The information provided is not for commercial use it is
intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
(a) Any person who (1) wilfully or unlawfully causes
or permits any child under the age of sixteen years to be placed in such a
situation that the life or limb of such child is endangered, the health of such
child is likely to be injured or the morals of such child are likely to be
impaired, or does any act likely to impair the health or morals of any such
child, or (2) has contact with the intimate parts, as defined in section
53a-65, of a child under the age of sixteen years or subjects a child under
sixteen years of age to contact with the intimate parts of such person, in a sexual
and indecent manner likely to impair the health or morals of such child, or (3)
permanently transfers the legal or physical custody of a child under the age of
sixteen years to another person for money or other valuable consideration or
acquires or receives the legal or physical custody of a child under the age of
sixteen years from another person upon payment of money or other valuable
consideration to such other person or a third person, except in connection with
an adoption proceeding that complies with the provisions of chapter 803, shall
be guilty of a class C felony for a violation of subdivision (1) or (3) of this
subsection and a class B felony for a violation of subdivision (2) of this
subsection.
(b) The act of a parent or agent leaving an infant
thirty days or younger with a designated employee pursuant to section 17a-58
shall not constitute a violation of this section.
(a) A person is guilty of sexual assault
in the first degree when such person (1) compels another person to engage in
sexual intercourse by the use of force against such other person or a third
person, or by the threat of use of force against such other person or against a
third person which reasonably causes such person to fear physical injury to
such person or a third person, or (2) engages in sexual intercourse with
another person and such other person is under thirteen years of age and the
actor is more than two years older than such person, or (3) commits sexual
assault in the second degree as provided in section 53a-71 and in the
commission of such offense is aided by two or more other persons actually
present, or (4) engages in sexual intercourse with another person and such
other person is mentally incapacitated to the extent that such other person is
unable to consent to such sexual intercourse.
(b) (1) Except as provided in subdivision (2) of this subsection, sexual
assault in the first degree is a class B felony for which two years of the
sentence imposed may not be suspended or reduced by the court or, if the victim
of the offense is under ten years of age, for which ten years of the sentence
imposed may not be suspended or reduced by the court.
(2) Sexual assault in the first degree is a class A felony if the offense is a
violation of subdivision (1) of subsection (a) of this section and the victim
of the offense is under sixteen years of age or the offense is a violation of
subdivision (2) of subsection (a) of this section. Any person found guilty
under said subdivision (1) or (2) 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 if the victim is under ten years of age or of which five years of the
sentence imposed may not be suspended or reduced by the court if the victim is
under sixteen years of age.
(3) Any person found guilty under this section shall be sentenced to a term of
imprisonment and a period of special parole pursuant to subsection (b) of
section 53a-28 which together constitute a sentence of at least ten years.
(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)
Aggravated sexual assault in the first degree is a class B felony or, if the
victim of the offense is under sixteen years of age, a class A felony. Any
person found guilty under this section shall be sentenced to a term of imprisonment
of which five 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. Any person found
guilty under this section shall be sentenced to a period of special parole
pursuant to subsection (b) of section 53a-28 of at least five years.
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 two years older than such 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.
Sec. 53a-72a. Sexual assault in the third degree: Class D or C
felony.
(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) 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.
Sec. 53a-72b. Sexual assault in the third degree with a firearm:
Class C or B felony.
(a) A person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree as provided in section 53a-72a, and in the commission of such offense, 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 pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Sexual assault in the third degree with a firearm 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 two years of the sentence imposed may not be suspended or
reduced by the court and a period of special parole pursuant to subsection (b)
of section 53a-28 which together constitute a sentence of ten years.
Sec. 53a-73a. Sexual assault in the fourth degree: Class A
misdemeanor or class D felony.
(a) A person is
guilty of sexual assault in the fourth degree when: (1) Such person
intentionally subjects another person to sexual contact who is (A) under
fifteen years of age, or (B) mentally defective or mentally incapacitated to
the extent that such other person is unable to consent to such sexual contact,
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 an animal or dead 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.
(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.
Sec. 53a-90a. Enticing a minor. Penalties.
(a) A person is guilty of enticing a minor when such person uses an interactive computer service to knowingly persuade, induce, entice or coerce any person under sixteen years of age to engage in prostitution or sexual activity for which the actor may be charged with a criminal offense. For purposes of this section, "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
(b) Enticing a minor is a class D felony for a first offense, a class C felony
for a second offense and a class B felony for any subsequent offense.
Sec. 53a-191. Incest: Class D felony.
(a) A person is guilty of incest when he marries a person
whom he knows to be related to him within any of the degrees of kindred
specified in section 46b-21.
(b) Incest is a class D felony.
Sec. 53a-192. Coercion: Class A misdemeanor or class D felony.
(a) A person is guilty of coercion when
he compels or induces another person to engage in conduct which such other
person has a legal right to abstain from engaging in, or to abstain from
engaging in conduct in which such other person has a legal right to engage, by
means of instilling in such other person a fear that, if the demand is not
complied with, the actor or another will: (1) Commit any criminal offense; or
(2) accuse any person of a criminal offense; or (3) expose any secret tending
to subject any person to hatred, contempt or ridicule, or to impair any
person's credit or business repute; or (4) take or withhold action as an
official, or cause an official to take or withhold action.
(b) It shall be an
affirmative defense to prosecution based on subdivision (2), (3) or (4) of
subsection (a) of this section that the actor believed the accusation or secret
to be true or the proposed official action justified and that his purpose was
limited to compelling the other person to behave in a way reasonably related to
the circumstances which were the subject of the accusation, exposure or
proposed official action, as by desisting from further misbehavior or making
good a wrong done.
(c) Coercion is a class A misdemeanor except, if the threat is to commit a
felony, coercion is a class D felony.
Sec. 53a-196. Obscenity as to minors: Class D felony.
(a) A person is guilty of obscenity as to minors
when he knowingly promotes to a minor, for monetary consideration, any material
or performance which is obscene as to minors.
(b) For purposes of
this section, "knowingly" means having general knowledge of or reason
to know or a belief or ground for belief which warrants further inspection or
inquiry as to (1) the character and content of any material or performance
which is reasonably susceptible of examination by such person and (2) the age
of the minor.
(c) In any prosecution for obscenity as to minors, it shall be an affirmative
defense that the defendant made (1) a reasonable mistake as to age, and (2) a
reasonable bona fide attempt to ascertain the true age of such minor, by
examining a draft card, driver's license, birth certificate or other official
or apparently official document, exhibited by such minor, purporting to
establish that such minor was seventeen years of age or older.
(d) Obscenity as to minors is a class D felony.
Sec. 53a-196a.
Employing a minor in an obscene performance: Class A felony.
(a) A person is guilty of employing a minor in an
obscene performance when (1) he employs any minor, whether or not such minor
receives any consideration, for the purpose of promoting any material or
performance which is obscene as to minors, notwithstanding that such material
or performance is intended for an adult audience, or (2) he permits any such
minor to be employed, whether or not such minor receives any consideration, in
the promotion of any material or performance which is obscene as to minors,
notwithstanding that such material or performance is intended for an adult
audience, and he is the parent or guardian of such minor or otherwise
responsible for the general supervision of such minor's welfare.
(b) Employing a minor in an obscene performance is a class A felony
(a) There shall be no limitation of time within which a person may be
prosecuted for a capital felony, a class A felony or a violation of section
53a-54d or 53a-169.
(b) No person may be prosecuted for any offense, except a capital
felony, a class A felony or a violation of section 53a-54d
or 53a-169, for which the punishment is or may be imprisonment in excess of one
year, except within five years next after the offense has been committed. No
person may be prosecuted for any other offense, except a capital felony, a
class A felony or a violation of section 53a-54d or 53a-169, except within one
year next after the offense has been committed.
(c) If the person against whom an indictment,
information or complaint for any of said offenses is brought has fled from and
resided out of this state during the period so limited, it may be brought
against such person at any time within such period, during which such person
resides in this state, after the commission of the offense.
(d) When any suit, indictment, information or complaint for any crime
may be brought within any other time than is limited by this section, it shall
be brought within such time.
Notwithstanding the provisions of section 54-193, no
person may be prosecuted for any offense, except a class A felony, involving
sexual abuse, sexual exploitation or sexual assault of a minor except within
thirty years from the date the victim attains the age of majority or within
five years from the date the victim notifies any police officer or state's
attorney acting in such police officer's or state's attorney's official
capacity of the commission of the offense, whichever is earlier, provided if
the prosecution is for a violation of subdivision (1) of subsection (a) of
section 53a-71, the victim notified such police officer or state's attorney not
later than five years after the commission of the offense.
Sec.
54-193b. Limitation of prosecution for sexual assault offenses when DNA
evidence available.
Notwithstanding the provisions of
sections 54-193 and 54-193a, a person may be prosecuted for a violation of
section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b not later than
twenty years from the date of the commission of the offense, provided (1) the
victim notified any police officer or state's attorney acting in such police
officer's or state's attorney's official capacity of the commission of the
offense not later than five years after the commission of the offense, and (2)
the identity of the person who allegedly committed the offense has been
established through a DNA (deoxyribonucleic acid) profile comparison using
evidence collected at the time of the commission of the offense.
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Revised 06/06