FORGERY IN THE SECOND DEGREE

FORGERY IN THE SECOND DEGREE: H.R.S. § 708-852 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Forgery in the Second Degree. A person commits the offense of Forgery in the Second Degree if, with intent to defraud, he/she falsely [makes] [completes] [endorses] [alters] a written instrument, or utters a forged instrument, which is or purports to be, or which is calculated to become or to represent if completed, a [deed] [will] [codicil] [contract] [assignment] [commercial instrument] [other instrument] which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. There are two material elements of the offense of Forgery in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant falsely [made] [completed] [endorsed] [altered] a written instrument, or uttered a forged instrument, which is or purported to be, or which is calculated to become or to represent if completed, a [deed] [will] [codicil] [contract] [assignment] [commercial instrument] [other instrument] which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; and 2. That the Defendant did so with the intent to defraud. “Intent to defraud” means that the Defendant either (a) intended to use deception to injure another person’s interest, which had value, in which case the required state of mind is “intentionally,” or (b) knew that he/she was facilitating an injury to another person’s interest, which had value, in which case the required state of mind is “knowingly.” “Complete written instrument” means a written instrument which purports to be genuine and fully drawn with respect to every essential feature thereof. “Falsely alter”, in relation to a written instrument, means to change, without the authority of the ostensible maker or drawer, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that the instrument so altered falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by that person. “Falsely complete”, in relation to a written instrument, means to transform, by adding, inserting, or changing matter, an incomplete written instrument into a complete one, without the authority of the ostensible maker or drawer, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him. “Falsely endorse”, in relation to a written instrument, means to endorse, without the authority of the ostensible maker or drawer, any part of a written instrument, whether complete or incomplete, so that the written instrument so endorsed falsely appears or purports to be authorized by the ostensible maker or drawer. “Falsely make”, in relation to a written instrument, means to make or draw a complete written instrument, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, the person did not authorize the making or drawing thereof. “Forged instrument” means a written instrument which has been falsely made, completed, or altered. “Incomplete written instrument” means a written instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument. “Utter”, in relation to a forged instrument, means to offer, whether accepted or not, a forged instrument with representation by acts or words, oral or in writing, that the instrument is genuine. “Written instrument” means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) Any token, coin, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification. Notes H.R.S. §§ 708-852, 708-850, 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 708, see instructions: See State v. Shinyama, 101 Hawai‘i 389, 69 P.3d 517 (2003). (setting forth a suggested instruction for the offense of theft in the second degree by shoplifting, which contains an element of “intent to defraud”).