HRS 0707-0732 ANNOTATIONS

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.

Placement of the elemental attendant circumstances after the state of mind in the enumerated elements instruction was not error; when read and considered as a whole, the instructions adequately informed the jury of the prosecution's burden to prove that complainant did not consent to the acts alleged and was not married to defendant at the time, and that defendant was aware of both circumstances when defendant acted. 97 H. 140 (App.), 34 P.3d 1039.