State Codes and Statutes

State Codes and Statutes

Statutes > Connecticut > Title53a > Chap952 > Sec53a-71

      Sec. 53a-71. Sexual assault in the second degree: Class C or B felony. (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 mentally defective 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.

      (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.

      (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.)

      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.

      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.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315. Cited. 180 C. 54. Cited. 185 C. 199. Cited. 186 C. 45. Cited. 187 C. 73; Id., 348. Cited. 189 C. 321.
Cited. 192 C. 154. Cited. 198 C. 53. Cited. 199 C. 47. Cited. 201 C. 211. Cited. 207 C. 374. Cited. 209 C. 225. Cited. 211
C. 455. Cited. 224 C. 1. Cited. 228 C. 393. P.A. 93-340, Sec. 2 cited. Id. Cited. 240 C. 743. Cited. 242 C. 409.

      Cited. 3 CA 374. Cited. 11 CA 102. Cited. 13 CA 378. Cited. 14 CA 688. Cited. 15 CA 251; Id., 289. Cited. 25 CA
270; judgment reversed in part, see 224 C. 1. Cited. 30 CA 527. Cited. 33 CA 133. Cited. 35 CA 173; Id., 754. Cited. 36
CA 383. Cited. 38 CA 56. Cited. 43 CA 715. Cited. 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 sixteen 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):

      Subdiv. (1) cited. 180 C. 167; 181 C. 426; 182 C. 382; 188 C. 565; Id., 644. Subdiv. (3): The terms "responsibility"
and "general supervision" discussed; dissent regarded construction of those terms by majority as much narrower than
origin warranted. 189 C. 321. Subdiv. (1) cited. 190 C. 84; 191 C. 453; 197 C. 666. Subdiv. (2) cited. 199 C. 481; 200 C.
440. Subdiv. (1) cited. Id., 734; 204 C. 187. Subdiv. (3) cited. 205 C. 386. Subdiv. (1) cited. Id., 528; 210 C. 51. Subdiv.
(4) cited. Id., 244. Subdiv. (1) cited. Id., 359; 211 C. 185; Id., 555; 215 C. 653; 219 C. 283; 220 C. 345; 224 C. 656;
judgment reversed, see 31 CA 452; 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 two years older than victim by calculating the difference in age based on
birthdates rather than calendar years. 248 C. 543. Statute not unconstitutionally vague and does not violate defendant's
right to equal protection under the law. Id. 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 thirteen-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.

      Subdiv. (1) cited. 7 CA 46. Cited. 8 CA 190; Id., 313. Subdiv. (4) cited. 9 CA 426. Subdiv. (1) cited. 10 CA 591; 11
CA 236. Subdiv. (2) cited. 13 CA 493. Subdiv. (1) cited. 14 CA 244. Subdiv. (4) cited. Id. Cited. 15 CA 222. Subdiv. (1)
cited. 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. Cited. Id., 737. Subdiv. (1) cited. 23 CA 241; Id., 712; 24 CA 146; 25 CA 235. Subdiv.
(4) cited. Id. Subdiv. (1) cited. Id., 243; 26 CA 625; judgment reversed, see 224 C. 656; judgment reversed, see 31 CA
452; 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. Subdiv. (4) cited. Id., 731. Subdiv. (1) cited. 39 CA 742; 40 CA 132. Cited. 41 CA 139. Subdiv.
(1) cited. 43 CA 142. Subdiv. (2) cited. Id., 619. Subdiv. (4) cited. Id., 667. Subdiv. (1) cited. Id., 785. Subdiv. (2) cited.
45 CA 289. Subdiv. (1) cited. 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 thirteen and fifteen and a person who
is at least two 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.

      Subsec. (b):

      Cited. 207 C. 412. Defendant's sentence of ten years of imprisonment followed by ten 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 this subsec. and Sec. 53a-35a(6). 279 C. 527.