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Criminal Jury Instructions  

Criminal Jury Instructions

 

SEXUAL CONTACT

"Sexual contact" means any contact with the intimate parts of a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person or any contact of the intimate parts of the actor with a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person. 

Source:  General Statutes § 53a-65 (3) (applies to Part VI:  Sex Offenses, §§ 53a-67 -- 53a-90a).

Commentary:  "To have 'sexual contact' as defined by the statute it is irrelevant whether the respondent's contact with the victim was through clothing or with bare skin."  In re Mark. R., 59 Conn. App. 538, 542 (2000); State v. Eric T., 8 Conn. App. 607, 613 (1986).

The common-law marital exemption as a defense to compelled sexual intercourse was applied to sexual contact in State v. Huey, 1 Conn. App. 724, 730-32 (1984), aff'd on other grounds, 199 Conn. 121 (1986), but the Appellate Court in State v. Scott, 11 Conn. App. 102, 118 n.6, cert. denied, 204 Conn. 811 (1987), doubted the propriety of that assumption.

On the application of this definition to § 53-21, Risk of Injury to Minors, see discussion of State v. James G., 268 Conn. 382, 412-16 (2004) in Introduction to Risk of Injury to a Minor. 

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