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HAWJIC 9.47
SEXUAL ASSAULT IN THE SECOND DEGREE – CORRECTIONAL EMPLOYEE/LAW ENFORCEMENT OFFICER
Hawaiʻi Pattern Jury Instructions — Criminal · 9/1/04 · compendium p. 375
Statutes:§707-731
Material elements — the prosecution must prove each beyond a reasonable doubt
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 while the person was
[imprisoned] [confined to a detention facility] [committed to the director of public safety] [residing in a private correctional facility operating in the State of Hawaii] [in custody]; and
3. That the Defendant did so while the Defendant was employed [in a state correctional facility] [by a private company providing services at a correctional facility] [by a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute] [by a private correctional facility operating in the State of Hawaii] [as a law enforcement officer]; and
4. That the Defendant did so knowingly.
SEXUAL ASSAULT IN THE SECOND DEGREE – CORRECTIONAL EMPLOYEE/LAW ENFORCEMENT OFFICER: H.R.S. § 707-731(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 Second Degree. A person commits the offense of Sexual Assault in the Second Degree if he/she, while employed [in a state correctional facility] [by a private company providing services at a correctional facility] [by a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute] [by a private correctional facility operating in the State of Hawaii] [as a law enforcement officer], knowingly subjects to sexual penetration [an imprisoned person] [a person confined to a detention facility] [a person committed to the director of public safety] [a person residing in a private correctional facility operating in the State of Hawaii] [a person in custody].
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 while the person was
[imprisoned] [confined to a detention facility] [committed to the director of public safety] [residing in a private correctional facility operating in the State of Hawaii] [in custody]; and
3. That the Defendant did so while the Defendant was employed [in a state correctional facility] [by a private company providing services at a correctional facility] [by a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute] [by a private correctional facility operating in the State of Hawaii] [as a law enforcement officer]; and
4. That the Defendant did so knowingly.
Notes H.R.S. §§ 707-731(1)(c), 702-206(2). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 707, see instructions: For definition of "law enforcement officer", see instruction:
Also references
Verify against the current official HAWJIC compendium.