IDENTITY THEFT IN THE SECOND DEGREE

IDENTITY THEFT IN THE SECOND DEGREE: H.R.S. § 708-839.7 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name) is charged with the offense of Identity Theft in the Second Degree. A person commits the offense of Identity Theft in the Second 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 commit the offense of theft in the second degree from any person or entity. There are two material elements of the offense of Identity Theft in the Second 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 commit the offense of theft in the second degree from any person or entity. Notes H.R.S. § 708-839.7 For definition of states of mind, see instructions: 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. For other definitions, see instruction: The court must instruct the jury on the elements of Theft in the Second Degree.