Sexual assault in the fourth degree under §707-733(1)(a) not an included offense of sexual assault in the third degree under subsection (1)(b) as defined by §701-109(4). 83 H. 308, 926 P.2d 599.

Where age of victim is element of sexual offense, the specified state of mind is not intended to apply to that element; defendant thus strictly liable with respect to attendant circumstance of victim's age in a sexual assault. 83 H. 308, 926 P.2d 599.

Sexual assault in the third degree, in violation of subsection (1)(b), is not, and cannot be, a "continuing offense"; each distinct act in violation of this statute constitutes a separate offense under the Hawaii Penal Code. 84 H. 1, 928 P.2d 843.

"Mentally defective". 5 H. App. 659, 706 P.2d 1333.

Based on §701-109(4)(a), fourth degree sexual assault under §707-733(1)(a) is a lesser included offense of third degree sexual assault under subsection (1)(e). 85 H. 92 (App.), 937 P.2d 933.

Third degree sexual assault committed in violation of subsection (1)(e) not a continuous offense; defendant's convictions of five counts of that offense, each based on a separate sexual contact thus did not violate §701-109(1)(e). 85 H. 92 (App.), 937 P.2d 933.