CRIMINAL CONSPIRACY

CRIMINAL CONSPIRACY: H.R.S. § 705-520 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Criminal Conspiracy. A person commits the offense of Criminal Conspiracy if, with intent to promote or facilitate the commission of a crime, he/she agrees with one or more persons that [they] [one or more of them] will [engage in or solicit (designate conduct specified by the definition of the alleged agreed crime)] [cause or solicit (designate result specified by the definition of the alleged agreed crime)] and [he/she] [a person who had joined the agreement] commits an overt act for the purpose of carrying out the agreement. There are three material elements of the offense of Criminal Conspiracy, 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 agreed with one or more persons that [they] [one or more of them] would [engage in or solicit (designate conduct specified by the definition of the alleged agreed crime)] [cause or solicit (designate result specified by the definition of the alleged agreed crime)]; and 2. That, while the agreement was in effect, [the Defendant] [a person who had joined the agreement] committed [one or more of] the following overt act[s] for the purpose of carrying out the agreement (list overt act[s] for which there is sufficient evidence); and 3. That the Defendant joined in the agreement with intent to promote or facilitate the commission of (specify substantive offense), and the overt act was also committed with such intent. 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). [In order to find the Defendant guilty, you must unanimously agree as to the particular overt act committed.] Notes H.R.S. §§ 705-520, 702-206(1). For definition of states of mind, see instruction: For instruction on Renunciation of Conspiracy, see instruction 14.07A. The following statutes also relate to the law of conspiracy: H.R.S. § 705-521 Scope of conspiratorial relationship H.R.S. § 705-522 Conspiracy with multiple criminal objectives H.R.S. § 705-523 Immunity, irresponsibility, or incapacity or a party to criminal conspiracy H.R.S. § 705-524 Venue in criminal conspiracy prosecutions H.R.S. § 705-525 Duration of conspiracy