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Legal Statutes: Hawaii

UPDATED October 5, 2016

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Part V. Sexual Offenses

back to top707-730 Sexual assault in the first degree

(1) A person commits the offense of sexual assault in the first degree if:

(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;

(b) The person knowingly engages in sexual penetration with another person who is less than fourteen years old;

(c) The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that:

(i) The person is not less than five years older than the minor; and

(ii) The person is not legally married to the minor;

(d) The person knowingly subjects to sexual penetration another person who is mentally defective; or

(e) The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.

Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices.

(2) Sexual assault in the first degree is a class A felony.
Laws 1986, ch. 314, § 57; Laws 1987, ch. 181, § 9; Laws 2001, 2nd Sp. Sess., ch. 1, §§ 1, 7; Laws 2002, ch. 36, § 3; Laws 2003, ch. 62, § 1; Laws 2004, ch. 10, § 15; Laws 2006, ch. 230, § 32; Laws 2009, ch. 11, § 72, eff. April 3, 2008.