BRIBERY -- PUBLIC SERVANT

BRIBERY -- PUBLIC SERVANT: H.R.S. § 710-1040(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Bribery. A person commits the offense of Bribery if he/she [confers] [offers] [agrees to confer], directly or indirectly, any pecuniary benefit upon a public servant with the intent to influence the public servant's [vote] [opinion] [judgment] [exercise of discretion] [other action] in his/her official capacity. There are three material elements of the offense of Bribery, 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 [conferred] [offered] [agreed to confer], directly or indirectly, a pecuniary benefit upon another person; and 2. That the other person was a public servant; and 3. That the Defendant did so with the intent to influence the public servant's [vote] [opinion] [judgment] [exercise of discretion] [other action] in his/her official capacity. "Public servant" means any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise, in performing a governmental function[, and includes persons who have been elected, appointed, or designated to become a public servant although not yet occupying that position]. Notes H.R.S. §§ 710-1040(1)(a) and (3), 710-1000(15), 702-206(1). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 710, see instructions: The term "public servant" does not include jurors or witnesses. See H.R.S. § 710-1000(15). For statutory defense, see instruction 12.16A.