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HAWJIC 9.44B
SEXUAL ASSAULT IN THE FIRST DEGREE – MENTALLY DEFECTIVE PERSON
Hawaiʻi Pattern Jury Instructions — Criminal · Added 3/14/08 · compendium p. 368
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 four 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 knowingly; and
3. That the person was, at that time, mentally defective; and
4. That the Defendant knew, at that time, that the person was mentally defective.
SEXUAL ASSAULT IN THE FIRST DEGREE – MENTALLY DEFECTIVE PERSON: H.R.S. § 707-730 (1)(d) (Applicable to offenses occurring on or after June 22, 2006)
[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 to sexual penetration of another person who is mentally defective.
There are four material elements of the offense of Sexual Assault in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These four 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 knowingly; and
3. That the person was, at that time, mentally defective; and
4. That the Defendant knew, at that time, that the person was mentally defective.
Notes H.R.S. §§ 707-730(1)(d), 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.