HRS 0707-0731 ANNOTATIONS

Because sexual assault in the fourth degree in violation of §707-733(1)(a) and attempted sexual assault in the fourth degree in violation of §§705-500 and 707-733(1)(a) are included offenses of charged offense of attempted sexual assault in the second degree in violation of §§705-500 and 707-731(1)(a), circuit court erred in refusing, over appellant's objection, to instruct jury with respect to them. 79 H. 46, 897 P.2d 973.

Evidence sufficient to establish absence of consent and thus sufficient to establish element of "compulsion". 81 H. 39, 912 P.2d 71.

State must prove beyond a reasonable doubt that complainant was mentally defective, mentally incapacitated, or physically helpless and defendant was aware that complainant was such a person. 81 H. 447 (App.), 918 P.2d 254.

An imprisoned person's consent to "sexual penetration" by an employee of a state correctional facility is ineffective and thus is not a defense to a charge brought under subsection (1)(c). 86 H. 426 (App.), 949 P.2d 1047.

Subsection (1)(c) not unconstitutionally vague. 86 H. 426 (App.), 949 P.2d 1047.