MURDER IN THE FIRST DEGREE – WHILE DEFENDANT

MURDER IN THE FIRST DEGREE – WHILE DEFENDANT IMPRISONED: H.R.S. § 707-701(e) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Murder in the First Degree. A person commits the offense of Murder in the First Degree if he/she intentionally or knowingly causes the death of another person while the Defendant is imprisoned. There are three material elements of the offense of Murder in the First Degree, 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 caused the death of another person; and 2. That the Defendant did so intentionally or knowingly; and 3. That the Defendant did so while the Defendant was imprisoned. Notes H.R.S. §§ 707-701(e), 702-206(1) and (2). For definition of states of mind, see instructions: There was discussion by the Committee as to whether a state of mind requirement is applicable to Defendant's imprisonment status in element 3 of the offense.