UNAUTHORIZED CONTROL OF PROPELLED VEHICLE – CHANGING IDENTITY

UNAUTHORIZED CONTROL OF PROPELLED VEHICLE – CHANGING IDENTITY: H.R.S. § 708-836 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Unauthorized Control of Propelled Vehicle. A person commits the offense of Unauthorized Control of Propelled Vehicle if he/she intentionally or knowingly* exerts unauthorized control over another's propelled vehicle by changing the identity of the vehicle without the owner's consent. There are three material elements of the offense of Unauthorized Control of Propelled Vehicle, 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 exerted unauthorized control over another's propelled vehicle; and 2. That the Defendant did so by changing the identity of the vehicle without the owner's consent; and 3. That the Defendant did so intentionally or knowingly*. "Owner" means the registered owner of the propelled vehicle or the unrecorded owner of the vehicle pending transfer of ownership. "Propelled vehicle" means an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle. Notes HRS §§ 708-836, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by HRS Chapter 708, see instructions: is only applicable to offenses that occur on or before June 16, 1996.) For statutory affirmative defense to this offense, see instruction 10.24A. *The term “knowingly” is to be included within the general statement and elements of the offense when the incident occurred on or after 04/12/99.