Haw. Pattern Jury Instr. (Criminal) 14.06A

H.R.S. § 705-530(2), (4) and (5)

In a prosecution for criminal solicitation, it is an

affirmative defense that the Defendant, under circumstances

manifesting a complete and voluntary renunciation of his/her

criminal intent, notifies the person solicited of his/her

renunciation and [gives timely warning to law-enforcement

authorities] [makes a reasonable effort to prevent the conduct

or result solicited].

A "renunciation" is not "voluntary and complete" if it is

motivated in whole or in part by:

(a) A belief that circumstances exist which increase the

probability of detection or apprehension of the accused or

another participant in the criminal enterprise, or which render

more difficult the accomplishment of the criminal purpose; or

(b) A decision to postpone the criminal conduct until

another time or to transfer the criminal effort to another

victim or another but similar objective.

[A "warning to law-enforcement authorities" is not "timely"

within the meaning of this section unless the authorities,

reasonably acting upon the warning, would have the opportunity

to prevent the conduct or result.] [An effort is not

"reasonable" within the meaning of this section unless the

Defendant, under reasonably foreseeable circumstances, would

have prevented the conduct or result.]