Haw. Pattern Jury Instr. (Criminal) 10.34

H.R.S. § 708-852

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

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

of Forgery in the Second Degree.

A person commits the offense of Forgery in the Second

Degree if, with intent to defraud, he/she falsely [makes]

[completes] [endorses] [alters] a written instrument, or utters

a forged instrument, which is or purports to be, or which is

calculated to become or to represent if completed, a [deed]

[will] [codicil] [contract] [assignment] [commercial instrument]

[other instrument] which does or may evidence, create, transfer,

terminate, or otherwise affect a legal right, interest,

obligation, or status.

There are two material elements of the offense of Forgery

in the Second Degree, each of which the prosecution must prove

beyond a reasonable doubt.

These two elements are:

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

(name of county), the Defendant falsely [made] [completed]

[endorsed] [altered] a written instrument, or uttered a forged

instrument, which is or purported to be, or which is calculated

to become or to represent if completed, a [deed] [will]

[codicil] [contract] [assignment] [commercial instrument] [other

instrument] which does or may evidence, create, transfer,

terminate, or otherwise affect a legal right, interest,

obligation, or status; and

2. That the Defendant did so with the intent to defraud.

“Intent to defraud” means that the Defendant either (a) intended

to use deception to injure another person’s interest, which had

value, in which case the required state of mind is

“intentionally,” or (b) knew that he/she was facilitating an

injury to another person’s interest, which had value, in which

case the required state of mind is “knowingly.”

“Complete written instrument” means a written instrument

which purports to be genuine and fully drawn with respect to

every essential feature thereof.

“Falsely alter”, in relation to a written instrument, means

to change, without the authority of the ostensible maker or

drawer, a written instrument, whether complete or incomplete, by

means of erasure, obliteration, deletion, insertion of new

matter, transposition of matter, or in any other manner, so that

the instrument so altered falsely appears or purports to be in

all respects an authentic creation of its ostensible maker or

authorized by that person.

“Falsely complete”, in relation to a written instrument,

means to transform, by adding, inserting, or changing matter, an

incomplete written instrument into a complete one, without the

authority of the ostensible maker or drawer, so that the

complete written instrument falsely appears or purports to be in

all respects an authentic creation of its ostensible maker or

authorized by him.

“Falsely endorse”, in relation to a written instrument,

means to endorse, without the authority of the ostensible maker

or drawer, any part of a written instrument, whether complete or

incomplete, so that the written instrument so endorsed falsely

appears or purports to be authorized by the ostensible maker or

drawer.

“Falsely make”, in relation to a written instrument, means

to make or draw a complete written instrument, or an incomplete

written instrument, which purports to be an authentic creation

of its ostensible maker, but which is not either because the

ostensible maker is fictitious or because, if real, the person

did not authorize the making or drawing thereof.

“Forged instrument” means a written instrument which has

been falsely made, completed, or altered.

“Incomplete written instrument” means a written instrument

which contains some matter by way of content or authentication

but which requires additional matter in order to render it a

complete written instrument.

“Utter”, in relation to a forged instrument, means to

offer, whether accepted or not, a forged instrument with

representation by acts or words, oral or in writing, that the

instrument is genuine.

“Written instrument” means:

(a) Any paper, document, or other instrument containing

written or printed matter or its equivalent; or

(b) Any token, coin, stamp, seal, badge, trademark, or

other evidence or symbol of value, right, privilege,

or identification.