COMPENSATION BY AN ADULT OF JUVENILES FOR CRIMES

COMPENSATION BY AN ADULT OF JUVENILES FOR CRIMES: H.R.S. § 709-904.5 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Compensation by an Adult of Juveniles for Crimes. A person commits the offense of Compensation by an Adult of Juveniles for Crimes if he/she, being an adult, intentionally or knowingly [compensates] [offers to compensate] [agrees to compensate] any juvenile for the commission of any criminal offense. There are two material elements of the offense of Compensation by an Adult of Juveniles for Crimes, 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, being an adult, [compensated] [offered to compensate] [agreed to compensate] any juvenile for the commission of (name of criminal offense); and 2. That the Defendant did so intentionally or knowingly. "Compensate" means to confer any benefit or pecuniary benefit. "Juvenile" means any person under eighteen years of age. [It is not a defense to a prosecution that the Defendant had no knowledge of the juvenile's age.] Notes H.R.S. §§ 709-904.5, 702-206(1) and (2). For definition of states of mind, see instructions: The elements of the subsidiary offense specified in element one of the offense should be submitted to the jury in a separate instruction. If more than one offense was committed or intended to be committed, a special interrogatory to the jury may be required to enable the court to determine the grade of the charged offense. For statutory parameters of a "crime", see H.R.S. § 701-107.