FRAUDULENT USE OF A CREDIT CARD – USES, ATTEMPTS

FRAUDULENT USE OF A CREDIT CARD – USES, ATTEMPTS TO USE OR CONSPIRES TO USE A CREDIT CARD NUMBER: H.R.S. § 708-8100(1)(c) [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] a credit card number without the consent of the cardholder for the purpose of obtaining [money] [goods] [services] [anything else of value] that together exceeds $300 in any six-month period. There are five material elements of the offense of Fraudulent Use of a Credit Card, each of which the prosecution must prove beyond a reasonable doubt. These five 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 number of a cardholder; and 2. That the Defendant did so for the purpose of obtaining [money] [goods] [services] [anything else of value]; and 3. That the value of the [money] [goods] [services] [anything else of value] together exceeded $300 in any six-month period; and 4. That the Defendant did so without the cardholder’s consent; and 5. 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)(c), 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 definition of “consent”, see instruction 7.05. For elements of conspiracy, see instruction 14.05.