Conn. Gen. Stat. § 53a-72a

Current with legislation from the 2024 Regular and Special Sessions.

Section 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) subjects another person to sexual contact and such other person is mentally incapacitated or impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact, or (3) 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.

Conn. Gen. Stat. § 53a-72a

(P.A. 75-619, S. 5; P.A. 80-346, S. 1; P.A. 92-260, S. 33; P.A. 02-138, S. 8.)

Amended by P.A. 19-0093,S. 9 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.

Amended by P.A. 19-0016,S. 15 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.

Cited. 175 Conn. 315; 186 Conn. 45; 187 Conn. 216; 191 Conn. 604; 192 Conn. 154; 194 Conn. 258; 199 Conn. 121; 205 Conn. 352; Id., 386; 207 C. 403; 214 C. 89; 224 Conn. 656; 240 Conn. 743. Statute encompasses adopted relatives. 258 C. 779. Cited. 1 Conn.App. 724; 3 Conn.App. 374; 6 CA 15; 9 CA 631; judgment reversed, see 205 Conn. 352; Id., 648; 10 Conn.App. 591; 11 Conn.App. 102; 12 Conn.App. 585; 35 Conn.App. 173; 43 Conn.App. 715; 46 Conn.App. 741. Evidence was sufficient to support conviction and court properly instructed jury on element of intent for conviction of sexual assault in the third degree. 81 CA 189. Subsec. (a): Cited. 198 Conn. 147; 205 C. 27; 209 Conn. 416; 210 C. 244; 211 Conn. 18; 220 Conn. 400; 224 Conn. 397; 225 Conn. 519; 229 Conn. 580; Id., 557; 233 Conn. 502; 237 Conn. 284; Id., 576; Id., 694. Court's failure to define "knowledge" or to explain how it pertains to charge of sexual assault in the third degree did not violate defendant's due process rights where jury instructions, viewed as a whole, adequately informed jury of the elements of the crime. 258 Conn. 779. Subdiv. (2) does not violate equal protection clause of federal constitution because it applies equally to both opposite sex and same sex intercourse when individuals are related within certain degrees of kindred. 285 C. 528. Cited. 2 Conn.App. 333; 11 Conn.App. 236; 12 Conn.App. 221; 14 Conn.App. 244; 18 Conn.App. 273; Id., 694; 20 CA 530; 23 CA 221; Id., 564; judgment reversed in part, see 200 C. 400; 25 Conn.App. 653; judgment reversed, see 223 Conn. 52; Id., 725; 26 Conn.App. 395; 29 CA 724; 30 Conn.App. 281; 32 Conn.App. 217; judgment reversed, see 229 Conn. 580; 33 CA 743; judgment reversed, see 233 Conn. 502; 36 CA 228; 38 CA 100; Id., 762; 39 CA 657; Id., 742; 41 Conn.App. 139; Id., 287; 43 Conn.App. 578; 45 CA 756. Subdiv. (2) violates guarantees of equal protection because it proscribes heterosexual, but not homosexual, intercourse between kindred persons, and no rational basis exists for such distinction. 94 CA 667; judgment reversed, see 285 C. 498. Subdiv. (2): Jury instructions were proper as to essential element of sexual assault in the third degree when trial court directed jury to consider admission made by defendant that he was the stepfather of the victim. 110 CA 181. Subdiv. (2): Court could reasonably have found sufficient evidence to satisfy penetration element of sexual assault where both the child and defendant were wearing underwear. 148 Conn.App. 378.

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.