SEXUAL ASSAULT IN THE FIRST DEGREE – AGES 14 AND 15

SEXUAL ASSAULT IN THE FIRST DEGREE – AGES 14 AND 15 H.R.S. § 707-730(1)(c) [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 at least fourteen years old but less than sixteen years old and the person is not less than five years older than the minor and the person is not legally married to the minor; There are five material elements of the offense of Sexual Assault in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These five 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 at least fourteen years old but less than sixteen years old at that time; and 4. That the Defendant was not less than five years older than (minor’s name); and 5. That the Defendant was not legally married to (minor’s name) 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).