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HAWJIC 10.10
CRIMINAL PROPERTY DAMAGE IN THE FOURTH DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/1/18 · compendium p. 503
Statutes:§708-823
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Criminal Property Damage in the Fourth 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), by means other than fire, the Defendant damaged the property of another; and
2. That the Defendant did so without the other’s consent; and
3. That the Defendant did so intentionally.
CRIMINAL PROPERTY DAMAGE IN THE FOURTH DEGREE: H.R.S. § 708-823 (Applicable to offenses occurring on or after June 6, 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 Fourth Degree. A person commits the offense of Criminal Property Damage in the Fourth Degree if by means other than fire, he/she intentionally damages the property of another without the other’s consent.
There are three material elements of the offense of Criminal Property Damage in the Fourth 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), by means other than fire, the Defendant damaged the property of another; and
2. That the Defendant did so without the other’s consent; and
3. That the Defendant did so intentionally.
Notes H.R.S. §§ 708-823, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by HRS Chapter 708, see instructions:
Also references
Verify against the current official HAWJIC compendium.