§707-733.6 - Continuous sexual assault of a minor under the age of fourteen years. - Hawaii Statutes

     [§707-733.6]  Continuous sexual assault of a minor under the age of fourteen years.  (1)  A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person:

    (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, while the minor is under the age of fourteen years.

     (2)  To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.

     (3)  No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative.  A defendant may be charged with only one count under this section, unless more than one victim is involved, in which case a separate count may be charged for each victim.

     (4)  Continuous sexual assault of a minor under the age of fourteen years is a class A felony. [L 2006, c 60, §1]