BRIBERY -- WHILE DEFENDANT IS A PUBLIC SERVANT

BRIBERY -- WHILE DEFENDANT IS A PUBLIC SERVANT: H.R.S. § 710-1040(1)(b) [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, while a public servant, [solicits] [accepts] [agrees to accept], directly or indirectly, any pecuniary benefit with the intent that his/her [vote] [opinion] [judgment] [exercise of discretion] [other action] as a public servant will thereby be influenced. 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 [solicited] [accepted] [agreed to accept], directly or indirectly, a pecuniary benefit; and 2. That the Defendant did so with the intent that his/her [vote] [opinion] [judgment] [exercise of discretion] [other action] as a public servant would thereby be influenced; and 3. That the Defendant was, at that time, a public servant. "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)(b), (2) and (3), 710-1000(15), 702- 206(1). For definition of states of mind, see instruction: 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).