VALUE -- DEFINITION

VALUE -- DEFINITION: H.R.S. § 708-801(1), (2) and (3) A. Property or Services Value means the market value of the property or services at the time and place of the offense, or the replacement cost if the market value of the property or services cannot be determined. When the property (or services*) has value but that value cannot be ascertained, the value shall be deemed to be an amount not exceeding $100. **B. Written Instrument The value of an instrument whether or not it has been issued or delivered constituting an evidence of debt, such as a check, traveler's check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied. The value of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. [When the property (or services*) has value but that value cannot be ascertained, the value shall be deemed to be an amount not exceeding $100.] Notes H.R.S. § 708-801(1),(2) and (3). These value definitions are applicable whenever the value of property or services is determinative of the class or grade of an offense, or otherwise relevant to a prosecution. For definition of terms defined by H.R.S. Chapter 708, see instructions: *Inadvertently not included in statute. **When the written instrument has a readily ascertained market value, a value instruction is not appropriate. VALUATION OF PROPERTY OR SERVICES – DEFENSE AND PRIMA FACIE EVIDENCE: HRS § 708-801(4) and (5) *A. If you find beyond a reasonable doubt that the value of the [property] [services] exceeded (specify relevant threshold amount), you may, but are not required to, infer that the Defendant [believed] [knew] the [property] [services] to be of that value. If you do so infer, you must nevertheless consider all the evidence in the case in determining whether the State has proven beyond a reasonable doubt that the Defendant [believed] [knew] the [property] [services] to be of that value. It is a defense to (name of charged offense) that the Defendant believed the valuation of the [property] [services] to be (specify relevant threshold amount) or less. **B. If you find beyond a reasonable doubt that the value of the [property] [services] exceeded (specify relevant threshold amount), you may, but are not required to, infer that the Defendant acted in reckless disregard of the value. If you do so infer, you must nevertheless consider all the evidence in the case in determining whether the State has proven beyond a reasonable doubt that the Defendant acted in reckless disregard of the value. It is a defense that the Defendant did not act intentionally or knowingly, or recklessly disregard a risk that the property was of the specified value. Notes HRS §§ 708-801(4) and (5), 702-206(1), (2) and (3). State v. Mitchell, 88 Hawai‘i 216, 965 P.2d 149 (App. 1998); State v. Tabigne, 88 Hawai‘i 296, 966 P.2d 608 (1998); State v. Cabrera, No. 21617 (Haw. March 17, 1999). For definition of states of mind, see instructions: For definition of terms defined by HRS Chapter 708, see instructions: *Paragraph A is applicable when acting intentionally or knowingly with respect to the value of property or services is required to establish an element of an offense. If paragraph A is submitted to the jury, the court should then instruct upon the included offense, and also submit the valuation defense and inference instructions for the included offense, if applicable. **Paragraph B is applicable when acting recklessly with respect to the value of property or services is required to establish an element of an offense. If paragraph B is submitted to the jury, no instruction on the included offense is necessary because this is a complete defense. Valuation of Property---Common Scheme: H.R.S. §708-801(6) A. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether the property taken be of one person or several persons, may be aggregated in determining the class or grade of offense. B. Amounts involved in offenses of criminal property damage committed pursuant to one scheme or course of conduct, whether the property damaged be of one person or several persons, may be aggregated in determining the class or grade of the offense.