INFERENCE: THEFT OF A CREDIT CARD – TAKES A CREDIT CARD WITHOUT CONSENT

INFERENCE: THEFT OF A CREDIT CARD – TAKES A CREDIT CARD WITHOUT CONSENT: H.R.S. § 708-8102(1) If you find beyond a reasonable doubt that the Defendant intentionally, knowingly or recklessly had in his/her possession or under his/her control credit cards issued in the names of two or more other persons that had been taken or obtained without the cardholder's consent, you may, but are not required to, infer that Defendant knew that the credit cards had been taken or obtained without the cardholder's consent. If you do so infer, you must nevertheless consider all the evidence in the case in determining whether the State has proven beyond a reasonable doubt that the Defendant knew that the credit cards had been taken or obtained without the cardholder's consent. Notes HRS § 708-8102(1); HRE Rule 306(a)(3). State v. Mitchell, 88 Hawai‘i 216, 965 Hawai‘i 149 (App. 1997); State v. Tabigne, 88 Hawai‘i 296, 966 P.2d 608 (1998). This instruction is appropriate when there is evidence that the 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.