POSSESSION, USE OR THREAT TO USE A DEADLY OR DANGEROUS

POSSESSION, USE OR THREAT TO USE A DEADLY OR DANGEROUS WEAPON WHILE ENGAGED IN THE COMMISSION OF A CRIME: H.R.S. § 134-51(b) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Possession, Use or Threat to Use a Deadly or Dangerous Weapon While Engaged in the Commission of a Crime. A person commits the offense of Possession, Use or Threat to Use a Deadly or Dangerous Weapon While Engaged in the Commission of a Crime if he/she [knowingly possesses] [intentionally uses] [intentionally threatens to use] a deadly or dangerous weapon while engaged in the commission of a crime. There are three material elements of the offense of Possession, Use or Threat to Use a Deadly or Dangerous Weapon While Engaged in the Commission of a Crime, 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 [possessed] [used] [threatened to use] [a dirk] [a dagger] [a blackjack] [a slug shot] [a billy] [metal knuckles] [a pistol] [other deadly or dangerous weapons]; and 2. That the Defendant did so while engaged in the commission of (specify crime(s)); and 3. That the Defendant did so [intentionally] [knowingly]. [A person commits the offense of (specify crime(s)*) if he/she . . . There are (number) material elements of the (specify crime(s)*), each of which the prosecution must prove beyond a reasonable doubt. These (number) elements are: (List elements numerically).] Notes H.R.S. §§ 134-51(b), 702-206(1) and (2). For definition of states of mind, see instructions: The court must instruct the jury on the elements of the substantive offense if the Defendant is not otherwise charged with the substantive offense. Where there are multiple uncharged offenses, the jury must be instructed that it must unanimously agree that the State proved at least one of the uncharged offenses in order to convict the Defendant of the offense. For statutory parameters of a "crime," see H.R.S. § 701- 107. *Designated crime may be an inchoate offense.