BRIBERY BY A WITNESS – BRIBE RECEIVING BY A WITNESS

BRIBERY BY A WITNESS – BRIBE RECEIVING BY A WITNESS: H.R.S. § 710-1070(2) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Bribery by a Witness. A person commits the offense of Bribery by a Witness if he/she, [while a witness] [believing he/she is about to be called as a witness] in any official proceeding, intentionally [solicits] [accepts] [agrees to accept], directly or indirectly, any benefit as consideration [which will influence his/her testimony] [for avoiding or attempting to avoid legal process summoning him/her to testify] [for absenting or attempting to absent himself/herself from an official proceeding, to which he/she has been legally summoned]. There are four material elements of the offense of Bribery by a Witness, each of which the prosecution must prove beyond a reasonable doubt. These four elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant [was a witness] [believed that he/she was about to be called as a witness] in an official proceeding; and 2. That, while [a witness] [so believing], the Defendant [solicited] [accepted] [agreed to accept], directly or indirectly, a benefit as consideration; and 3. That the Defendant did so [to influence the Defendant's testimony] [to avoid or attempt to avoid legal process summoning the Defendant to testify] [to absent or attempt to absent the Defendant from an official proceeding, to which the Defendant has been legally summoned]; and 4. That the Defendant did so intentionally. Notes H.R.S. §§ 710-1070(2), 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instructions: