Cluster 4746908

Similarly, in State v. Malave, we held that “Sexual Assault 3 is an included offense of Sexual Assault 1 pursuant to HRS § 701-109(4)(c).” 146 Hawaiʻi 341, 352, 463 P.3d 998, 1009 (2020); see also HRS § 701-109(4)(c) (Supp. 2018) (permitting conviction of an included offense that “differs from the offense charged only in the respect that a less serious injury . . . suffices to establish its commission”).

State v. Malave, 146 Hawai#i 341, 348, 463 P.3d 998, 1005 (2020) (cleaned up). 5 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Statutory Interpretation "The interpretation of a statute is a question of law reviewable de novo." Rabago, 103 Hawai#i at 245, 81 P.3d at 1160 (cleaned up).

HRS § 707-715 (2014) states, in relevant part: A person commits the offense of terroristic threatening if the person threatens, by word or conduct, to cause bodily injury to another person . . . : (1) With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person[.] 2 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER State v. Malave, 146 Hawai#i 341, 348, 463 P.3d 998, 1005 (2020) (original brackets omitted) (quoting Stat…

In the context of lesser-included-offense jury instructions, the supreme court has held that "when jury instructions or the omission thereof are at issue on appeal, the standard of review is whether, when read and considered as a whole, the instructions given are prejudicially insufficient, erroneous, inconsistent, or misleading." State v. Malave, 146 Hawai#i 341, 349, 463 P.3d 998, 1006 (2020) (quoting State v. Flores, 131 Hawai#i 43, 57-58, 314 P.3d 120, 134-35 (2013)).

See State v. Malave, 146 Hawai‘i 341, 351, 463 P.3d 998, 1008 (2020), as amended (Apr. 22, 2020) (holding sexual contact “carries a less serious injury or risk” than sexual penetration).