THEFT IN THE SECOND DEGREE -- THEFT FROM PERSON

THEFT IN THE SECOND DEGREE -- THEFT FROM PERSON: H.R.S. § 708-831(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 Second Degree. A person commits the offense of Theft in the Second Degree if he/she obtains or exerts unauthorized control over property of another, from the person of another, with intent to deprive the person of the property. There are three material elements of the offense of Theft in the Second 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), the Defendant obtained or exerted unauthorized control over property of another; and 2. That the Defendant did so from the person of another; and 3. That the Defendant did so with intent to deprive the person of the property. Notes H.R.S. §§ 708-831(1)(a), 708-830(1), 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.