Haw. Pattern Jury Instr. (Criminal) 10.21

HRS § 708-831(1)(b)

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

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

of Theft in the Second Degree.

A person commits the offense of Theft in the Second Degree

if, with intent to defraud, he/she conceals or takes possession

of the goods or merchandise of any store or retail

establishment, the value of which property exceeds $300.

There are four material elements of the offense of Theft in

the Second Degree, 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 concealed or took possession of

the goods or merchandise of (name of store or retail

establishment); and

2. That (name of store or retail establishment) was a store or

retail establishment; and

3. That the value of goods or merchandise of (name of store or

retail establishment) exceeded $300; and

4. That the Defendant either (a) intended to use deception to

injure (name of store or retail establishment)’s interest, which

had value, in which case the required state of mind as to each

of the foregoing elements is “intentionally,” or (b) knew that

he/she was facilitating an injury to (name of store or retail

establishment)’s interest, which had value, in which case the

required state of mind as to each of the foregoing elements is

“knowingly.”