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7.1-11A Sexual Assault in the Fourth Degree -- § 53a-73a (a) (1)
Note: This instruction is accurate for crimes committed before October 1, 2007. P.A. No. 07-143, § 2, amended § 53a-73a (a) (1) (A) to require that the actor be 2 years older than the victim and the victim be under thirteen rather than fifteen, and added § 53a-73a (a) (1) (B), providing that the victim be thirteen or older but under fifteen years old and the actor more than 3 years older. Subsections (a) (1) (B) through (E) were changed to (a) (1) (C) through (F).
The defendant is charged [in count __] with sexual assault in the fourth degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of sexual assault in the fourth degree when such person intentionally <insert appropriate subsection:>
- § 53a-73a (a) (1) (A): subjects another person to sexual contact and such other person is under fifteen years of age.
- § 53a-73a (a) (1) (B): subjects another person to sexual contact and such other person is mentally defective or mentally incapacitated to the extent that such person is unable to consent to such sexual contact.
- § 53a-73a (a) (1) (C): subjects another person to sexual contact and such other person is physically helpless.
- § 53a-73a (a) (1) (D): subjects another person to sexual contact and 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.
- § 53a-73a (a) (1) (E): subjects another person to sexual contact and 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 person.
For you to find the defendant guilty of this charge, the state must first prove beyond a reasonable doubt the following elements:
Element 1 - Sexual contact
The first
element is that the defendant subjected the complainant to sexual contact. "Sexual
contact" means any contact by the defendant with the intimate parts of the
complainant or contact of the intimate parts of the defendant with the
complainant. "Intimate
parts" means the genital area or any substance emitted therefrom,
groin, anus or any substance emitted therefrom, inner thighs, buttocks or
breasts. To constitute sexual contact there must be an actual touching. There
need not be, however, direct contact with the unclothed body of the other person
or the defendant. It is enough if the touching of the genital area, groin, anus,
inner thighs, buttocks or breast was through the other person's clothing or the
defendant's clothing.
Element 2 - Intent
The second
element is that the defendant had the specific intent to (obtain sexual
gratification / degrade or humiliate the complainant).1
A person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>
Element 3 - Additional factor
The third element is that, at the time of the offense, <insert as
appropriate and tailor to the facts of the case:>
- § 53a-73a (a) (1) (A): the complainant was under fifteen years of age.
- § 53a-73a (a) (1) (B): the complainant was mentally defective or mentally incapacitated to the extent that (he/she) was unable to consent to such sexual intercourse. "Mentally defective" means that a person suffers from a mental disease or defect that renders such person incapable of appraising the nature of such person's conduct. The person's condition must not have been a temporary condition, but a standing disease or defect of mind. It is sufficient if the condition made (him/her) unable to understand the defendant's conduct. "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling such person's conduct owing to the influence of a drug or intoxicating substance administered to such person without such person's consent, or owing to any other act committed upon such person without such person's consent.
- § 53a-73a (a) (1) (C): the complainant was physically helpless. "Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. That is, the complainant was unable by reason of (his/her) physical condition to do anything and was, therefore, incapable of consenting. The helplessness referred to is separate and apart from any mental condition.
- § 53a-73a (a) (1) (D): the complainant was less than eighteen years old at the time this offense was committed, and the defendant was (the complainant's guardian / responsible for the general supervision of the complainant 's welfare).
- § 53a-73a (a) (1) (E): the complainant was in custody of law or detained in a hospital or other institution and the defendant had supervisory or disciplinary authority over (him/her).
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant intentionally subjected the complainant to sexual contact, 2) (he/she) specifically intended to (obtain sexual gratification / degrade or humiliate the complainant), and 3) <insert additional factor>.
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 fourth 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 The intent element of this offense is derived from the definition of "sexual contact" in General Statutes § 53a-65 (3). See State v. Faria, 254 Conn. 613, 636 n.24 (2000).
Commentary
Sentence Enhancer
Section
53a-73a (b) provides an enhanced penalty if the victim is under 16 years of
age. The jury must find this fact proved beyond a reasonable doubt. See
Sentence Enhancers, Instruction 2.11-4.