ELECTRONIC ENTICEMENT OF A CHILD IN THE SECOND DEGREE

ELECTRONIC ENTICEMENT OF A CHILD IN THE SECOND DEGREE H.R.S. § 707-757 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant (defendant’s name) is charged with the offense of Electronic Enticement of a Child in the Second Degree. A person commits the offense of Electronic Enticement of a Child in the Second Degree if he/she uses a computer, or any other electronic device, to intentionally or knowingly communicate [with a minor whom he/she knows to be under the age of eighteen] [with another person in reckless disregard of the risk that the person is under the age of eighteen and the person is, in fact, under the age of eighteen] [with another person who represents himself/herself to be under the age of eighteen], and, with the intent to promote or facilitate the commission of a felony, agrees to meet [with the minor whom he/she knows to be under the age of eighteen] [with the other person in reckless disregard of the risk that the person is under the age of eighteen and the person is, in fact, under the age of eighteen] [with another person who represents himself/herself to be under the age of eighteen], and intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time. There are five material elements of the offense of Electronic Enticement of a Child in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant used a computer or any other electronic device; and 2. That the Defendant intentionally or knowingly did so to communicate with [a minor known by Defendant to be under the age of eighteen] [another person in reckless disregard of the risk that the person was under the age of eighteen and the person was, in fact, under the age of eighteen] [another person who represented himself/herself to be under the age of eighteen]; and 3. That the Defendant agreed to meet [with the minor whom he/she knew to be under the age of eighteen] [with the other person in reckless disregard of the risk that the person was under the age of eighteen and who was, in fact, under the age of eighteen] [with the other person who represented himself/herself to be under the age of eighteen]; and 4. That he/she did so with the intent to promote or facilitate the commission of the offense of (specify felony)*; and 5. That he/she intentionally or knowingly traveled to the agreed upon meeting place at the agreed upon meeting time. Notes H.R.S. § 707-757. For definition of states of mind, see instruction: * The court should instruct as to the elements of the specified felony offense (and any applicable defenses) unless that offense is otherwise charged.