FRAUDULENT USE OF A CREDIT CARD – OBTAINS, ATTEMPTS

FRAUDULENT USE OF A CREDIT CARD – OBTAINS, ATTEMPTS TO OBTAIN OR CONSPIRES TO OBTAIN: H.R.S. § 708-8100(1)(b) [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 [obtains] [attempts to obtain] [conspires to obtain], [money] [goods] [services] [anything else of value] that together exceeds $300 in any six- month period [by representing without the consent of the cardholder that the person is the holder of a specified card] [by representing that the person is the holder of a card and such card has not in fact been issued]. 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 [obtained] [attempted to obtain] [conspired to obtain], [money] [goods] [services] [anything else of value]; and 2. That the [money] [goods] [services] [anything else of value] together exceeded $300 in any six-month period; and 3. That the Defendant did so [by representing without the consent of the cardholder that the person is the holder of a specified card] [by representing that the person is the holder of a card and such card has not in fact been issued]; 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)(b), 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 Hawaiʻi 389, 69 P.3d 517 (2003)(setting forth a suggested instruction for the offense of theft in the second degree by shoplifting, which contains the element of “intent to defraud”). For elements of conspiracy, see instruction 14.05.