Section 53a-70a - Aggravated sexual assault in the first degree: Class B or A felony(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)(1) Except as provided in subdivision (2) of this subsection, aggravated sexual assault in the first degree is a class B felony. Any person found guilty under this section of a class B felony shall be sentenced to a term of imprisonment of at least ten years, five years of which may not be suspended or reduced by the court.(2) Aggravated sexual assault in the first degree is a class A felony if the victim of the offense is under sixteen years of age. Any person found guilty under this section of a class A felony 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, 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. Notwithstanding the provisions of subsection (a) of section 53a-29 and except as otherwise provided in this subsection, a court may suspend a portion of a sentence imposed under this subdivision and impose a period of probation pursuant to subsection (f) of section 53a-29, or may impose a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28.Conn. Gen. Stat. § 53a-70a
(P.A. 75-619, S. 9; P.A. 80-442, S. 20, 28; P.A. 87-246; P.A. 92-87, S. 2; June Sp. Sess. P.A. 99-2, S. 50; P.A. 02-138, S. 6; P.A. 15-211, S. 17.)
Amended by P.A. 15-0211, S. 17 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015. Cited. 175 Conn. 315; 188 C. 697; 192 Conn. 154; 204 Conn. 240; 207 Conn. 412; 210 Conn. 110; Id., 315; 211 Conn. 672. Judgment of Appellate Court in 19 Conn.App. 111 reversed. 215 Conn. 538. Cited. 240 Conn. 743. Cited. 3 Conn.App. 374; 11 Conn.App. 102; 12 Conn.App. 179; 19 Conn.App. 111; judgment reversed, see 215 Conn. 538; 35 Conn.App. 173; 36 Conn.App. 805; 43 Conn.App. 715. Cited. 43 CS 211. Subsec. (a): Cited. 206 Conn. 40; 216 Conn. 282; 235 Conn. 502. 5-week-old fetus constitutes a part of the mother's body and, therefore, is a "member" of her body for purposes of Subdiv. (2). 263 C. 524. Cited. 25 CA 725. For purposes of the offense described in Subdiv. (4), it is victim's objective and subjective awareness, and not perpetrator's physical proximity, that controls the factual determination as to whether perpetrator is "actually present". 75 CA 578. Subsec. (b): Nothing in June Sp. Sess. P.A. 99-2 suggests that special parole with 20-year maximum sentence provision applied retroactively. 153 CA 639.
See chapter 968a re address confidentiality program. 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.