§707-733  Sexual assault in the fourth
degree.  (1)  A person commits the offense of sexual assault in the fourth
degree if:



(a) The person knowingly subjects another person to
sexual contact by compulsion or causes another person 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; or



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



(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]



 



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.



  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.



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



  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.



  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.