SEXUAL ASSAULT IN THE THIRD DEGREE – LESS THAN AGE 14

SEXUAL ASSAULT IN THE THIRD DEGREE – LESS THAN AGE 14: H.R.S. § 707-732(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 Third Degree. A person commits the offense of Sexual Assault in the Third Degree if he/she knowingly [subjects to sexual contact another person who is less than fourteen years old] [causes another person who is less than fourteen years old to have sexual contact with him/her]. 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 sexual contact] [caused another person to have sexual contact with him/her]; and 2. That the Defendant did so knowingly; and 3. That the person was less than fourteen years old at that time. Notes H.R.S. §§ 707-732(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: State v. Buch, No. 18972 (Haw. Oct. 9, 1996) (a defendant is strictly liable with respect to the attendant circumstance of the complainant's age in a sexual assault).