DEFENSES TO EXTORTION

DEFENSES TO EXTORTION: H.R.S. § 707-769 *A. It is a defense to a prosecution for extortion that the Defendant: [(a) Was unaware that the property or service was that of another; or (b) Believed that he/she was entitled to the property or services under a claim of right or that he/she was authorized, by the owner or by law, to obtain or exert control as he/she did.] The burden is upon the prosecution to prove beyond a reasonable doubt that the Defendant (specify defense in negative). If the prosecution does not meet its burden, then you must find the Defendant not guilty. [In a prosecution for extortion, it is not a defense that the Defendant has an interest in the property if the owner has an interest in the property to which the Defendant is not entitled.] *B. If the owner of the property is the Defendant's spouse it is a defense to a prosecution for extortion that: (a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and (b) The Defendant and his/her spouse were living together at the time of the conduct. The burden is upon the prosecution to prove beyond a reasonable doubt that the Defendant (specify defense in negative). If the prosecution does not meet its burden, then you must find the Defendant not guilty. "Household belongings" means furniture, personal effects, vehicles, or money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants. **C. It is an affirmative defense to a prosecution for extortion that the Defendant believed the [threatened accusation to be true] [penal charge to be true] [exposure to be true] [proposed action of a public servant was justified] and that his/her sole intention was to compel or induce the victim to [give property or services to the Defendant due him/her as restitution or indemnification for harm done, or as compensation for property obtained or lawful services performed] [take reasonable action to prevent or to remedy the wrong which was the subject of the threatened accusation, charge, exposure, or action of a public servant in circumstances to which the threat relates]. [In a prosecution for extortion, it is not a defense that the Defendant has an interest in the property if the owner has an interest in the property to which the Defendant is not entitled.] Notes H.R.S. § 707-769. *This defense is applicable to extortion as defined by H.R.S. §707-764(1). See also instructions 9.58 and 9.60. **This affirmative defense is applicable to extortion as defined by H.R.S. § 707-764(1) and (2). See also instructions For definition of "affirmative defense", see instruction