Haw. Pattern Jury Instr. (Criminal) 10.11A

A. It is a defense to a prosecution for theft that the

Defendant: (

a) Was unaware that the property or service was that of

another; or

(b) Believed that he/she was entitled to the property or

services under a claim of right or that he/she was authorized,

by the owner or by law, to obtain or exert control as he/she

did.

The burden is upon the prosecution to prove beyond a

reasonable doubt that the Defendant (specify defense in

negative). If the prosecution does not meet its burden, then you

must find the Defendant not guilty.

[In a prosecution for theft, it is not a defense that the

Defendant has an interest in the property if the owner has an

interest in the property to which the Defendant is not

entitled.]

B. If the owner of the property is the Defendant's spouse, it

is a defense to a prosecution for theft of property that:

(a) The property which is obtained or over which

unauthorized control is exerted constitutes household

belongings; and

(b) The Defendant and his/her spouse were living together

at the time of the conduct.

The burden is upon the prosecution to prove beyond a

reasonable doubt that the Defendant (specify defense in

negative). If the prosecution does not meet its burden, then you

must find the Defendant not guilty.

"Household belongings" means furniture, personal effects,

vehicles, money or its equivalent in amounts customarily used

for household purposes, and other property usually found in and

about the common dwelling and accessible to its occupants.