THEFT IN THE FIRST DEGREE – DECEPTION

THEFT IN THE FIRST DEGREE – DECEPTION: HRS § 708-830.5(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Theft in the First Degree. A person commits the offense of Theft in the First Degree if he/she obtains or exerts control over the property of another, the value of which exceeds $20,000, by deception with intent to deprive the person of that property. There are five material elements of the offense of Theft in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant obtained or exerted control over the property of another; and 2. That the Defendant did so by deception; and 3. That the Defendant did so with intent to deprive the person of the property; and 4. That the Defendant was aware or believed the value of the property exceeded $20,000; and 5. That the value of the property exceeded $20,000. Notes H.R.S. §§ 708-830.5(1)(a), 708-830(2), 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 For statutory defense, see instruction 10.11A.