THEFT OF A CREDIT CARD - RECEIVING WHEN

THEFT OF A CREDIT CARD - RECEIVING WHEN KNOWING IT TO BE LOST, MISLAID OR MISDELIVERED: H.R.S. § 708-8102(2) [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 that the person knows to have been [lost] [mislaid] [delivered under a mistake as to the identity or address of the cardholder] and who retains possession 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 the knowledge that the credit card had been [lost] [mislaid] [delivered under a mistake as to the identity or address of the cardholder]; and 3. That the Defendant retained possession of 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(2), 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 "possession", see instruction 6.06.