Haw. Pattern Jury Instr. (Criminal) 10.05A

DAMAGE EXCEEDS $20,000:

H.R.S. § 708-820(1)(b)

(Applicable to offenses occurring on or after June 9, 2006)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant’s name), is charged with the offense

of Criminal Property Damage in the First Degree.

A person commits the offense of Criminal Property Damage in

the First Degree if by means other than fire he/she

intentionally or knowingly damages the property of another,

without the other’s consent, in an amount exceeding $20,000.

There are five material elements of the offense of Criminal

Property Damage in the First Degree, each of which the

prosecution must prove beyond a reasonable doubt.

These five elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant damaged the property of another;

and

2. That the Defendant did so by means other than fire;

and

3. That the Defendant did so without the other=s consent;

and

4. That the damage to the property exceeded $20,000; and

5. That the Defendant acted intentionally or knowingly as

to each of the foregoing elements.