Report Title:

Crimes; Sexual Assault of a Minor

Description:

Amends the law defining continuous sexual assault of a minor to require: (1) that the period of sexual acts occur over a period of at least 3 months duration; and (2) that the jury unanimously agree as to which 3 acts constitute the offense, even if they can not agree how many acts occurred overall.

HOUSE OF REPRESENTATIVES

H.B. NO.

2789

TWENTY-SECOND LEGISLATURE, 2004

 

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 amending subsections (1) and (2) to read as follows:

"(1) Any person who:

(a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and

(b) Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, not less than three months in duration, but while the minor is under the age of fourteen years,

is guilty of the offense of continuous sexual assault of a minor under the age of fourteen years.

(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] agrees on which acts constitute 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 Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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