EXTORTION IN THE SECOND DEGREE – VALUE EXCEEDING $50 DURING ANY TWELVE-MONTH PERIOD

EXTORTION IN THE SECOND DEGREE – VALUE EXCEEDING $50 DURING ANY TWELVE-MONTH PERIOD: H.R.S. § 707-766(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Extortion in the Second Degree. A person commits the offense of Extortion in the Second Degree if he/she obtains or exerts control over, the [property] [services] of another person, the value of which exceeds $50 in total during any twelve-month period, with the intent to deprive the other person of the [property] [services] by threatening by word or conduct to [cause bodily injury in the future to the person threatened or to any other person] [cause damage to property] [subject the person threatened or any other person to physical confinement or restraint] [commit a penal offense]. There are four material elements of the offense of Extortion in the Second Degree, 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 obtained or exerted control over the [property] [services] of another person; and 2. That the Defendant did so with the intent to deprive the other person of the [property] [services]; and 3. That the Defendant did so by intentionally threatening by word or conduct to [cause bodily injury in the future to the person threatened or to any other person] [cause damage to property] [subject the person threatened or any other person to physical confinement or restraint] [commit a penal offense]; and 4. That the value of the [property] [services] exceeded $50 in total value during any twelve-month period. Notes H.R.S. §§ 707-766(1)(a), 707-764(1)(a) through (d), 702- 206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instructions: For definition of terms not defined by H.R.S. Chapter 707, see instructions: When Defendant's state of mind as to element one is an issue in the case, see commentary to instruction 10.11. When Defendant's state of mind as to value of the property is an issue in the case, see instruction 10.00A(2). For defense to extortion, see instruction 9.57A (paragraph *A). For affirmative defense to extortion, see instruction 9.57A (paragraph *B). See H.R.S. § 707-764 for charges brought under subsections (e) through (k) of that statute.