THEFT OF A CREDIT CARD – RECEIVING WHEN KNOWING IT

THEFT OF A CREDIT CARD – RECEIVING WHEN KNOWING IT HAD BEEN TAKEN 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 receives a credit card with knowledge that it has been taken from the cardholder without consent, with intent to [use it] [sell it] [transfer it to a person other than the issuer or the cardholder]. 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 received a credit card; and 2. That the Defendant did so with knowledge that the credit card had been taken from the [person] [possession] [custody] [control] of another without the cardholder's consent; and 3. That the Defendant received the credit card with intent to [use it] [sell it] [transfer it to a person other than the issuer or the cardholder]. Notes H.R.S. § 708-8102(1), 702-206(1) and (2). 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.