False Labeling of Hawaii-Grown Coffee

False Labeling of Hawaii-Grown Coffee: H.R.S. § 708-871.5 (Possess With Intent to Sell) [In Count (count number) of the Indictment/ Information/ Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of False Labeling of Hawaii-Grown Coffee. A person commits the offense of False Labeling of Hawaii- Grown Coffee if he/she knowingly possesses with intent to sell coffee that is falsely labeled with regard to the geographic origin of the Hawaii-grown coffee. There are four material elements of the offense of False Labeling of Hawaii-Grown Coffee, each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That, on or about (date), in the [City and] County of (name of county), the Defendant possessed Hawaii-grown [green] [cherry] [parchment] coffee; and 2. That the Defendant did so with intent to sell the coffee; and 3. That the coffee was falsely labeled with regard to its geographic origin; and 4. That the Defendant acted knowingly as to elements 1 and 3. [“Cherry coffee” means the unprocessed fruit of the coffee plant.] [“Geographic origin” means the geographic areas designated as follows: (a) Hamakua is the Hamakua district on the island of Hawaii, as designated by the State of Hawaii tax map; (b) Hawaii is the State of Hawaii; (c) Kau is the Kau district on the island of Hawaii, as designated by the State of Hawaii tax map; (d) Kauai is the island of Kauai; (e) Maui is the island of Maui; (f) Molokai is the island of Molokai; and (g) Oahu is the island of Oahu.] [“Green coffee” means the agricultural commodity comprised of green coffee beans.] [“Parchment coffee” means the dried product that remains when coffee cherries are processed by removing the coffee seeds from the pulp.] Notes H.R.S. § 708-871.5 For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 708, see instructions: For definition of “possession,” see instruction 6.06.