IDENTITY THEFT IN THE FIRST DEGREE

IDENTITY THEFT IN THE FIRST DEGREE: H.R.S. § 708-839.6 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name) is charged with the offense of Identity Theft in the First Degree. A person commits the offense of Identity Theft in the First Degree if he/she intentionally makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by [any oral statement] [any written statement] [any statement conveyed by any electronic means] with the intent to [facilitate the commission of a murder in any degree] [facilitate the commission of a class A felony] [facilitate the commission of kidnapping] [facilitate the commission of unlawful imprisonment in any degree] [facilitate the commission of extortion in any degree] [facilitate the commission of any offense under chapter 134] [facilitate the commission of criminal property damage in the first or second degree] [facilitate the commission of escape in any degree] [facilitate the commission of any offense under part VI of chapter 710] [facilitate the commission of any offense under section 711-1103][facilitate the commission of any offense under chapter 842][commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity]. There are two material elements of the offense of Identity Theft in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant intentionally made or caused to be made, either directly or indirectly, a transmission of any personal information of another by [any oral statement] [any written statement] [any statement conveyed by any electronic means]; and 2. That the Defendant did so with intent to [facilitate the commission of a murder in any degree] [facilitate the commission of a class A felony] [facilitate the commission of kidnaping] [facilitate the commission of unlawful imprisonment in any degree] [facilitate the commission of extortion in any degree] [facilitate the commission of any offense under chapter 134] [facilitate the commission of criminal property damage in the first or second degree] [facilitate the commission of escape in any degree] [facilitate the commission of any offense under part VI of chapter 710] [facilitate the commission of any offense under section 711- 1103] [facilitate the commission of any offense under chapter 842] [commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity]. Notes H.R.S. § 708-839.6 For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 708, see instruction: associated with an actual person or a fictitious person that is a name, an address, a telephone number, an electronic mail address, a driver's license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother's maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, or any other name, number, or code that is used, alone or in conjunction with other information, to confirm the identity of an actual or fictitious person. and Second Degrees For other definitions, see instruction: Second Degrees Third Degrees Degrees The court must instruct the jury on the elements of any applicable separate offense, whether charged or not, and included offenses. These offenses should be named in element two of the instruction.