§ 53a-71 — Sexual assault in the second degree: Class C or B felony.

Connecticut § 53a-71

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

Text

(a) A person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and: (1) Such other person is thirteen years of age or older but under sixteen years of age and the actor is more than three years older than such other person; or (2) such other person is impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual intercourse; or (3) such other person is physically helpless; or (4) such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare; or (5) such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (6) the actor is a psychotherapist and such other person is (A) a patient of the actor and the sexual intercourse occurs during the psychotherapy session, (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual intercourse occurs by means of therapeutic deception; or (7) the actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a health care professional; or (8) the actor is a school employee and such other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or (9) the actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction and such other person is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (10) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and such other person is under eighteen years of age; or (11) such other person is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over such other person. (b) Sexual assault in the second degree is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court. 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

(1969, P.A. 828, S. 72; P.A. 75-619, S. 4; P.A. 82-428, S. 3; P.A. 83-326, S. 1; P.A. 85-341, S. 2; P.A. 93-340, S. 2; P.A. 94-221, S. 18; P.A. 00-161, S. 2; P.A. 02-106, S. 1; 02-138, S. 7; P.A. 04-130, S. 1; P.A. 07-143, S. 1; P.A. 11-113, S. 1; P.A. 13-47, S. 1.) History: P.A. 75-619 restated Subsec. (a) to conform with changes made in definitions of Sec. 53a-65, referred to sexual “assault” rather than to sexual “misconduct” and made the offense a Class C felony rather than a Class A misdemeanor; P.A. 82-428 amended Subsec. (b) to provide that nine months of sentence may not be suspended or reduced by the court; P.A. 83-326 amended Subsec. (a) to impose liability when the victim is mentally defective or mentally incapacitated “to the extent that he is unable to consent to such sexual intercourse”, redesignated as Subdiv. (3) a victim who is “physically helpless” and renumbered the remaining Subdivs.; P.A. 85-341 amended Subsec. (a)(1) to increase the applicable age from 15 to 16 years; P.A. 93-340 amended Subsec. (a)(1) to specify that the other person be 13 years of age or older and the actor be more than 2 years older than such person, added Subdivs. (6) and (7) re sexual intercourse between a psychotherapist and a patient or former patient and re sexual intercourse accomplished by false representation that it is for a bona fide medical purpose; P.A. 94-221 added Subsec. (a)(8) concerning school employees and students; P.A. 00-161 amended Subsec. (a)(2) by deleting provision re the act of engaging in sexual intercourse with a person who is mentally incapacitated, which conduct was reclassified as sexual assault in the first degree under Sec. 53a-70 by same public act, and by making a technical change for purposes of gender neutrality; P.A. 02-106 added Subsec. (a)(9) re sexual intercourse between a coach or instructor and a person who is a recipient of such coaching or instruction and is a secondary school student receiving such coaching or instruction in a secondary school setting or under 18 years of age; P.A. 02-138 amended Subsec. (b) to classify the offense as a class B felony if the victim is under 16 years of age; P.A. 04-130 added Subsec. (a)(10) re actor 20 years of age or older who stands in a position of power, authority or supervision over another person under 18 years of age and engages in sexual intercourse with such other person; P.A. 07-143 amended Subsec. (a)(1) to increase the age differential from 2 to 3 years and make a technical change; P.A. 11-113 added Subsec. (a)(11) re actor who has supervisory or disciplinary authority over person placed or receiving services under direction of Commissioner of Developmental Services in any public or private facility or program and engages in sexual intercourse with such person; P.A. 13-47 amended Subsec. (a)(2) to substitute “impaired because of mental disability or disease” for “mentally defective”. Cited. 175 C. 315; 180 C. 54; 185 C. 199; 186 C. 45; 187 C. 73; Id., 348; 189 C. 321; 192 C. 154; 198 C. 53; 199 C. 47; 201 C. 211; 207 C. 374; 209 C. 225; 211 C. 455; 224 C. 1; 228 C. 393; 240 C. 743; 242 C. 409. Cited. 3 CA 374; 11 CA 102; 13 CA 378; 14 CA 688; 15 CA 251; Id., 289; 25 CA 270; judgment reversed in part, see 224 C. 1; 30 CA 527; 33 CA 133; 35 CA 173; Id., 754; 36 CA 383; 38 CA 56; 43 CA 715; 45 CA 116. Term “years” in Subsec. (a)(1) means periods of 365 or 356 days, not calendar years; Subsec. (a)(1) not void for vagueness as applied to defendant in this case despite lack of judicial gloss on meaning of “years” and does not violate defendant's right to equal protection. 47 CA 68. Evidence was sufficient for jury to find defendant guilty beyond a reasonable doubt. 57 CA 736. Pursuant to Sec. 53-21(2), risk of injury to or impairing the morals of a child involves sexual contact with a child younger than the age of 16 years “in a sexual and indecent manner likely to impair the health or morals of such child”; this section contains no such similar provision; risk of injury to a child, therefore, contains elements lacking in sexual assault in the second degree. 79 CA 591. Subsec. (a): Cited. 180 C. 167; 181 C. 426; 182 C. 382; 188 C. 565; Id., 644. Subdiv. (3): Terms “responsibility” and “general supervision” discussed. 189 C. 321. Cited. 190 C. 84; 191 C. 453; 197 C. 666; 199 C. 481; 200 C. 440; Id., 734; 204 C. 187; 205 C. 386; Id., 528; 210 C. 51; Id., 244; Id., 359; 211 C. 185; Id., 555; 215 C. 653; 219 C. 283; 220 C. 345; 224 C. 656; 227 C. 207; 228 C. 552; Id., 610; 229 C. 580; Id., 839; 230 C. 43; 237 C. 321; 242 C. 296. Court determined defendant was more than 2 years older than victim by calculating the difference in age based on birthdates rather than calendar years; statute not unconstitutionally vague and does not violate defendant's right to equal protection under the law. 248 C. 543. Statute does not require physical violence as element of the crime. 260 C. 486. Prescribes a general liability crime and defendant cannot prevail on claim that attempt charge under section is invalid based on strict liability of crime; evidence of adult male's electronic mail exchanges with undercover officer posing as 13-year-old girl, defendant's arrival at prearranged meeting place and possession of related pornographic materials was sufficient to prove required intent and knowledge to support conviction under section and section is not unconstitutionally void for vagueness based on these facts. 277 C. 155. Cited. 7 CA 46; 8 CA 190; Id., 313; 9 CA 426; 10 CA 591; 11 CA 236; 13 CA 493; 14 CA 244; 15 CA 222; 17 CA 174; Id., 186; Id., 447; Id., 525; 18 CA 273; 19 CA 44; Id., 445; Id., 646; 20 CA 40; Id., 115; Id., 193; Id., 263; Id., 288, 289; Id., 530, 532; Id., 737; 23 CA 241; Id., 712; 24 CA 146; 25 CA 235; Id., 243; 26 CA 625; judgment reversed, see 224 C. 656; Id., 674; Id., 758; 28 CA 91; 31 CA 120; 32 CA 217; judgment reversed, see 229 C. 580; Id., 773; 33 CA 205; 34 CA 46; 37 CA 213; 38 CA 125; Id., 731; 39 CA 742; 40 CA 132; 41 CA 139; 43 CA 142; Id., 619; Id., 667; Id., 785; 45 CA 289; Id., 512. Trial court properly refused to instruct jury as requested by defendant on the issue of fraudulent misrepresentation; no affirmative defense of fraudulent misrepresentation is available under provision of statute prohibiting sexual intercourse between a person who is between the ages of 13 and 15 and a person who is at least 2 years older. 63 CA 536. Subdiv. (1): Sexual assault in the second degree was not a lesser offense included within sexual assault in the first degree because it would be possible to commit the latter offense in the manner described in the information and bill of particulars without committing the former offense. 99 CA 251. Subdiv. (1): Decriminalization of an act under Subdiv. in P.A. 07-143 entitled person with prior conviction for committing such act to erasure and destruction of records under Sec. 54-142d. 142 CA 21. Subdiv. (1): Court could reasonably have found sufficient evidence to satisfy penetration element of sexual assault where both the child and defendant were wearing underwear. 148 CA 378. Subdiv. (1): Conviction under this Subdiv. and Sec. 53-21(a)(2) does not violate defendant's constitutional right against double jeopardy because each crime requires proof of a fact that the other does not. 174 CA 172. Subdiv. (3): Evidence sufficient to prove sexual assault in the second degree where victim was able to communicate during earlier stages of assault but could not physically or verbally communicate her lack of consent during later penile-vaginal intercourse. 180 CA 799. Subdiv. (1): The limited exception under Sec. 54-193a for a prosecution of sexual assault in the second degree under this Subdiv. cannot be expanded and applied to a risk of injury charge under Sec. 53-21(a)(2). 213 CA 757. Subsec. (b): Cited. 207 C. 412. Defendant's sentence of 10 years of imprisonment followed by 10 years of special parole violated Sec. 54-128(c) and was an illegal sentence because total length of terms of imprisonment and special parole combined exceeded maximum term of imprisonment authorized for sexual assault in the second degree by Subsec. and Sec. 53a-35a(6). 279 C. 527.