HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 7.03
DEFENSE TO THEFT
It is a defense to a charge of theft 1) that the defendant
believed that he/she was entitled to the property or service
involved under a claim of right, or 2) that the defendant
believed that he/she was authorized by the owner or by law to
obtain or exert control as he/she did. It does not matter if
the defendant’s belief was mistaken, as long as the defendant
held the belief genuinely and in good faith at the time of the
alleged offense. However, the interest which the defendant
asserts under a claim of right 1) must be to the specific
property or the specific service involved, and 2) must be a
complete interest, not an interest shared with the alleged
victim.
The prosecution has the burden of proving beyond a
reasonable doubt that 1) the defendant was aware that the
property or service belonged to another, 2) the defendant did
not genuinely and in good faith believe he/she was entitled to
the property or service under a claim of right, and 3) the
defendant did not genuinely and in good faith believe that
he/she was authorized by the owner or by law to obtain or exert
control as he/she did.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
1e13f49bb51ab6b6877a5a580f62cefa1db8ed668873ead1500cc32de59ddb83
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