PERJURY

PERJURY: H.R.S. § 710-1060 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Perjury. A person commits the offense of Perjury if he/she makes, in any official proceeding, under an oath [required] [authorized] by law, a false statement which he/she does not believe to be true. There are five material elements of the offense of Perjury, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant made a false statement; and 2. That the Defendant did not believe the statement to be true; and 3. That the Defendant did so under oath [required] [authorized] by law; and 4. That the Defendant did so in an official proceeding; and [5. That the Defendant did so intentionally, knowingly or recklessly.] Notes H.R.S. §§ 710-1060, 720-206(1), (2) and (3). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 710, see instruction: A court must rule that the false statement is a "materially false statement," as defined by 710-1000(9), see instruction The fifth element of the offense has been bracketed because while a state of mind would apply to elements three and four, element five need not be given to the jury by agreement of the parties. For statutory defense and circumstances not constituting a defense, see instruction 12.18A.