§ 53a-73a — Sexual assault in the fourth degree: Class A misdemeanor or class D felony.

Connecticut § 53a-73a

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

Text

(a) A person is guilty of sexual assault in the fourth degree when: (1) Such person subjects another person to sexual contact who is (A) under thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) physically helpless, or (D) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (E) 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 (2) such person subjects another person to sexual contact without such other person's consent; or (3) such person engages in sexual contact with a dead human body; or (4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (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 contact occurs by means of therapeutic deception; or (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or (6) such person is a school employee and subjects another person to sexual contact who 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 (7) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who 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 (8) such person subjects another person to sexual contact and (A) 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 (B) such other person is under eighteen years of age; or (9) such person subjects another person to sexual contact who 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 fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D 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. 6; P.A. 83-326, S. 2; P.A. 93-340, S. 3; P.A. 94-221, S. 19; P.A. 02-106, S. 2; 02-138, S. 10; P.A. 04-130, S. 2; P.A. 07-143, S. 2; P.A. 11-113, S. 2; P.A. 13-28, S. 1; 13-47, S. 2; P.A. 19-16, S. 16; 19-93, S. 10; P.A. 23-47, S. 10; 23-149, S. 3.) History: P.A. 83-326 amended Subsec. (a)(1) to impose liability when the victim is mentally defective or mentally incapacitated “to the extent that he is unable to consent to such sexual contact”, redesignated as Subpara. (C) a victim who is “physically helpless” and relettered the remaining subparagraphs; P.A. 93-340 added Subsec. (a)(4) and (5) re sexual contact by a psychotherapist with a patient or former patient and re sexual contact accomplished by means of false representation that it is for a bona fide medical purpose; P.A. 94-221 added Subsec. (a)(6) re school employees and students; P.A. 02-106 made a technical change in Subsec. (a)(1)(B) for purposes of gender neutrality and added Subsec. (a)(7) re a coach or instructor subjecting another person to sexual contact 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. (a) to make technical changes and amended Subsec. (b) to classify the offense as a class D felony if the victim is under 16 years of age; P.A. 04-130 added Subsec. (a)(8) 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 subjects that other person to sexual contact; P.A. 07-143 amended Subsec. (a)(1) to revise Subpara. (A) re when victim is under 15 years of age by establishing an age differential between the victim and the actor requiring that for a victim under 13 years of age the actor be more than 2 years older and requiring that for a victim 13 years of age or older but under 15 years of age the actor be more than 3 years older, designating the latter provision as new Subpara. (B) and relettering the remaining Subparas. accordingly; P.A. 11-113 added Subsec. (a)(9) 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 subjects such person to sexual contact; P.A. 13-28 amended Subsec. (a)(1) to delete “intentionally”; P.A. 13-47 amended Subsec. (a)(1)(C) to substitute “impaired because of mental disability or disease” for “mentally defective”; P.A. 19-16 amended Subsec. (a)(1)(C) by deleting “mentally incapacitated or”; P.A. 19-93 amended Subsec. (a)(1) by deleting former Subpara. (C) re impairment because of mental disability or disease and redesignating existing Subparas. (D) to (F) as Subparas. (C) to (E); P.A. 23-47 amended Subsec. (a) by making existing language re sexual contact with an animal Subdiv. (3) and specifying that sexual contact with a “dead body” is a “dead human body” as new Subdiv. (4) and redesignating existing Subdivs. (4) to (9) as Subdivs. (5) to (10) (Revisor's note: In Subsec. (a), to conform with the deletion made by P.A. 23-149, the Revisors editorially deleted “(4) such person engages in sexual contact with”, which appeared in the engrossed bill, and left existing Subdiv. designators (4) to (9) unchanged); P.A. 23-149 amended Subsec. (a)(3) by deleting reference to sexual contact with an animal and making technical changes. Cited. 175 C. 315. Proof of specific interest required under statute precludes this from being a lesser included offense under Sec. 53-21. 186 C. 45. Cited. 192 C. 154; 204 C. 683; 205 C. 386; 210 C. 396; Id., 582; 211 C. 455; 224 C. 1. Cited. 3 CA 374; 6 CA 150; 8 CA 607; 11 CA 80; Id., 102; 14 CA 40; 15 CA 251; Id., 289; 18 CA 459; 25 CA 270; judgment reversed in part, see 224 C. 1. Judgment of acquittal in 26 CA 625, 221 C. 917 and 224 C. 656 reversed and case remanded to trial court with direction to render judgment reinstating conviction under section. 31 CA 452. Cited. 34 CA 473; 35 CA 173; 43 CA 458; Id., 715. Reiterated previous holdings touching bare skin not required for sexual contact in the fourth degree. 59 CA 538. Evidence was sufficient to conclude, beyond reasonable doubt, that defendant touched victim's intimate parts for the purpose of degrading or humiliating her, therefore constituting “sexual contact”. 124 CA 261. Sexual assault in the fourth degree is not a lesser included offense of sexual assault in the first degree; convictions under this section and Sec. 53a-70 do not violate the prohibition against double jeopardy because they are separate and distinct crimes and each crime requires proof of an element that the other does not. 171 CA 530. It is undisputable that Connecticut recognizes a clear public policy against sexual misconduct and sexual harassment; this public policy is evidenced in state criminal statutes, which provide that “a person is guilty of sexual assault in the fourth degree when ... (2) such person subjects another person to sexual contact without such other person's consent”; thus, arbitration award reinstating police officer who had engaged in sexual misconduct and harassment while on duty clearly violates established public policy and must be vacated. 48 CS 574. Subsec. (a): Cited. 183 C. 586; 192 C. 37; 200 C. 440; Id., 734; 205 C. 515; 211 C. 555; 215 C. 653. Subdiv. (1)(A): Defendant waived claim that violation of section is not a lesser included offense of violation of Sec. 53a-71(a)(1); judgment of Appellate Court in 26 CA 625 reversed and case remanded for determination of evidence sufficiency. 224 C. 656. Cited. 227 C. 207; 230 C. 43. Subdiv. (1)(A) and Sec. 53-21(a)(2) are not the same offense for double jeopardy purposes. 291 C. 1. Subdiv. (2): Consistent with other provisions of the Penal Code, sexual assault in the fourth degree is not a strict liability offense with respect to consent element and criminal negligence is the required mens rea for that element. 317 C. 482. Cited. 12 CA 395; 18 CA 297; Id., 694; 19 CA 44; 20 CA 115; Id., 365; Id., 530; 26 CA 625; judgment reversed, see 224 C. 656; Id., 674; 29 CA 409; 33 CA 205; 34 CA 428; 38 CA 125; 45 CA 116; Id., 289; Id., 512; Id., 613. Subdiv. (1)(A): This offense and the offense of risk of injury to a child are not the same offense for double jeopardy. 49 CA 409. There was sufficient evidence produced at trial to convict defendant of sexual assault in the fourth degree; the state proved defendant was the perpetrator of the assault and victim's testimony, although inconsistent, was credible. 110 CA 97. Subdiv. (1)(A): Under 2005 revision, trial court properly found that minor respondent acted with mental state necessary for commission of sexual assault because court's finding that respondent acted for the purpose of sexual gratification was supported by ample circumstantial evidence, not solely by evidence that respondent had contact with intimate parts of victim. 117 CA 582. 2003 revision of Subdiv. (1)(A) and Sec. 53-21(a)(2) are not the same offenses for double jeopardy purposes. 118 CA 589.