THEFT OF LIVESTOCK – UNLAWFUL ENTRY

THEFT OF LIVESTOCK – UNLAWFUL ENTRY: H.R.S. § 708-835.5(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Theft of Livestock. A person commits the offense of Theft of Livestock if he/she commits theft by having in his/her possession a live animal of the bovine, equine, swine, sheep, or goat species, or its carcass or meat, while in or upon premises that the person knowingly entered or remained unlawfully in or upon, and that are fenced or enclosed in a manner designed to exclude intruders. There are five material elements of the offense of Theft of Livestock, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant knowingly entered or remained unlawfully in or upon the premises of another; and 2. That the premises were fenced or enclosed in a manner designed to exclude intruders; and 3. That the Defendant knew that the premises were fenced or enclosed in a manner designed to exclude intruders; and 4. That, while in or upon the premises, the Defendant obtained or exerted unauthorized control over the property of another by possessing a live animal of the [bovine] [equine] [swine] [sheep] [goat] species, or its carcass or meat; and 5. That the Defendant did so with intent to deprive the person of the live animal or its carcass or meat. Notes H.R.S. § 708-835.5 For definition of states of mind, see instructions: For definitions of terms defined by H.R.S. Chapter 708, see instructions: For statutory defense, see instruction 10.11A.