SEXUAL ASSAULT IN THE SECOND DEGREE – SPECIAL STATUS PERSONS

SEXUAL ASSAULT IN THE SECOND DEGREE – SPECIAL STATUS PERSONS: H.R.S. § 707-731(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 Second Degree. A person commits the offense of Sexual Assault in the Second Degree if he/she knowingly subjects to sexual penetration another person who is [mentally defective] [mentally incapacitated] [physically helpless]. There are four material elements of the offense of Sexual Assault in the Second 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] [mentally incapacitated] [physically helpless]; and 4. That the Defendant knew, at that time, that the person was [mentally defective] [mentally incapacitated] [physically helpless]. Notes H.R.S. §§ 707-731(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: