HAR §7-9-2. Indecent assault

(a) A model specification of the offense of indecent assault shall be as follows: "In that _____________________ did, (at) (on board) _____________________ on or about _____________________ 19__, commit an indecent assault upon _____________________, with intent to gratify (his) (her) (lust) (sexual desires)." (b) The elements of the offense of indecent assault shall be as follows: (1) That, at the time and place alleged the accused attempted to do, offered to do, or did bodily harm to another; (2) That the accused did so in the alleged manner; (3) That the acts were done with unlawful force or violence; (4) That the alleged victim was a human being and not the spouse of the accused; (5) That the act or acts of the accused amounted to taking of indecent, lewd, or lascivious liberties with the person of the alleged victim; (6) That the accused's acts were done without the consent of the alleged victim and against the victim's will; Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 9: General Article State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 3 of 23) (7) That the acts were done with the intent to gratify the lust or sexual desires of the accused; (8) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. (c) As used in this section: (1) An "attempt to do bodily harm" means an overt act which amounts to more than mere preparation and is done with apparent present ability to do bodily harm to another. Physical injury or offensive touching is not required. (2) An "offer to do bodily harm" means an intentional act or failure to act which foreseeably causes another to reasonably believe that force will immediately be applied to his or her person. There shall be an apparent present ability to bring about bodily harm. Physical injury or offensive touching is not required. (3) An act of force or violence is unlawful if done without legal justification or excuse and without the lawful consent of the victim. (4) An assault in which bodily harm is inflicted is a battery. A "battery" is an unlawful and intentional application of force or violence to another. The act must be done without legal justification or excuse and without the lawful consent of the victim. "Bodily harm" means any physical injury to or offensive touching of another person, however slight. (5) An indecent, lewd, and lascivious act means that form of immorality relating to sexual impurity which is not only grossly vulgar, obscene and repugnant to common propriety, but tends to excite, lust and deprave the morals with respect to sexual relations. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP