DEFENSE TO THEFT

DEFENSE TO THEFT: H.R.S. § 708-834(1) thru (3) A. It is a defense to a prosecution for theft that the Defendant: ( a) Was unaware that the property or service was that of another; or (b) Believed that he/she was entitled to the property or services under a claim of right or that he/she was authorized, by the owner or by law, to obtain or exert control as he/she did. The burden is upon the prosecution to prove beyond a reasonable doubt that the Defendant (specify defense in negative). If the prosecution does not meet its burden, then you must find the Defendant not guilty. [In a prosecution for theft, it is not a defense that the Defendant has an interest in the property if the owner has an interest in the property to which the Defendant is not entitled.] B. If the owner of the property is the Defendant's spouse, it is a defense to a prosecution for theft of property that: (a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and (b) The Defendant and his/her spouse were living together at the time of the conduct. The burden is upon the prosecution to prove beyond a reasonable doubt that the Defendant (specify defense in negative). If the prosecution does not meet its burden, then you must find the Defendant not guilty. "Household belongings" means furniture, personal effects, vehicles, money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants. Notes H.R.S. § 708-834(1) thru (3).