2022 Connecticut General Statutes
Title 53a - Penal Code
Chapter 952 - Penal Code: Offenses
Section 53a-70c. - Aggravated sexual assault of a minor: Class A felony.
(a) A person is guilty of aggravated sexual assault of a minor when such person commits a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-71, 53a-86, 53a-87 or 53a-196a and the victim of such offense is under thirteen years of age, and (1) such person kidnapped or illegally restrained the victim, (2) such person stalked the victim, (3) such person used violence to commit such offense against the victim, (4) such person caused serious physical injury to or disfigurement of the victim, (5) there was more than one victim of such offense under thirteen years of age, (6) such person was not known to the victim, or (7) such person has previously been convicted of a violent sexual assault.
(b) Aggravated sexual assault of a minor is a class A felony and any person found guilty under this section shall, for a first offense, be sentenced to a term of imprisonment, twenty-five years of which may not be suspended or reduced by the court and, for any subsequent offense, be sentenced to a term of imprisonment of fifty years which may not be suspended or reduced by the court.
(P.A. 07-143, S. 3; P.A. 17-216, S. 2.)
History: P.A. 07-143 effective July 13, 2007; P.A. 17-216 amended Subsec. (b) by replacing “imprisonment of twenty-five years which” with “imprisonment, twenty-five years of which”.
For purposes of double jeopardy, Secs. 53-21(a)(2) and 53a-70(a)(2) are essential elements of this section when they are charged as predicate offenses, therefore, the harms targeted by those sections necessarily coexist in every prosecution under this section in which those sections are alleged as predicate offenses; it is not clear from legislative history that legislature intended to specifically authorize cumulative convictions and sentences under this section and Secs. 53-21(a)(2) and 53a-70(a)(2). 170 CA 501.
Subsec. (a):
Subdivs. (1) and (6) constitute separately punishable offenses pursuant to test set forth in 284 U.S. 299; because Subdivs. (1) and (6) each require proof of a fact that the other does not, and because nothing in either the statutory text or legislative history of section reveals a contrary legislative intent, multiple convictions under section for the same transaction do not violate the double jeopardy clause. 319 C. 684.
