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Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 707-730

Current as of January 01, 2022 | Updated by FindLaw Staff

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

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

(b) Knowingly engages in sexual penetration with a person who is less than fourteen years old;

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

(i) No less than five years older than the minor; and

(ii) Not legally married to the minor;

(d) Knowingly subjects to sexual penetration a person who is mentally defective; provided that the actor is negligent in not knowing of the mental defect of the victim; or

(e) Knowingly subjects to sexual penetration a 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.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 707-730 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-707-730.html

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