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Hawaii Revised Statutes

Haw. Rev. Stat. § 707-733 (2026)

  Sexual assault in the fourth degree

✓ current as of July 2026
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     §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, 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).

 

 

Notes of Decisions
Cited in 70 cases (15 in the last 5 years), 1979–2026 · leading case: State v. Kalama, 8 P.3d 1224 (Haw. 2000).
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State v. Kalama, 8 P.3d 1224 (Haw. 2000). · cites it 36× “In 1991, the phrase "or alarm" was deleted from HRS § 707-734, and the word "alarm" was incorporated into existing section (1)(b) of HRS § 707-733. Sen. Com. Rep. No. 1000, in 1991 Senate Journal, at 1103.”
State v. Jones, 29 P.3d 351 (Haw. 2001). · cites it 16× “] [3] HRS § 707-733 states in pertinent part: Sexual assault in the fourth degree.”
State v. Buch, 926 P.2d 599 (Haw. 1996). · cites it 22× “…in 1971 Senate Journal, at 1074; Supplemental Commentary to HRS §§ 707-730 to 732 (1976); Supplemental Commentary to HRS §§ 707-733 to 735 (1976); Supplemental Commentary to HRS §§ 707-736 to 737 (1976) ("As in the case of rape and sodomy, when the Legislature adopted the…”
State v. Kinnane, 897 P.2d 973 (Haw. 1995). · cites it 18× “HRS § 707-733 (Supp.1992) provides in relevant part: Sexual assault in the fourth degree.”
State v. Kalaola, 237 P.3d 1109 (Haw. 2010). · cites it 8× “ed of five counts of sexual assault including (1) one count of sexual assault in the second degree, HRS § 707-731(1)(a) (1993); (2) one count of attempted sexual assault in the second degree, *1142 HRS §§ 705-500 (1993) and 707-731(1)(a); (3) one count of sexual assault in the…”
State v. Jackson, 912 P.2d 71 (Haw. 1996). · cites it 10× “Jackson was convicted of one count of sexual assault in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-731(1)(a) (1993), [1] and one count of sexual assault in the fourth degree, in violation of HRS § 707-733(1)(a) (1993). [2] Jackson appeals from the…”
State v. Guidry, 96 P.3d 242 (Haw. 2004). · cites it 6× “Thus, persons convicted of sexual assault in the fourth degree, HRS § 707-733(l)(a) (Supp. 2001), must also abide by the registration requirements of chapter 846E.”
State v. Choy Foo., 414 P.3d 117 (Haw. 2018). · cites it 4× “(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; .”
State v. Kamana'o, 188 P.3d 724 (Haw. 2008). · cites it 6× “On October 13, 1983[, Petitioner] was convicted by a jury of the three counts that are the subject of this appeal, two counts of rape in the first degree in violation of HRS § 707-730, and one count of sodomy in the first degree in violation of HRS § 707-733. All three counts…”
State v. Satoafaiga., 504 P.3d 324 (Haw. 2022). · cites it 8× “]” 8 *** FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** Degree under HRS 707-733(1)(a) (Supp. 2016).12 Count Four remained unchanged.”
State v. Bani, 36 P.3d 1255 (Haw. 2001). · cites it 4× “HRS § 707-733 provides: Sexual assault in the fourth degree.”
State v. Calara., 322 P.3d 931 (Haw. 2014). · cites it 10× “We hold that the circuit court abused its discretion by admitting the testimony of a police detective, a long-time 2 HRS § 707-733(1)(a) provides, “A person commits the offense of sexual assault in the fourth degree if: .”
Show all 70 citing cases →
— Haw. Rev. Stat. § 707-733(1) — 2 cases
State v. Chun, 76 P.3d 935 (Haw. 2003).
State v. Choy Foo, 389 P.3d 934 (Haw. App. 2016).
— Haw. Rev. Stat. § 707-733(1)(a) — 20 cases
State v. Buch, 926 P.2d 599 (Haw. 1996). “…in 1971 Senate Journal, at 1074; Supplemental Commentary to HRS §§ 707-730 to 732 (1976); Supplemental Commentary to HRS §§ 707-733 to 735 (1976); Supplemental Commentary to HRS §§ 707-736 to 737 (1976) ("As in the case of rape and sodomy, when the Legislature adopted the…”
State v. Kalaola, 237 P.3d 1109 (Haw. 2010). “ed of five counts of sexual assault including (1) one count of sexual assault in the second degree, HRS § 707-731(1)(a) (1993); (2) one count of attempted sexual assault in the second degree, *1142 HRS §§ 705-500 (1993) and 707-731(1)(a); (3) one count of sexual assault in the…”
State v. Jackson, 912 P.2d 71 (Haw. 1996). “Jackson was convicted of one count of sexual assault in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-731(1)(a) (1993), [1] and one count of sexual assault in the fourth degree, in violation of HRS § 707-733(1)(a) (1993). [2] Jackson appeals from the…”
State v. Satoafaiga., 504 P.3d 324 (Haw. 2022). “]” 8 *** FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** Degree under HRS 707-733(1)(a) (Supp. 2016).12 Count Four remained unchanged.”
State v. Jones, 29 P.3d 351 (Haw. 2001). “] [3] HRS § 707-733 states in pertinent part: Sexual assault in the fourth degree.”
— Haw. Rev. Stat. § 707-733(1)(a)(1993) — 1 case
State v. Thompson, 464 P.3d 286 (Haw. 2020).
— Haw. Rev. Stat. § 707-733(1)(a)(i) — 4 cases
State v. Rodrigues, 679 P.2d 615 (Haw. 1984).
State v. Kamanao, 188 P.3d 724 (Haw. 2008).
State v. Hoopii, 710 P.2d 1193 (Haw. 1985).
State v. Suka, 901 P.2d 1272 (Haw. App. 1995).
— Haw. Rev. Stat. § 707-733(1)(b) — 7 cases
State v. Kalama, 8 P.3d 1224 (Haw. 2000). “In 1991, the phrase "or alarm" was deleted from HRS § 707-734, and the word "alarm" was incorporated into existing section (1)(b) of HRS § 707-733. Sen. Com. Rep. No. 1000, in 1991 Senate Journal, at 1103.”
State v. Kalaola, 237 P.3d 1109 (Haw. 2010). “ed of five counts of sexual assault including (1) one count of sexual assault in the second degree, HRS § 707-731(1)(a) (1993); (2) one count of attempted sexual assault in the second degree, *1142 HRS §§ 705-500 (1993) and 707-731(1)(a); (3) one count of sexual assault in the…”
State v. Jones, 29 P.3d 351 (Haw. 2001). “] [3] HRS § 707-733 states in pertinent part: Sexual assault in the fourth degree.”
State v. Chun, 76 P.3d 935 (Haw. 2003).
State v. Jones, 32 P.3d 1097 (Haw. App. 1998).
— Haw. Rev. Stat. § 707-733(1)(d) — 1 case
State v. Calaycay., 449 P.3d 1184 (Haw. 2019).
— Haw. Rev. Stat. § 707-733(2) — 1 case
State v. Topasna, 16 P.3d 849 (Haw. App. 2000).
— Haw. Rev. Stat. § 707-733(b) — 1 case
State v. Jones, 29 P.3d 351 (Haw. 2001). “] [3] HRS § 707-733 states in pertinent part: Sexual assault in the fourth degree.”
— Haw. Rev. Stat. § 707-733(l)(a) — 18 cases
State v. Kinnane, 897 P.2d 973 (Haw. 1995). “HRS § 707-733 (Supp.1992) provides in relevant part: Sexual assault in the fourth degree.”
State v. Buch, 926 P.2d 599 (Haw. 1996). “…in 1971 Senate Journal, at 1074; Supplemental Commentary to HRS §§ 707-730 to 732 (1976); Supplemental Commentary to HRS §§ 707-733 to 735 (1976); Supplemental Commentary to HRS §§ 707-736 to 737 (1976) ("As in the case of rape and sodomy, when the Legislature adopted the…”
State v. Guidry, 96 P.3d 242 (Haw. 2004). “Thus, persons convicted of sexual assault in the fourth degree, HRS § 707-733(l)(a) (Supp. 2001), must also abide by the registration requirements of chapter 846E.”
State v. Jackson, 912 P.2d 71 (Haw. 1996). “Jackson was convicted of one count of sexual assault in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-731(1)(a) (1993), [1] and one count of sexual assault in the fourth degree, in violation of HRS § 707-733(1)(a) (1993). [2] Jackson appeals from the…”
State v. Baron, 905 P.2d 613 (Haw. 1995).
— Haw. Rev. Stat. § 707-733(l)(a)(i) — 8 cases
State v. Antone, 615 P.2d 101 (Haw. 1980).
State v. Kamana'o, 188 P.3d 724 (Haw. 2008). “On October 13, 1983[, Petitioner] was convicted by a jury of the three counts that are the subject of this appeal, two counts of rape in the first degree in violation of HRS § 707-730, and one count of sodomy in the first degree in violation of HRS § 707-733. All three counts…”
State v. Rodrigues, 679 P.2d 615 (Haw. 1984).
State v. Suka, 901 P.2d 1272 (Haw. App. 1995).
State v. Perez, 638 P.2d 335 (Haw. 1981).
— Haw. Rev. Stat. § 707-733(l)(a)(ii) — 1 case
State v. Blanding, 752 P.2d 99 (Haw. 1988).
— Haw. Rev. Stat. § 707-733(l)(b) — 3 cases
State v. Jones, 29 P.3d 351 (Haw. 2001). “] [3] HRS § 707-733 states in pertinent part: Sexual assault in the fourth degree.”
State v. Gunson, 64 P.3d 290 (Haw. App. 2003).
State v. Guidry, 96 P.3d 242 (Haw. 2004). “Thus, persons convicted of sexual assault in the fourth degree, HRS § 707-733(l)(a) (Supp. 2001), must also abide by the registration requirements of chapter 846E.”
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