Haw. Pattern Jury Instr. (Criminal) 13.00A

13.00A.1. Promoting Prostitution in the First Degree:

H.R.S. §712-1202

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant’s name), is charged with the offense

of Promoting Prostitution in the First Degree.

A person commits the offense of Promoting Prostitution in

the First Degree if he/she knowingly [advances prostitution by

compelling or inducing a person by force, threat, fraud, or

intimidation to engage in prostitution] [profits from the

advancement of prostitution by another who compels or induces a

person by force, threat, fraud, or intimidation to engage in

prostitution] [[advances] [profits] from prostitution of a

person less than eighteen years old].

There are two material elements of the offense of Promoting

Prostitution in the First Degree, each of which the prosecution

must prove beyond a reasonable doubt.

These two elements are:

1. That on or about (date) in the [City and] County of

(name of county), the Defendant [advanced prostitution by

compelling or inducing a person by force, threat, fraud, or

intimidation to engage in prostitution] [profited from the

advancement of prostitution by another who compelled or induced

a person by force, threat, fraud, or intimidation to engage in

prostitution] [[advanced] [profited] from prostitution of a

person less than eighteen years old]; and

2. That the Defendant did so knowingly.

[A person "advances prostitution" if, acting other than as

a prostitute or a patron of a prostitute, the person knowingly

[causes or aids a person to commit or engage in prostitution]

[procures or solicits patrons for prostitution] [provides

persons for prostitution purposes] [permits premises to be

regularly used for prostitution purposes] [operates or assists

in the operation of a house of prostitution or a prostitution

enterprise] [engages in any conduct designed to institute, aid,

or facilitate an act or enterprise of prostitution].]

[A person "profits from prostitution" if, acting other than

as a prostitute receiving compensation for personally-rendered

prostitution services, the person accepts or receives money or

other property pursuant to an agreement or understanding with

any person whereby the person participates or is to participate

in the proceeds of prostitution activity.]

“Fraud” means making material false statements,

misstatements, or omissions.

“Prostitution” means to [engage in, or agree or offer to

engage in, sexual conduct with another person for a fee] [pay,

agree to pay, or offer to pay a fee to another to engage in

sexual conduct].

“Threat” means a threat by word or conduct to do any of the

following:

(a) Cause bodily injury in the future to the person

threatened or to any other person;

(b) Cause damage to property or cause damage to a

computer, computer system, or computer network, including any

impairment to the integrity or availability of data, a program,

a system, a network, or computer services;

(c) Subject the person threatened or any other person to

physical confinement or restraint;

(d) Commit a penal offense;

(e) Accuse some person of any offense or cause a penal

charge to be instituted against some person;

(f) Expose a secret or publicize an asserted fact, whether

true or false, tending to subject some person to hatred,

contempt, or ridicule, or to impair the threatened person's

credit or business repute;

(g) Reveal any information sought to be concealed by the

person threatened or any other person;

(h) Testify or provide information or withhold testimony

or information with respect to another's legal claim or defense;

(i) Take or withhold action as a public servant, or cause

a public servant to take or withhold such action;

(j) Bring about or continue a strike, boycott, or other

similar collective action, to obtain property that is not

demanded or received for the benefit of the group that the

defendant purports to represent;

(k) Destroy, conceal, remove, confiscate, or possess any

actual or purported passport, or any other actual or purported

government identification document, or other immigration

document, of another person; or

(l) Do any other act that would not in itself

substantially benefit the defendant but that is calculated to

harm substantially some person with respect to the threatened

person's health, safety, business, calling, career, financial

condition, reputation, or personal relationships.