§708-832

Theft in the third degree

Fraud & financial crimes · Chapter 708 — Offenses Against Property Rights · Part IV. Theft and Related Offenses

(1) A person commits the offense of theft in the third degree if the person commits theft:

(a) Of property or services the value of which exceeds $250; or

(b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $750.

(2) Theft in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; am L 2006, c 230, §38; am L 2016, c 231, §38]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

HAWJIC 10.23THEFT IN THE THIRD DEGREE – SERVICES

Source / Amendment history

[L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; am L 2006, c 230, §38; am L 2016, c 231, §38]

Cross references, commentary & case notes

Case Notes Jury instructions on the lesser included offenses of theft in the third degree under this section and theft in the fourth degree under §708-833 should have been given where jury could have found that petitioner committed theft of not only less than $20,000, but less than $300 or less than $100, making the offenses of theft III or theft IV applicable. 122 H. 271, 226 P.3d 441 (2010).

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