HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 9.46
SEXUAL ASSAULT IN THE SECOND DEGREE –
SPECIAL STATUS PERSONS: H.R.S. § 707-731(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 Second Degree.
A person commits the offense of Sexual Assault in the
Second Degree if he/she knowingly subjects to sexual penetration
another person who is [mentally defective] [mentally
incapacitated] [physically helpless].
There are four material elements of the offense of Sexual
Assault in the Second Degree, 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 knowingly; and
3. That the person was, at that time, [mentally
defective] [mentally incapacitated] [physically helpless]; and
4. That the Defendant knew, at that time, that the person
was [mentally defective] [mentally incapacitated] [physically
helpless].
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
aa942410d52075f9bd51dd2f16f3ebc10c9136aa264ba83e7dbcb6a3a701f3c5
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