AFFIRMATIVE DEFENSE: UNAUTHORIZED CONTROL OF PROPELLED VEHICLE – OPERATING

AFFIRMATIVE DEFENSE: UNAUTHORIZED CONTROL OF PROPELLED VEHICLE – OPERATING: H.R.S. § 708-836(3) It is an affirmative defense to a charge of Unauthorized Control of Propelled Vehicle that the Defendant: (a) Received authorization to use the vehicle from an agent of the owner where the agent had actual or apparent authority to authorize such use; or (b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle. Notes H.R.S. § 708-836(3). For definition of “affirmative defense,” see instruction