EXTORTION IN THE SECOND DEGREE – COMPEL OR INDUCE CONDUCT

EXTORTION IN THE SECOND DEGREE – COMPEL OR INDUCE CONDUCT: H.R.S. § 707-766(1)(b) [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 intentionally [compels] [induces] another person [to engage in conduct from which he/she has a legal right to abstain] [to abstain from conduct in which he/she has a legal right to engage] 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 three material elements of the offense of Extortion in the Second Degree, 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 [compelled] [induced] another person [to engage in conduct from which he/she has a legal right to abstain] [to abstain from conduct in which he/she has a legal right to engage]; and 2. That the Defendant did so 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]; and 3. That the Defendant did so intentionally. Notes H.R.S. §§ 707-766(1)(b), 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: 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.