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HAWJIC 6.02

STATE OF MIND -- INTENTIONALLY

Hawaiʻi Pattern Jury Instructions — Criminal · December 1991 · compendium p. 136

STATE OF MIND -- INTENTIONALLY A person acts intentionally with respect to his conduct when it is his conscious object to engage in such conduct. A person acts intentionally with respect to attendant circumstances when he is aware of the existence of such circumstances or believes or hopes that they exist. A person acts intentionally with respect to a result of his conduct when it is his conscious object to cause such a result. Commentary See HRS § 702-206(1). Where the evidence of crime was such that it could only have been done intentionally, the use of the surplus words "or knowingly" in a jury instruction was not error. State v. Reiger, 64 Haw. 510, 644 P.2d 959 (1982) (attempted murder). "The basic distinction between a person who acts purposely (intentionally) and one who acts knowingly is that the former actor desires to engage in given conduct (which happens to amount to a crime) or desires by his conduct to cause a prohibited harmful result, while the latter actor is merely aware that he is engaging in given conduct (which happens to amount to a crime) or is aware that it is practically certain that his conduct will cause a prohibited harmful result." State v. Pinero, 70 Haw. 509, 522 n.7, 778 P.2d 704 (1989) (emphasis in original).

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