THEFT IN THE SECOND DEGREE – DECEPTION

THEFT IN THE SECOND DEGREE – DECEPTION: HRS § 708-831(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 Second Degree. A person commits the offense of Theft in the Second Degree if he/she obtains or exerts control over the property of another, the value of which exceeds $300, by deception with intent to deprive the person of the property. There are five material elements of the offense of Theft in the Second 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 $300; and 5. That the value of the property exceeded $300. Notes H.R.S. §§ 708-831(1)(b), 708-830(2), 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 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. H.R.S. §§708 830(3) and 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, that he/she knows [to have been lost or mislaid] [to have been delivered under a mistake as to the [nature or amount of the property] [identity of the recipient] [(insert other fact)]*] and, with the intent to deprive the owner of the property, he/she fails to take reasonable measures to discover and notify the owner of the property. There are six material elements of the offense of Theft in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These six 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 intentionally; and 3. That the Defendant knew the property [to have been lost or mislaid] [to have been delivered under a mistake as to the [nature or amount of the property] [identity of the recipient] [(insert other fact)]*]; and 4. That, with the intent to deprive the owner of the property, the Defendant failed to take reasonable measures to discover and notify the owner of the property; and 5. That the Defendant was aware or believed that the value of the property exceeded $20,000; and 6. That the value of the property exceeded $20,000. Notes H.R.S. §§703-830(3) and 708-831(1)(b). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions: For prima facie inference and defense regarding Defendant’s state of mind as to the value of the services, see instruction For statutory defense, see instruction 10.11A. *This alternative should be consistent with the charging document. Property: H.R.S. §§708-830(3) and 708-831(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 Second Degree. A person commits the offense of Theft in the Second Degree if he/she obtains or exerts control over the property of another, the value of which exceeds $300, that he/she knows [to have been lost or mislaid] [to have been delivered under a mistake as to the [nature or amount of the property] [identity of the recipient] [(insert other fact)]*] and, with the intent to deprive the owner of the property, he/she fails to take reasonable measures to discover and notify the owner of the property. There are six material elements of the offense of Theft in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These six 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 intentionally; and 3. That the Defendant knew the property [to have been lost or mislaid] [to have been delivered under a mistake as to the [nature or amount of the property] [identity of the recipient] [(insert other fact)]*]; and 4. That, with the intent to deprive the owner of the property, the Defendant failed to take reasonable measures to discover and notify the owner of the property; and 5. That the Defendant was aware or believed that the value of the property exceeded $300; and 6. That the value of the property exceeded $300. Notes H.R.S. §§703-830(3) and 708-831(1)(b). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instructions: For prima facie inference and defense regarding Defendant’s state of mind as to the value of the services, see instruction For statutory defense, see instruction 10.11A. *This alternative should be consistent with the charging document.