A divided jury can still be unanimous (sometimes)
State v. Tran (HSC June 4, 2024) Background. In 2006, the Hawai'i Constitution was amended to get around the ruling in State v. Arceo , 84 Hawai'i 1, 928 P.2d 843 (1996): In continuous sexual assault crimes against minors younger than fourteen years of age, the legislature may define: 1. What behavior constitutes a continuing course of conduct; and 2. What constitutes the jury unanimity that is required for a conviction. Haw. Const. Art. I, Sec. 25. With that the Legislature passed HRS § 707-733.6. The conduct element requires proof of “three or more acts of sexual penetration or sexual contact with a minor over a period of time, while the minor is under the age of fourteen years.” HRS § 707-733.6(1)(b). The jury need not be unanimous as to which of the three: To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constit...