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HAWJIC 9.43
SEXUAL ASSAULT IN THE FIRST DEGREE – STRONG COMPULSION
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 363
Statutes:§707-730
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of 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 subjected another person to an act of sexual penetration; and
2. That the Defendant did so by strong compulsion; and
3. That the Defendant did so knowingly.
SEXUAL ASSAULT IN THE FIRST DEGREE – STRONG COMPULSION: H.R.S. § 707-730(1)(a)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Sexual Assault in the First Degree. A person commits the offense of Sexual Assault in the First Degree if he/she knowingly subjects another person to an act of sexual penetration by strong compulsion.
There are three material elements of the offense of 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 subjected another person to an act of sexual penetration; and
2. That the Defendant did so by strong compulsion; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 707-730(1)(a), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instructions:
Also references
Verify against the current official HAWJIC compendium.