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HAWJIC 14.07B
CRIMINAL CONSPIRACY - THEFT IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 12/27/96 · compendium p. 914
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Criminal Conspiracy to commit 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 with intent to promote or facilitate the commission of theft in the second degree agreed with one or more persons that [they] [one or more of them] would obtain or exert control over the property of another, the value of which exceeded $300.00, by deception and with intent to deprive the other of the property; and
2. That, while the agreement was in effect, [the Defendant] [a person who had joined the agreement] with intent to promote or facilitate the commission of theft in the second degree committed an overt act(s) for the purpose of carrying out the agreement, by (describe overt act(s)).
[In order to find the Defendant guilty, you must unanimously agree as to the particular overt act committed.]
CRIMINAL CONSPIRACY - THEFT IN THE SECOND DEGREE: H.R.S. §§ 705-520, 708-831(1)(b), 708-830(2)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Criminal Conspiracy. A person commits the offense of Criminal Conspiracy if, with intent to promote or facilitate the commission of theft in the second degree, he/she agrees with one or more persons that
[they] [one or more of them] would obtain or exert control over the property of another, the value of which exceeded $300.00, by deception and with intent to deprive the other of the property and that, [he/she] [a person who had joined the agreement] commits an overt act for the purpose of carrying out the agreement.
There are two material elements of the offense of Criminal Conspiracy to commit 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 with intent to promote or facilitate the commission of theft in the second degree agreed with one or more persons that [they] [one or more of them] would obtain or exert control over the property of another, the value of which exceeded $300.00, by deception and with intent to deprive the other of the property; and
2. That, while the agreement was in effect, [the Defendant] [a person who had joined the agreement] with intent to promote or facilitate the commission of theft in the second degree committed an overt act(s) for the purpose of carrying out the agreement, by (describe overt act(s)).
[In order to find the Defendant guilty, you must unanimously agree as to the particular overt act committed.]
Notes H.R.S. §§ 705-520, 708-831(1)(b), 708-830(2), 702-206(1). State v. Merino, 81 Hawai`i 198, 915 P.2d 672 (1996). For definition of states of mind, see instruction: For instruction on Renunciation of Conspiracy, see instruction 14.07A. The following statutes also relate to the law of conspiracy: H.R.S. § 705-521 Scope of conspiratorial relationship H.R.S. § 705-522 Conspiracy with multiple criminal objectives H.R.S. § 705-523 Immunity, irresponsibility, or incapacity or a party to criminal conspiracy H.R.S. § 705-524 Venue in criminal conspiracy prosecutions H.R.S. § 705-525 Duration of conspiracy
Verify against the current official HAWJIC compendium.