Haw. Pattern Jury Instr. (Criminal) 10.00

Pattern Jury Instructions

“Another” means any other person and includes, where

relevant, the United States, this State and any of its political

subdivisions, and any other state and any of its political

subdivisions. (The definition of this term is taken from HRS §

701-118)

“Building” includes any structure, and the term also

includes any vehicle, railway car, aircraft, or watercraft used

for lodging of persons therein; each unit of a building

consisting of two or more units separately secured or occupied

is a separate building.

“Cable television service” means one-way transmission of

programming provided by, or generally considered comparable to

programming provided by, a television broadcast station or other

information made available by a cable operator to all

subscribers generally.

“Cable television service device” means any mechanical or

electronic instrument, apparatus, equipment or device which can

be used to obtain cable television services without payment of

applicable charges therefor. A “cable television service device”

does not include any instrument, apparatus, equipment, device,

facility or any component thereof furnished by a cable operator

in the ordinary course of its business.

“Cardholder” means the person or organization named on the

face of a credit card to whom or for whose benefit the credit

card is issued by an issuer.

“Control over the property” means the exercise of dominion

over the property and includes, but is not limited to, taking,

carrying away, or possessing the property, or selling,

conveying, or transferring title to or an interest in the

property.

“Credit card” means any instrument or device, whether known

as a credit card, credit plate, debit card, electronic benefits

transfer card, or by any other name, issued with or without fee

by an issuer for the use of the cardholder in obtaining money,

goods, services, or anything else of value.

“Deception” occurs when a person knowingly:

(a) creates or confirms another's impression which is false

and which the defendant does not believe to be true; or

(b) fails to correct a false impression which he previously

has created or confirmed; or

(c) prevents another from acquiring information pertinent

to the disposition of the property involved; or

d) sells or otherwise transfers or encumbers property,

failing to disclose a lien, adverse claim, or other legal

impediment to the enjoyment of the property, whether that

impediment is or is not valid, or is or is not a matter of

official record; or

(e) promises performance which he/she does not intend to

perform or knows will not be performed, but a person's intention

not to perform a promise shall not be inferred from the fact

alone that he/she did not subsequently perform the promise.

The term “deception” does not, however, include falsity as

to matters having no pecuniary significance, or puffing by

statements unlikely to deceive ordinary persons in the group

addressed. “Puffing” means an exaggerated commendation of wares

or services in communications addressed to the public or to a

class or group.

“Deprive” means:

(a) to withhold property or cause it to be withheld from a

person permanently or for so extended a period or under such

circumstance that a significant portion of its economic value,

or of the use and benefit thereof, is lost to him; or

(b) to dispose of the property so as to make it unlikely

that the owner will recover it; or

(c) to retain the property with intent to restore it to the

owner only if the owner purchases or leases it back, or pays a

reward or other compensation for its return; or

(d) to sell, give, pledge, or otherwise transfer any

interest in the property; or

(e) to subject the property to the claim of a person other

than the owner.

“Distributes” means to sell, transfer, give or deliver to

another, or to leave, barter, or exchange with another, or to

offer or agree to do the same.

“Dwelling” means a building which is used or usually used

by a person for lodging.

“Enter or remain unlawfully” means to enter or remain in or

upon premises when the person is not licensed, invited, or

otherwise privileged to do so. A person who, regardless of the

person’s intent, enters or remains in or upon premises which are

at the time open to the public does so with license and

privilege unless the person defies a lawful order not to enter

or remain, personally communicated to the person by the owner of

the premises or some other authorized person. A license or

privilege to enter or remain in a building which is only partly

open to the public is not a license or privilege to enter or

remain in that part of the building which is not open to the

public.

“Expired credit card” means a credit card which is no

longer valid because the term shown on the credit card has

elapsed.

“Government” means the United States, or any state, county,

municipality, or other political unit within territory belonging

to the United States, or any department, agency, or subdivision

of any of the foregoing, or any corporation or other association

carrying out the functions of government, or any corporation or

agency formed pursuant to interstate compact or international

treaty. As used in this definition “state” includes any state,

territory or possession of the United States, the District of

Columbia, and the Commonwealth of Puerto Rico.

“Intent to defraud” means:

(a) an intent to use deception to injure another's interest

which has value; or

(b) knowledge by the defendant that he is facilitating an

injury to another's interest which has value.

“Issuer” means the business organization or financial

institution which issues a credit card or its agent.

“Obtain” means when used in relation to property, to bring

about a transfer of possession or other interest, whether to the

obtainer or to another.

“Owner” means a person, other than the defendant, who has

possession of or any other interest in, the property involved,

even though that possession or interest is unlawful; however, a

secured party is not an owner in relation to a defendant who is

a debtor with respect to property in which the secured party has

only a security interest.

“Person,” “he,” “him,” “actor,” and “defendant” include any

natural person, including any natural person whose identity can

be established by means of scientific analysis, including but

not limited to scientific analysis of deoxyribonucleic acid and

fingerprints, whether or not the natural person’s name is known,

and, where relevant, a corporation or an unincorporated

association. (The definition of these terms is from HRS § 701-

118)

“Premises” includes any building and any real property.

“Property” means any money, personal property, real

property, thing in action, evidence of debt or contract, or

article of value of any kind. Commodities of a public utility

nature such as gas, electricity, steam, and water constitute

property, but the supplying of such a commodity to premises from

an outside source by means of wires, pipes, conduits, or other

equipment shall be deemed a rendition of a service rather than a

sale or delivery of property.

“Property of another” means property which any person,

other than the defendant, has possession of or any other

interest in, even though that possession or interest is

unlawful.

“Receives” or “receiving” includes but is not limited to

acquiring possession, control, or title, and taking a security

interest in the property.

“Revoked credit card” means a credit card which is no

longer valid because permission to use the credit card has been

suspended or terminated by the issuer.

“Services” includes but is not limited to labor,

professional services, transportation, telephone or other public

services, accommodation in hotels, restaurants or elsewhere,

admission to exhibitions, and the supplying of equipment for

use.

“Stolen” means obtained by theft or robbery.

“Unauthorized control over property” means control over

property of another which is not authorized by the owner.

“Widely dangerous means” includes explosion, flood,

avalanche, collapse of building, poison gas, radioactive

material, or any other material, substance, force, or means

capable of causing potential widespread injury or damage.