HAR §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 _____________________, Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 9: General Article State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 16 of 23) 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. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP