Definitions of Terms Used in Chapter 10, Pattern Jury Instructions

Definitions of Terms Used in Chapter 10, Pattern Jury Instructions “Another” means any other person and includes, where relevant, the United States, this State and any of its political subdivisions, and any other state and any of its political subdivisions. (The definition of this term is taken from HRS § 701-118) “Building” includes any structure, and the term also includes any vehicle, railway car, aircraft, or watercraft used for lodging of persons therein; each unit of a building consisting of two or more units separately secured or occupied is a separate building. “Cable television service” means one-way transmission of programming provided by, or generally considered comparable to programming provided by, a television broadcast station or other information made available by a cable operator to all subscribers generally. “Cable television service device” means any mechanical or electronic instrument, apparatus, equipment or device which can be used to obtain cable television services without payment of applicable charges therefor. A “cable television service device” does not include any instrument, apparatus, equipment, device, facility or any component thereof furnished by a cable operator in the ordinary course of its business. “Cardholder” means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. “Control over the property” means the exercise of dominion over the property and includes, but is not limited to, taking, carrying away, or possessing the property, or selling, conveying, or transferring title to or an interest in the property. “Credit card” means any instrument or device, whether known as a credit card, credit plate, debit card, electronic benefits transfer card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value. “Deception” occurs when a person knowingly: (a) creates or confirms another's impression which is false and which the defendant does not believe to be true; or (b) fails to correct a false impression which he previously has created or confirmed; or (c) prevents another from acquiring information pertinent to the disposition of the property involved; or d) sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or (e) promises performance which he/she does not intend to perform or knows will not be performed, but a person's intention not to perform a promise shall not be inferred from the fact alone that he/she did not subsequently perform the promise. The term “deception” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. “Puffing” means an exaggerated commendation of wares or services in communications addressed to the public or to a class or group. “Deprive” means: (a) to withhold property or cause it to be withheld from a person permanently or for so extended a period or under such circumstance that a significant portion of its economic value, or of the use and benefit thereof, is lost to him; or (b) to dispose of the property so as to make it unlikely that the owner will recover it; or (c) to retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or (d) to sell, give, pledge, or otherwise transfer any interest in the property; or (e) to subject the property to the claim of a person other than the owner. “Distributes” means to sell, transfer, give or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same. “Dwelling” means a building which is used or usually used by a person for lodging. “Enter or remain unlawfully” means to enter or remain in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of the person’s intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. “Expired credit card” means a credit card which is no longer valid because the term shown on the credit card has elapsed. “Government” means the United States, or any state, county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty. As used in this definition “state” includes any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. “Intent to defraud” means: (a) an intent to use deception to injure another's interest which has value; or (b) knowledge by the defendant that he is facilitating an injury to another's interest which has value. “Issuer” means the business organization or financial institution which issues a credit card or its agent. “Obtain” means when used in relation to property, to bring about a transfer of possession or other interest, whether to the obtainer or to another. “Owner” means a person, other than the defendant, who has possession of or any other interest in, the property involved, even though that possession or interest is unlawful; however, a secured party is not an owner in relation to a defendant who is a debtor with respect to property in which the secured party has only a security interest. “Person,” “he,” “him,” “actor,” and “defendant” include any natural person, including any natural person whose identity can be established by means of scientific analysis, including but not limited to scientific analysis of deoxyribonucleic acid and fingerprints, whether or not the natural person’s name is known, and, where relevant, a corporation or an unincorporated association. (The definition of these terms is from HRS § 701- 118) “Premises” includes any building and any real property. “Property” means any money, personal property, real property, thing in action, evidence of debt or contract, or article of value of any kind. Commodities of a public utility nature such as gas, electricity, steam, and water constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property. “Property of another” means property which any person, other than the defendant, has possession of or any other interest in, even though that possession or interest is unlawful. “Receives” or “receiving” includes but is not limited to acquiring possession, control, or title, and taking a security interest in the property. “Revoked credit card” means a credit card which is no longer valid because permission to use the credit card has been suspended or terminated by the issuer. “Services” includes but is not limited to labor, professional services, transportation, telephone or other public services, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, and the supplying of equipment for use. “Stolen” means obtained by theft or robbery. “Unauthorized control over property” means control over property of another which is not authorized by the owner. “Widely dangerous means” includes explosion, flood, avalanche, collapse of building, poison gas, radioactive material, or any other material, substance, force, or means capable of causing potential widespread injury or damage.