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HAWJIC 10.46
TELEMARKETING FRAUD
Hawaiʻi Pattern Jury Instructions — Criminal · 10/27/03 · compendium p. 627
Statutes:§708-835.6
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Telemarketing Fraud, 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 intentionally engaged in a plan, program, or campaign, including a prize promotion or investment opportunity that was conducted to include the [purchase of goods or services] [solicitation of funds or contributions] by the use of one or more telephones and involving more than one telephone call; and
2. Defendant, with intent to [defraud] [misrepresent], intentionally [obtained] [attempted to obtain] the transfer of
[possession] [control] [ownership] of the property of another; and
3. Defendant intentionally did so through communications conducted at least in part by telephone and involving [direct]
[implied] claims that the person contacted [will or is about to receive anything of value] [may be able to recover any losses suffered by the person contacted in connection with a prize promotion].
TELEMARKETING FRAUD: H.R.S. § 708-835.6
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name) is charged with the offense of Telemarketing Fraud. A person commits the offense of Telemarketing Fraud if, he/she engages in a plan, program, or campaign, including a prize promotion or investment opportunity that was conducted to include the [purchase of goods or services] [solicitation of funds or contributions] by the use of one or more telephones and involving more than one telephone call, and with the intent to
[defraud] [misrepresent], he/she [obtains] [attempts to obtain] the transfer of [possession] [control] [ownership] of the property of another through communications conducted at least in part by telephone and involving [direct] [implied] claims that the person contacted [will or is about to receive anything of value] [may be able to recover any losses suffered by the person contacted in connection with a prize promotion].
There are three material elements of the offense of Telemarketing Fraud, 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 intentionally engaged in a plan, program, or campaign, including a prize promotion or investment opportunity that was conducted to include the [purchase of goods or services] [solicitation of funds or contributions] by the use of one or more telephones and involving more than one telephone call; and
2. Defendant, with intent to [defraud] [misrepresent], intentionally [obtained] [attempted to obtain] the transfer of
[possession] [control] [ownership] of the property of another; and
3. Defendant intentionally did so through communications conducted at least in part by telephone and involving [direct]
[implied] claims that the person contacted [will or is about to receive anything of value] [may be able to recover any losses suffered by the person contacted in connection with a prize promotion].
Notes H.R.S. §708-835.6 For definition of terms defined by H.R.S. Chapter 708, see instructions: For discussion regarding "alternative means" of proving an offense, see, State v. Willie Jones, No. 20543 (Hawaii July 19, 2001).
Verify against the current official HAWJIC compendium.