Use of a Computer in the Commission of a Separate

Use of a Computer in the Commission of a Separate Crime: H.R.S. § 708-893(a) [In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Use of a Computer In the Commission of a Separate Crime. A person commits the offense of Use of a Computer In the Commission of a Separate Crime if he/she intentionally uses a computer to obtain control over the property of the victim to commit theft in the [first] [second] degree. There are four material elements of the offense of Use of a Computer In the Commission of a Separate Crime, 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 used a computer; and 2. That the Defendant did so to obtain control over the property of the victim; and 3. That the Defendant did so to commit theft in the [first] [second] degree*; and 4. That the Defendant acted intentionally as to each of the foregoing elements. Notes H.R.S. § 708-893(a). For definition of states of mind, see instructions: For a definition of terms defined by H.R.S. Chapter 708 Part IX, see instruction 18.00. *The court should instruct as to the elements of theft in the first or second degree, as the case may be, unless that offense is otherwise charged.