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HAWJIC 10.51
THEFT OF LIVESTOCK
Hawaiʻi Pattern Jury Instructions — Criminal · Added 03/14/08 · compendium p. 638
Statutes:§708-835.5
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Theft of Livestock, 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 obtained or exerted unauthorized control over the property of another; and
2. That the Defendant did so by possession of a live animal, carcass or meat that was the property of another; and
3. That the Defendant did so with intent to deprive the person of the property.
THEFT OF LIVESTOCK: H.R.S. § 708-835.5(b)
[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, carcass, or meat in any location.
There are three material elements of the offense of Theft of Livestock, 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 obtained or exerted unauthorized control over the property of another; and
2. That the Defendant did so by possession of a live animal, carcass or meat that was the property of another; and
3. That the Defendant did so with intent to deprive the person of the property.
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.
Verify against the current official HAWJIC compendium.