§ 53a-72a — Sexual assault in the third degree: Class D or C felony.

Connecticut § 53a-72a

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

Text

(a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, or (2) subjects another person to sexual contact and such other person is mentally incapacitated or impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact, or (3) engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in section 46b-21. (b) Sexual assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony. 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. 5; P.A. 80-346, S. 1; P.A. 92-260, S. 33; P.A. 02-138, S. 8; P.A. 19-16, S. 15; 19-93, S. 9.) History: P.A. 80-346 designated previous Subdivs. (1) and (2) as Subparas. (A) and (B) in Subdiv. (1) of Subsec. (a) and added Subdiv. (2) re incest; P.A. 92-260 made technical changes by amending Subsec. (a)(1)(B) to replace “which reasonably causes such person to fear physical injury to such person” with “which reasonably causes such other person to fear physical injury to himself or herself” and amending Subsec. (a)(2) to replace “such person” with “the actor” or “him or her” as appropriate; P.A. 02-138 amended Subsec. (b) to classify the offense as a class C felony if the victim is under 16 years of age; P.A. 19-16 amended Subsec. (a) by adding new Subdiv. (2) re person who is mentally incapacitated and redesignating existing Subdiv. (2) as Subdiv. (3); P.A. 19-93 amended Subsec. (a)(2) by adding “or impaired because of mental disability or disease”. Cited. 175 C. 315; 186 C. 45; 187 C. 216; 191 C. 604; 192 C. 154; 194 C. 258; 199 C. 121; 205 C. 352; Id., 386; 207 C. 403; 214 C. 89; 224 C. 656; 240 C. 743. Statute encompasses adopted relatives. 258 C. 779. Cited. 1 CA 724; 3 CA 374; 6 CA 15; 9 CA 631; judgment reversed, see 205 C. 352; Id., 648; 10 CA 591; 11 CA 102; 12 CA 585; 35 CA 173; 43 CA 715; 46 CA 741. Evidence was sufficient to support conviction and court properly instructed jury on element of intent for conviction of sexual assault in the third degree. 81 CA 189. Subsec. (a): Cited. 198 C. 147; 205 C. 27; 209 C. 416; 210 C. 244; 211 C. 18; 220 C. 400; 224 C. 397; 225 C. 519; 229 C. 580; Id., 557; 233 C. 502; 237 C. 284; Id., 576; Id., 694. Court's failure to define “knowledge” or to explain how it pertains to charge of sexual assault in the third degree did not violate defendant's due process rights where jury instructions, viewed as a whole, adequately informed jury of the elements of the crime. 258 C. 779. Subdiv. (2) does not violate equal protection clause of federal constitution because it applies equally to both opposite sex and same sex intercourse when individuals are related within certain degrees of kindred. 285 C. 528. Cited. 2 CA 333; 11 CA 236; 12 CA 221; 14 CA 244; 18 CA 273; Id., 694; 20 CA 530; 23 CA 221; Id., 564; judgment reversed in part, see 200 C. 400; 25 CA 653; judgment reversed, see 223 C. 52; Id., 725; 26 CA 395; 29 CA 724; 30 CA 281; 32 CA 217; judgment reversed, see 229 C. 580; 33 CA 743; judgment reversed, see 233 C. 502; 36 CA 228; 38 CA 100; Id., 762; 39 CA 657; Id., 742; 41 CA 139; Id., 287; 43 CA 578; 45 CA 756. Subdiv. (2) violates guarantees of equal protection because it proscribes heterosexual, but not homosexual, intercourse between kindred persons, and no rational basis exists for such distinction. 94 CA 667; judgment reversed, see 285 C. 498. Subdiv. (2): Jury instructions were proper as to essential element of sexual assault in the third degree when trial court directed jury to consider admission made by defendant that he was the stepfather of the victim. 110 CA 181. Subdiv. (2): 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.