THEFT IN THE THIRD DEGREE – SERVICES

THEFT IN THE THIRD DEGREE – SERVICES: HRS § 708-832(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 Third Degree. A person commits the offense of Theft in the Third Degree if he/she intentionally obtains services known by him/her to be available only for compensation, by [deception] [false token] [other means to avoid payment for the services] and the value of the services exceeds $100. There are five material elements of the offense of Theft in the Third 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), Defendant obtained services by [deception] [false token] [other means to avoid payment for the services]; and 2. That the Defendant did so intentionally; and 3. That the Defendant knew, at that time, the services were available only for compensation; and 4. That the Defendant was aware or believed the value of the services exceeded $100; and 5. That the value of the services exceeded $100. Notes H.R.S. §§ 708-832(1)(a), 708-830(4), 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 property, see instruction For statutory defense, see instruction 10.11A. For prima facie inference when there is evidence that the services Defendant received are ordinarily paid upon rendering and Defendant absconded without payment, see instruction 10.14A.