THEFT IN THE FIRST DEGREE – DYNAMITE OR OTHER

THEFT IN THE FIRST DEGREE – DYNAMITE OR OTHER EXPLOSIVES: H.R.S. § 708-830.5(1)(c) [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 dynamite or other explosives of another with intent to deprive the person of the dynamite or other explosives. 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 dynamite or other explosives of another; and 2. That the Defendant did so with intent to deprive the person of the dynamite or other explosives. Notes H.R.S. §§ 708-830.5(1)(c), 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 statutory defense, see instruction 10.11A.