Haw. Pattern Jury Instr. (Criminal) 14.02B

PURPOSE TO CAUSE PROSCRIBED RESULT:

H.R.S. §§ 705-500(2) and (3), 707-730(1)(a)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant's name), is charged with the offense

of Attempted Sexual Assault in the First Degree.

A person commits the offense of Attempted Sexual Assault in

the First Degree if he/she intentionally engages in conduct

which, under the circumstances as he/she believes them to be, is

a substantial step in a course of conduct intended or known to

be practically certain to subject another person to sexual

penetration and he/she is aware his/her conduct is by strong

compulsion.

There are three material elements of the offense of

Attempted Sexual Assault in the First 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 intentionally engaged in

conduct; and

2. That the conduct, under the circumstances as Defendant

believed them to be, was a substantial step in a course of

conduct intended or known to be practically certain by the

Defendant to subject (specify Complainant's name) to an act of

sexual penetration; and

3. That the Defendant was aware his/her conduct constituted

strong compulsion.

Conduct shall not be considered a substantial step unless

it is strongly corroborative of the Defendant's intent to commit

Sexual Assault in the First Degree, which is, knowingly

subjecting a person to an act of sexual penetration by strong

compulsion.