(1) It is a defense to a prosecution for extortion as defined by paragraph (1) of § 707-764 that the defendant:

criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 707-769

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Was unaware that the property or service was that of another; or
(b) Believed that the defendant was entitled to the property or services under a claim of right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did.
(2) If the owner of the property is the defendant’s spouse or reciprocal beneficiary, it is a defense to a prosecution for extortion under paragraph (1) of § 707-764 that:

(a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and
(b) The defendant and the defendant’s spouse or reciprocal beneficiary were living together at the time of the conduct.
(3) “Household belongings” means furniture, personal effects, vehicles, or money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants.
(4) It is an affirmative defense to a prosecution for extortion as defined in paragraphs (1) and (2) of § 707-764 and as further defined by subparagraphs (e), (f), (g), and (i), that the defendant believed the threatened accusation, penal charge, or exposure to be true, or the proposed action of a public servant was justified, and that the defendant’s sole intention was to compel or induce the victim to give property or services to the defendant due the defendant as restitution or indemnification for harm done, or as compensation for property obtained or lawful services performed, or to induce the victim to take reasonable action to prevent or to remedy the wrong which was the subject of the threatened accusation, charge, exposure, or action of a public servant in circumstances to which the threat relates.
(5) In a prosecution for extortion as defined in paragraph (1) of § 707-764, it is not a defense that the defendant has an interest in the property if the owner has an interest in the property to which the defendant is not entitled.

  Previous
Next  
 Part VII Contents