Report Title:

Crimes; Sexual Assault of a Minor

Description:

Amends the law defining continuous sexual assault of a minor to require that the jury unanimously agrees as to which 3 acts constitute the offense, even if they cannot agree on how many acts occurred overall. (HB2789 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2789

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SEXUAL ASSAULT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 707-733.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) To convict under this section, the trier of fact, if a jury, need not unanimously agree [only] that all of the [requisite number of] alleged acts have occurred; provided that the jury [need not agree] has agreed on which acts constitute at least the requisite number."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.