FRAUDULENT USE OF A CREDIT CARD – USES, ATTEMPTS OR CONSPIRES TO USE

FRAUDULENT USE OF A CREDIT CARD – USES, ATTEMPTS OR CONSPIRES TO USE: H.R.S. § 708-8100(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Fraudulent Use of a Credit Card. A person commits the offense of Fraudulent Use of a Credit Card, if with intent to defraud [the issuer] [another person or organization providing money, goods, services, or anything else of value] [any other person], the person [uses] [attempts to use] [conspires to use], for the purpose of obtaining [money] [goods] [services] [anything else of value] that together exceeds $300 in any six-month period a credit card [obtained or retained in violation of the law prohibiting theft of a credit card] [which the person knows is forged, expired, or revoked]. There are four material elements of the offense of Fraudulent Use of a Credit Card, each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant [used] [attempted to use] [conspired to use] a credit card [obtained or retained in violation of the law prohibiting theft of a credit card] [which the person knows is forged, expired, or revoked]; and 2. That the Defendant did so for the purpose of obtaining [money] [goods] [services] [anything else of value]; and 3. That together the [money] [goods] [services] [anything else of value] exceeded $300 in any six-month period; and 4. That the Defendant did so with intent to defraud [the issuer] [another person or organization providing money, goods, services, or anything else of value] [any other person]. “Intent to defraud” means that the Defendant either (a) intended to use deception to injure [the issuer’s interest] [the interest of another person or organization providing money, goods, services, or anything else] [any other person’s interest], which had value, in which case the requisite state of mind as to each of the foregoing elements is “intentionally,” or (b) knew that he/she was facilitating an injury to [the issuer’s interest] [the interest of another person or organization providing money, goods, services, or anything else] [any other person’s interest], which had value, in which case the requisite state of mind as to each of the foregoing elements is “knowingly.” Notes H.R.S. §§ 708-8100(1)(a), 702-206(1) and (2). When the court elects the alternative involving violation of the law prohibiting Theft of a Credit Card, the court must instruct the jury on the elements of Theft of a Credit Card. See H.R.S. § 708-8102 and instructions 10.39 – 10.42. 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”). For elements of conspiracy, see instruction 14.05. For prima facie inference when the notice of revocation was mailed to Defendant at the address set forth on the credit card or at the last known address by registered or certified mail, return receipt requested, and, if the address was more than 500 miles from the place of mailing by air mail, see instruction