HRS 0707-0733_0005 ANNOTATIONS

Cross References

Sex offender registration, see chapter 846E.

Case Notes

Multiple acts of sexual penetration or sexual contact are, by nature, separate and discrete and therefore may not form the basis of a "continuing offense"; thus, a jury must be unanimous as to which act(s) constituted the crime; to ensure jury unanimity, either the prosecution must elect the particular criminal acts upon which it will rely for conviction, or the trial court must instruct the jurors that all of them must agree that the same underlying criminal act(s) have been proved beyond a reasonable doubt. 103 H. 236, 81 P.3d 1151.

Subsection (2) (1997) is an unconstitutional violation of a defendant's right to due process of law. 103 H. 236, 81 P.3d 1151.

 

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