INCEST

INCEST: HRS § 707-741 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Incest. A person commits the offense of Incest if he/she commits an act of sexual penetration with another person who is within the degrees of [consanguinity] [affinity] within which marriage is prohibited. There are four material elements of the offense of Incest, 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 intentionally, knowingly or recklessly; and 3. That the person was [,at that time,] within the degrees of [consanguinity] [affinity] within which marriage is prohibited; and 4. That the Defendant knew, at that time, that the person was the Defendant's (specify the relationship). Marriage is prohibited between parties who are related to each other -- whether legitimately or illegitimately -- as ancestor and descendant, brother and sister, half brother and sister, uncle and niece, and aunt and nephew. Notes HRS §§ 707-741, 702-206(1), (2) and (3). For definition of states of mind, see instructions: For definition of terms defined by HRS Chapter 707, see instructions: For degrees of consanguinity or affinity within which marriage is prohibited, see HRS § 572-1(1).