SEXUAL ASSAULT IN THE FIRST DEGREE – IMPAIRMENT BY SUBSTANCE

SEXUAL ASSAULT IN THE FIRST DEGREE – IMPAIRMENT BY SUBSTANCE: H.R.S. § 707-730(1)(e) (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 incapacitated] [physically helpless] as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person’s consent. 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 knowingly subjected another person to an act of sexual penetration; and 2. That the person was, at that time, [mentally incapacitated][physically helpless] as a result of the influence of a substance; and 3. That the Defendant knowingly caused a substance to be administered to the other person without the other person’s consent; and 4. That the Defendant knew, at that time, that the person was [mentally incapacitated][physically helpless]. Notes H.R.S. §§ 707-730(1)(e), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instructions: