HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 12.17
Bribery -- While Defendant is a Public Servant H.R.S
H.R.S. § 710-1040(1)(b)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense
of Bribery.
A person commits the offense of Bribery if he/she, while a
public servant, [solicits] [accepts] [agrees to accept],
directly or indirectly, any pecuniary benefit with the intent
that his/her [vote] [opinion] [judgment] [exercise of
discretion] [other action] as a public servant will thereby be
influenced.
There are three material elements of the offense of
Bribery, 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 [solicited] [accepted] [agreed
to accept], directly or indirectly, a pecuniary benefit; and
2. That the Defendant did so with the intent that his/her
[vote] [opinion] [judgment] [exercise of discretion] [other
action] as a public servant would thereby be influenced; and
3. That the Defendant was, at that time, a public
servant.
"Public servant" means any officer or employee of any
branch of government, whether elected, appointed, or otherwise
employed, and any person participating as advisor, consultant,
or otherwise, in performing a governmental function[, and
includes persons who have been elected, appointed, or designated
to become a public servant although not yet occupying that
position].
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
809a4553d1628a0a29be56ea60e3aa5fb4b285a2252acb2f78e02e65ff8a5d63
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