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HAWJIC 9.60
EXTORTION IN THE THIRD DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 431
Statutes:§707-767
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Extortion in the Third 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 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].
EXTORTION IN THE THIRD DEGREE: H.R.S. § 707-767
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Extortion in the Third Degree. A person commits the offense of Extortion in the Third Degree if he/she obtains or exerts control over, the [property]
[services] of another person 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 three material elements of the offense of Extortion in the Third 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 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].
Notes H.R.S. §§ 707-767, 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. See H.R.S. § 707-764 for charges brought under subsections
(e) through (k) of that statute. For defense to extortion, see instruction 9.57A (paragraph *A). For affirmative defense to extortion, see instruction 9.57A (paragraph *B).
Verify against the current official HAWJIC compendium.