THEFT OF A CREDIT CARD – TAKES A CREDIT CARD

THEFT OF A CREDIT CARD – TAKES A CREDIT CARD WITHOUT CONSENT: H.R.S. § 708-8102(1) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Theft of a Credit Card. A person commits the offense of Theft of a Credit Card, if he/she takes a credit card from the [person] [possession] [custody] [control] of another without the cardholder's consent. There are three material elements of the offense of Theft of a Credit Card, 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 took a credit card from the [person] [possession] [custody] [control] of another; and 2. That the Defendant did so without the cardholder's consent; and 3. That the Defendant did so intentionally, knowingly or recklessly. Notes H.R.S. § 708-8102(1), 702-206(1), (2) and (3). For definition of states of mind, see instructions: For definition of terms defined in Chapter 708, see instruction: For definition of "consent", see instruction 7.05. For definition of "possession", see instruction 6.06. For prima facie inference when Defendant had in his/her possession or control credit cards issued in the names of two or more persons that had been taken or obtained without the cardholder's consent, see instruction 10.40A.