SEXUAL ASSAULT IN THE FIRST DEGREE – LESS THAN AGE 14

SEXUAL ASSAULT IN THE FIRST DEGREE – LESS THAN AGE 14: H.R.S. § 707-730(1)(b) [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 engages in sexual penetration with a minor who is less than fourteen years old. 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 engaged in sexual penetration with (minor’s name); and 2. That the Defendant did so knowingly; and 3. That (minor’s name) was less than fourteen years old at that time. Notes H.R.S. §§ 707-730(1)(b), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instructions: State v. Buch, 83 Hawai`i 308, 926 P.2d 599 (1996)(a defendant is strictly liable with respect to the attendant circumstance of the complainant's age in a sexual assault).