SEXUAL ASSAULT IN THE THIRD DEGREE – AGES 14 AND 15

SEXUAL ASSAULT IN THE THIRD DEGREE – AGES 14 AND 15 H.R.S. § 707-732(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 Third Degree. A person commits the offense of Sexual Assault in the Third Degree if he/she knowingly [engages in sexual contact with a minor who is at least fourteen years old but less than sixteen years old][causes a minor who is at least fourteen years old but less than sixteen years old to have sexual contact with him/her] and he/she is not less than five years older than the minor and he/she is not legally married to the minor; There are five material elements of the offense of Sexual Assault in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county) , the Defendant [engaged in sexual contact with (minor’s name)][caused (minor’s name) to have sexual contact with him/her]; and 2. That the Defendant did so knowingly; and 3. That (minor’s name) was at least fourteen years old but less than sixteen years old at that time; and 4. That the Defendant was not less than five years older than (minor’s name); and 5. That the Defendant was not legally married to (minor’s name) at that time. Notes H.R.S. §§ 707-730(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, 83 Hawai`i 308, 926 P.2d 599 (1996) (a defendant is strictly liable with respect to the attendant circumstance of the complainant's age in a sexual assault).