Haw. Pattern Jury Instr. (Criminal) 10.47

H.R.S. § 708-839.6

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

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

of Identity Theft in the First Degree.

A person commits the offense of Identity Theft in the First

Degree if he/she intentionally makes or causes to be made,

either directly or indirectly, a transmission of any personal

information of another by [any oral statement] [any written

statement] [any statement conveyed by any electronic means] with

the intent to [facilitate the commission of a murder in any

degree] [facilitate the commission of a class A felony]

[facilitate the commission of kidnapping] [facilitate the

commission of unlawful imprisonment in any degree] [facilitate

the commission of extortion in any degree] [facilitate the

commission of any offense under chapter 134] [facilitate the

commission of criminal property damage in the first or second

degree] [facilitate the commission of escape in any degree]

[facilitate the commission of any offense under part VI of

chapter 710] [facilitate the commission of any offense under

section 711-1103][facilitate the commission of any offense under

chapter 842][commit the offense of theft in the first degree

from the person whose personal information is used, or from any

other person or entity].

There are two material elements of the offense of Identity

Theft in the First 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 intentionally made or caused to

be made, either directly or indirectly, a transmission of any

personal information of another by [any oral statement] [any

written statement] [any statement conveyed by any electronic

means]; and

2. That the Defendant did so with intent to [facilitate

the commission of a murder in any degree] [facilitate the

commission of a class A felony] [facilitate the commission of

kidnaping] [facilitate the commission of unlawful imprisonment

in any degree] [facilitate the commission of extortion in any

degree] [facilitate the commission of any offense under chapter

134] [facilitate the commission of criminal property damage in

the first or second degree] [facilitate the commission of escape

in any degree] [facilitate the commission of any offense under

part VI of chapter 710] [facilitate the commission of any

offense under section 711- 1103] [facilitate the commission of

any offense under chapter 842] [commit the offense of theft in

the first degree from the person whose personal information is

used, or from any other person or entity].