Haw. Code R. § 7-9-22

Current through November, 2024
Section 7-9-22 - Perjury, subornation
(a) A model specification of the offense of perjury, subornation shall be as follows:

"In that_____________________did, (at) (on board)_____________________, on or about _____________________19__, procure_____________________to commit perjury by inducting him or her, the said_____________________, to take a lawful (oath) (affirmation) in a (trial by_____________________court-martial of_____________________) (trial by a court of competent jurisdiction, to wit:_____________________of _____________________) (deposition for use in a trial by_____________________of _____________________) (_____________________) that he/she, then said _____________________, would (testify) (depose) (_____________________) willfully, corruptly, and contrary to such (oath) (affirmation) in substance that_____________________, which (testimony) (deposition) (_____________________) was upon a material matter and which the said_____________________did not then believe to be true."

(b) The elements of the offense of perjury, subornation shall be as follows:
(1) That at the time and place alleged the accused induced and procured to take an oath or affirmation in a judicial proceeding and to testify or depose upon that oath or affirmation;
(2) That the oath or affirmation was administered to the other person in a matter in which an oath or affirmation was required or authorized by law;
(3) That the oath or affirmation was administered by a person having authority to do so;
(4) That upon that oath or affirmation the other person wilfully made or subscribed a statement;
(5) That the statement was material;
(6) That the statement was false;
(7) That the accused and the other person did not then believe that statement to be true; and
(8) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces.

Haw. Code R. § 7-9-22

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-155, 124A-171) (Imp: HRS § 124A-155)