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HAWJIC 9.52
SEXUAL ASSAULT IN THE THIRD DEGREE – STRONG COMPULSION
Hawaiʻi Pattern Jury Instructions — Criminal · 4/19/96 · compendium p. 388
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 sexual contact] [caused another person to have sexual contact with him/her]; and
2. That the Defendant did so by strong compulsion; and
3. That the Defendant did so knowingly.
SEXUAL ASSAULT IN THE THIRD DEGREE – STRONG COMPULSION: H.R.S. § 707-732(1)(f)
[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, by strong compulsion, [has sexual contact with another person] [causes another person 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 by strong compulsion; and
3. That the Defendant did so knowingly.
Notes H.R.S. §§ 707-732(1)(f), 702-206(2). 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.