Haw. Pattern Jury Instr. (Criminal) 10.36

CONSPIRES TO USE: H.R.S. § 708-8100(1)(a)

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

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

of Fraudulent Use of a Credit Card.

A person commits the offense of Fraudulent Use of a Credit

Card, if with intent to defraud [the issuer] [another person or

organization providing money, goods, services, or anything else

of value] [any other person], the person [uses] [attempts to

use] [conspires to use], for the purpose of obtaining [money]

[goods] [services] [anything else of value] that together

exceeds $300 in any six-month period a credit card [obtained or

retained in violation of the law prohibiting theft of a credit

card] [which the person knows is forged, expired, or revoked].

There are four material elements of the offense of

Fraudulent Use of a Credit Card, 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 [used] [attempted to use]

[conspired to use] a credit card [obtained or retained in

violation of the law prohibiting theft of a credit card] [which

the person knows is forged, expired, or revoked]; and

2. That the Defendant did so for the purpose of obtaining

[money] [goods] [services] [anything else of value]; and

3. That together the [money] [goods] [services] [anything

else of value] exceeded $300 in any six-month period; and

4. That the Defendant did so with intent to defraud [the

issuer] [another person or organization providing money, goods,

services, or anything else of value] [any other person].

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

to use deception to injure [the issuer’s interest] [the interest

of another person or organization providing money, goods,

services, or anything else] [any other person’s interest], which

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

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

he/she was facilitating an injury to [the issuer’s interest]

[the interest of another person or organization providing money,

goods, services, or anything else] [any other person’s

interest], which had value, in which case the requisite state of

mind as to each of the foregoing elements is “knowingly.”