Criminal Jury Instructions Home

7.1-3  Sexual Assault in the First Degree -- § 53a-70 (a) (3)

Revised to December 1, 2007 (modified June 13, 2008)

The defendant is charged [in count __] with sexual assault in the first degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of sexual assault in the first degree when such person commits sexual assault in the second degree and in the commission of such offense is aided by two or more other persons actually present.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Committed sexual assault in the second degree
The first element is that the defendant committed sexual assault in the second degree.  <Insert the elements from Sexual Assault in the Second Degree, Instruction 7.1-7.>

Element 2 - Aided by two or more other persons
The second element is that in the commission of sexual assault in the second degree, the defendant was aided by two or more other persons who were actually present at the commission of the offense.¹  This means that two or more other persons must have been present and actively assisting in the assault.  Mere presence of inactive companions, or mere acquiescence or some innocent act that in fact aids the perpetrator of the assault does not constitute aid within the meaning of the statute.

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for sexual assault in the second degree>, and that (he/she) was aided by two or more persons who were actually present.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of sexual assault in the first degree, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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¹ "Actually present" does not require physical presence in the room or place where the assault occurs.  State v. Jackson, 75 Conn. App. 578, 585-87 (2003).

Commentary

Sentence Enhancer
Section 53a-70 (b) provides an enhanced penalty if the victim is under 10 years of age. The jury must find this fact proved beyond a reasonable doubt.  See Sentence Enhancers, Instruction 2.11-4.