Home / Jury instructions / HAWJIC 9.48
HAWJIC 9.48
SEXUAL ASSAULT IN THE THIRD DEGREE -- COMPULSION
Hawaiʻi Pattern Jury Instructions — Criminal · 10/27/03 · compendium p. 378
Statutes:§707-732
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Sexual Assault in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three 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 by compulsion; and 3. That the Defendant did so recklessly.
SEXUAL ASSAULT IN THE THIRD DEGREE -- COMPULSION: H.R.S. § 707-732(1)(a)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Sexual Assault in the Third Degree. A person commits the offense of Sexual Assault in the Third Degree if he/she recklessly subjects another person to an act of sexual penetration by compulsion.
There are three material elements of the offense of Sexual Assault in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three 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 by compulsion; and 3. That the Defendant did so recklessly.
Notes H.R.S. §§ 707-732(1)(a), 702-206(3). 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.