§707-733 Sexual assault in the fourth degree.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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

(a)The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor, to have sexual contact with the actor by compulsion;

(b)The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury;

(c)The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor; or

(d)The person knowingly engages in or causes sexual contact with a minor who is at least sixteen years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that:

(i)The person is not less than five years older than the minor; and

(ii)The person is not legally married to the minor.

(2)Sexual assault in the fourth degree is a misdemeanor.

(3)Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603. [L 1986, c 314, pt of §57; am L 1991, c 214, §1; am L 2016, c 153, §2 and c 231, §34]

Case Notes

Defendant's right to a fair trial was violated where counselor of victim-witness was allowed to place hands upon victim's shoulders while victim was testifying. 70 H. 472, 777 P.2d 240 (1989).

Sexual assault in the fourth degree and attempted sexual assault in the fourth degree are included offenses of attempted sexual assault in the second degree, within the meaning of §701-109(4)(c). 79 H. 46, 897 P.2d 973 (1995).

Evidence sufficient to establish absence of consent and thus sufficient to establish element of "compulsion". 81 H. 39, 912 P.2d 71 (1996).

Sexual assault in the fourth degree under subsection (1)(a) not an included offense of sexual assault in the third degree under §707-732(1)(b) as defined by §701-109(4). 83 H. 308, 926 P.2d 599 (1996).

Based on §701-109(4)(a), fourth degree sexual assault under subsection (1)(a) is a lesser included offense of third degree sexual assault under §707-732(1)(e). 85 H. 92 (App.), 937 P.2d 933 (1997).