Haw. Pattern Jury Instr. (Criminal) 9.49A

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.