Haw. Pattern Jury Instr. (Criminal) 10.46

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

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

of Telemarketing Fraud.

A person commits the offense of Telemarketing Fraud if,

he/she engages in a plan, program, or campaign, including a

prize promotion or investment opportunity that was conducted to

include the [purchase of goods or services] [solicitation of

funds or contributions] by the use of one or more telephones and

involving more than one telephone call, and with the intent to

[defraud] [misrepresent], he/she [obtains] [attempts to obtain]

the transfer of [possession] [control] [ownership] of the

property of another through communications conducted at least in

part by telephone and involving [direct] [implied] claims that

the person contacted [will or is about to receive anything of

value] [may be able to recover any losses suffered by the person

contacted in connection with a prize promotion].

There are three material elements of the offense of

Telemarketing Fraud, each of which the prosecution must prove

beyond a reasonable doubt.

These three elements are:

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

(name of county), the Defendant intentionally engaged in a plan,

program, or campaign, including a prize promotion or investment

opportunity that was conducted to include the [purchase of goods

or services] [solicitation of funds or contributions] by the use

of one or more telephones and involving more than one telephone

call; and

2. Defendant, with intent to [defraud] [misrepresent],

intentionally [obtained] [attempted to obtain] the transfer of

[possession] [control] [ownership] of the property of another;

and

3. Defendant intentionally did so through communications

conducted at least in part by telephone and involving [direct]

[implied] claims that the person contacted [will or is about to

receive anything of value] [may be able to recover any losses

suffered by the person contacted in connection with a prize

promotion].