ATTEMPTED SEXUAL ASSAULT IN THE FIRST DEGREE – PURPOSE TO CAUSE PROSCRIBED RESULT

ATTEMPTED SEXUAL ASSAULT IN THE FIRST DEGREE – PURPOSE TO CAUSE PROSCRIBED RESULT: H.R.S. §§ 705-500(2) and (3), 707-730(1)(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Attempted Sexual Assault in the First Degree. A person commits the offense of Attempted Sexual Assault in the First Degree if he/she intentionally engages in conduct which, under the circumstances as he/she believes them to be, is a substantial step in a course of conduct intended or known to be practically certain to subject another person to sexual penetration and he/she is aware his/her conduct is by strong compulsion. There are three material elements of the offense of Attempted Sexual Assault in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant intentionally engaged in conduct; and 2. That the conduct, under the circumstances as Defendant believed them to be, was a substantial step in a course of conduct intended or known to be practically certain by the Defendant to subject (specify Complainant's name) to an act of sexual penetration; and 3. That the Defendant was aware his/her conduct constituted strong compulsion. Conduct shall not be considered a substantial step unless it is strongly corroborative of the Defendant's intent to commit Sexual Assault in the First Degree, which is, knowingly subjecting a person to an act of sexual penetration by strong compulsion. Notes H.R.S. §§ 705-500(2) and (3), 707-730(1)(a), 702-206(1) and (2), ; see State v. Kinnane, No. 15713 (Haw. filed June 15, 1995). For definitions of states of mind, see instruction: For definitions of terms defined by H.R.S. Chapter 707, see instruction: When conduct alleged as substantial step overlaps other charges, or there are multiple substantial steps, see State v. Iosefa, 77 Haw. 177, 880 P.2d 1224 (1994). For instruction on Renunciation of Attempt, see instruction