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HAWJIC 10.09A
CRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 5/3/18 · compendium p. 501
Statutes:§708-822
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Criminal Property Damage in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant damaged the property of another; and
2. That the Defendant did so without the other=s consent; and
3. That the damage to the property exceeded [$500*]
[$100]; and
4. That the Defendant acted intentionally as to each of the foregoing elements.
CRIMINAL PROPERTY DAMAGE IN THE THIRD DEGREE: HRS § 708-822(1)(b) (Applicable to offenses that occurred on or before June 8, 2006)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Criminal Property Damage in the Third Degree. A person commits the offense of Criminal Property Damage in the Third Degree if he/she intentionally damages the property of another, without the other’s consent, in an amount exceeding
[$500*] [$100].
There are four material elements of the offense of Criminal Property Damage in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant damaged the property of another; and
2. That the Defendant did so without the other=s consent; and
3. That the damage to the property exceeded [$500*]
[$100]; and
4. That the Defendant acted intentionally as to each of the foregoing elements.
Notes HRS §§ 708-822(1)(b), 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by HRS Chapter 708, see instructions: For prima facie inference and defense regarding Defendant's state of mind as to the value of the property, see instruction (valuation of property). However, “HRS § 708-801, by its clear terms, applies only when ‘the value of property or services is determinative of the class or grade of an offense.’ . . . HRS § 708-822 does not, on its face, require a determination of the value of property; HRS § 708-822 refers to the amount of damage done by the offender not the value of the property damaged.” State v. Pardee, 86 Hawai`i 165, 168, 948 P.2d 586, 589 (App. 1997) (emphasis added). The Intermediate Court also found that even if HRS § 708-801 was applicable to criminal property damage offenses, the value of the damaged items had been sufficiently proved. *The $500 amount is applicable to offenses that occur on or after June 17, 1996.
Verify against the current official HAWJIC compendium.