THEFT IN THE FIRST DEGREE -- FIREARM

THEFT IN THE FIRST DEGREE -- FIREARM: H.R.S. § 708-830.5(1)(b) [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 unauthorized control over a firearm of another with intent to deprive the person of the firearm. There are two material elements of the offense of Theft in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant obtained or exerted unauthorized control over a firearm of another; and 2. That the Defendant did so with intent to deprive the person of the firearm. Notes H.R.S. §§ 708-830.5(1)(b), 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions: For definition of terms not defined by H.R.S. Chapter 708, see instruction: For statutory defense, see instruction 10.11A.