THEFT IN THE SECOND DEGREE – RECEIVING STOLEN

THEFT IN THE SECOND DEGREE – RECEIVING STOLEN PROPERTY: 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 intentionally receives, retains, or disposes of the property of another, the value of which exceeds $300, knowing that it has been stolen, with intent to deprive 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 received, retained, or disposed of the property of another; and 2. That the Defendant did so intentionally; and 3. That the Defendant did so knowing that the property had been stolen; and 4. That the Defendant did so with intent to deprive the owner of the property; and 5. That the Defendant was aware or believed the value of the property exceeded $300; and 6. That the value of the property exceeded $300. Notes H.R.S. §§ 703-831(1)(b), 708-830(7), 702-206(1) and (2). 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. For prima facie inference when Defendant is a dealer in property of the kind received who knowingly paid far below its reasonable value, see instruction 10.13A.