§ 53a-70a — Aggravated sexual assault in the first degree: Class B or A felony.

Connecticut § 53a-70a

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(a) A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree as provided in section 53a-70, and in the commission of such offense (1) such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a deadly weapon, (2) with intent to disfigure the victim seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the victim's body, such person causes such injury to such victim, (3) under circumstances evincing an extreme indifference to human life such person recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to such victim, or (4) such person is aided by two or more other persons actually present. No person shall be convicted of sexual assault in the first degree and aggravated sexual assault in the first degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information. (b) (1) Except as provided in subdivision (2) of this subsection, aggravated sexual assault in the first degree is a class B felony. Any person found guilty under this section of a class B felony shall be sentenced to a term of imprisonment of at least ten years, five years of which may not be suspended or reduced by the court. (2) Aggravated sexual assault in the first degree is a class A felony if the victim of the offense is under sixteen years of age. Any person found guilty under this section of a class A felony shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court, except that, if such person committed sexual assault in the first degree by violating subdivision (1) of subsection (a) of section 53a-70 , and the victim of the offense is under sixteen years of age, twenty years of the sentence imposed may not be suspended or reduced by the court. Notwithstanding the provisions of subsection (a) of section 53a-29 and except as otherwise provided in this subsection, a court may suspend a portion of a sentence imposed under this subdivision and impose a period of probation pursuant to subsection (f) of section 53a-29 , or may impose a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 . See chapter 968a re address confidentiality program. See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor. See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

Legislative History

(P.A. 75-619, S. 9; P.A. 80-442, S. 20, 28; P.A. 87-246; P.A. 92-87, S. 2; June Sp. Sess. P.A. 99-2, S. 50; P.A. 02-138, S. 6; P.A. 15-211, S. 17.) History: P.A. 80-442 substituted “deadly weapon” for “firearm” and reference to specific firearms where occurring and increased portion of sentence which may not be suspended or reduced from 1 year to 5 years in Subsec. (b), effective July 1, 1981; P.A. 87-246 changed the name of the offense from sexual assault in the first degree with a deadly weapon to aggravated sexual assault in the first degree and added Subsec. (a)(2) re disfiguring the victim or destroying, amputating or disabling a member or organ of the victim and (a)(3) re recklessly engaging in conduct creating a risk of death to the victim and thereby causing serious physical injury to the victim; P.A. 92-87 added Subsec. (a)(4) re commission of the offense while aided by two or more other persons actually present; June Sp. Sess. P.A. 99-2 amended Subsec. (b) to add requirement that any person found guilty be sentenced to a term of imprisonment and a period of special parole pursuant to Sec. 53a-28(b) which together constitute a sentence of 20 years and made provisions of section gender neutral; P.A. 02-138 amended Subsec. (b) to classify the offense as a class A felony if the victim is under 16 years of age, add exception re 20-year nonsuspendable sentence if the violation is of Sec. 53a-70(a)(1) and the victim is under 16 years of age and replace provision that a person found guilty shall be sentenced to a term of imprisonment and a period of special parole “which together constitute a sentence of twenty years” with provision that a person found guilty shall be sentenced to a period of special parole “of at least five years”; P.A. 15-211 amended Subsec. (b) to designate existing provision re class B felony as Subdiv. (1) and amend same to add reference to Subdiv. (2) and add provision re sentence of at least 10 years imprisonment, 5 years of which may not be suspended or reduced, to designate existing provision re class A felony as Subdiv. (2) and amend same to increase imprisonment from 5 years to 10 years and add provision re suspension of sentence and imposition of period of probation, and to make technical and conforming changes. Cited. 175 C. 315; 188 C. 697; 192 C. 154; 204 C. 240; 207 C. 412; 210 C. 110; Id., 315; 211 C. 672. Judgment of Appellate Court in 19 CA 111 reversed. 215 C. 538. Cited. 240 C. 743. Cited. 3 CA 374; 11 CA 102; 12 CA 179; 19 CA 111; judgment reversed, see 215 C. 538; 35 CA 173; 36 CA 805; 43 CA 715. Cited. 43 CS 211. Subsec. (a): Cited. 206 C. 40; 216 C. 282; 235 C. 502. 5-week-old fetus constitutes a part of the mother's body and, therefore, is a “member” of her body for purposes of Subdiv. (2). 263 C. 524. Cited. 25 CA 725. For purposes of the offense described in Subdiv. (4), it is victim's objective and subjective awareness, and not perpetrator's physical proximity, that controls the factual determination as to whether perpetrator is “actually present”. 75 CA 578. Subsec. (b): Nothing in June Sp. Sess. P.A. 99-2 suggests that special parole with 20-year maximum sentence provision applied retroactively. 153 CA 639.