COMMISSION OF A SEPARATE FELONY: H.R.S. § 134-6(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of [Carrying] [Immediate Control of] [Use of] [Threatening to Use] a Firearm While Engaged in the Commission of a Separate Felony. A person commits the offense of [Carrying] [Immediate Control of] [Use of] [Threatening to Use] a Firearm While Engaged in the Commission of a Separate Felony if he/she [knowingly carries on his/her person] [knowingly has within his/her immediate control] [intentionally uses] [intentionally threatens to use] a firearm while engaged in the commission of a separate felony, whether the firearm was loaded or not, and whether it was operable or not. There are three material elements of the offense of [Carrying] [Immediate Control of] [Use of] [Threatening to Use] a Firearm While Engaged in the Commission of a Separate Felony, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant [carried on his/her person] [had within his/her immediate control] [used] [threatened to use] a firearm, whether the firearm was loaded or not, and whether operable or not; and 2. That the Defendant did so while engaged in the commission of (specify applicable felony(s)); and 3. That the Defendant did so [knowingly*] [intentionally*]. [A person commits the offense of (specify felony offense) if he/she . . . There are (number) material elements of the (specify felony offense), each of which the prosecution must prove beyond a reasonable doubt. These (number) elements are: (List elements numerically).] Notes H.R.S. §§ 134-6(a), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 134, see instruction: For statutory exemptions to H.R.S. § 134-6(a), see instruction 15.14. The court must instruct the jury on the elements of any applicable separate felony, whether charged or not, and included felonies. These felonies should also be named in element two of the instruction. *The state of mind must correlate to the conduct, e.g. knowingly carried or intentionally used.