Robbery in the First Degree Definition in Hawaii

In State v. Padilla, 57 Haw. 150, 155-56, 552 P.2d 357, 361 (1976), robbery in the first degree was defined as follows: Robbery in the first degree is defined by HRS 708-840, in relevant part, as follows: Sec. 708-840 - Robbery in the first degree. (1) A person commits the offense of robbery in the first degree if, in the course of committing theft: . . . . (b) He is armed with a dangerous instrument and: . . . . (ii) He threatens the imminent use of force against the person of anyone who is present with intent to compel acquiescence to the taking of or escaping with the property. (2) As used in this section, "dangerous instrument" means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury. HRS 708-840 (1993 & Supp. 2004) now defines "dangerous instrument" as "any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury." HRS 708-840(2) (1993). (Padilla, 57 Haw. at 157, 552 P.2d at 362.)