CRIMINAL SOLICITATION

CRIMINAL SOLICITATION: H.R.S. § 705-510 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Criminal Solicitation. A person commits the offense of Criminal Solicitation if, with the intent to promote or facilitate the commission of (specify substantive offense), he/she [commands] [encourages] [requests] another person to [engage in or cause (designate conduct or results of conduct specified by the definition of the specified substantive offense)] [engage in conduct which would be sufficient to establish the other person as an accomplice in the commission of (specify substantive offense)]. There are two material elements of the offense of Criminal Solicitation, 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 [commanded] [encouraged] [requested] another person to [engage in or cause (designate conduct or results of conduct specified by the definition of the specified substantive offense)] [engage in conduct which would be sufficient to establish the other person as an accomplice in the commission of (specify substantive offense)]; and 2. That the Defendant did so with the intent to promote or facilitate the commission of (specify substantive offense). A person commits the offense of (specify substantive offense) if . . . There are (number) elements of the (specify substantive offense) . . . These (number) elements are: (List elements numerically). Notes H.R.S. §§ 705-510, 702-206(1). For definition of states of mind, see instruction: For instruction on accomplice liability, see instruction The elements instruction for the substantive offense should follow the attempt instruction. The offense solicited must be a crime. For definition of a crime, see H.R.S. § 701-107. For instruction on Renunciation of Solicitation, see instruction 14.06A.