Criminal Jury Instructions Home

7.1-14 Aggravated Sexual Assault of a Minor -- § 53a-70c

New, June 13, 2008

Note: Public Acts 2007, 07-143, § 3, which created this offense, became effective July 1, 2007.

The defendant is charged [in count __] with aggravated sexual assault of a minor. The statute defining this offense reads in pertinent part as follows:

A person is guilty of aggravated sexual assault of a minor when such person commits <insert underlying crime:>

• § 53-21 (a) (2): risk of injury to a minor involving sexual contact,
• § 53a-70: sexual assault in the first degree,
• § 53a-70a: aggravated sexual assault in the first degree,
• § 53a-71: sexual assault in the second degree,
• § 53a-86: promoting prostitution in the first degree,
• § 53a-87: promoting prostitution in the second degree,
• § 53a-196a: employing a minor in an obscene performance,

and the object of that offense is under thirteen years of age, and <insert appropriate subsection:>

• § 53a-70c (a) (1): such person kidnapped or illegally restrained the other person.
• § 53a-70c (a) (2): such person stalked the other person.
• § 53a-70c (a) (3): such person used violence to commit such offense against the other person.
• § 53a-70c (a) (4): such person caused serious physical injury to or disfigurement of the other person.
• § 53a-70c (a) (5): there was more than one object of such offense under thirteen years of age.
• § 53a-70c (a) (6): such person was not known to the other person.
• § 53a-70c (a) (7): such person has previously been convicted of a violent sexual assault.

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

Element 1 - Underlying crime
The first element is that the defendant committed <insert underlying crime>. <Insert the elements from the instruction for the alleged underlying crime:>

• § 53-21 (a) (2): Risk of Injury to a Minor (Sexual Contract), Instruction 6.11-3.
• § 53a-71 (a) (1): Sexual Assault in the First Degree, Instruction 7.1-1.
• § 53a-71 (a) (2): Sexual Assault in the First Degree, Instruction 7.1-2.
• § 53a-71 (a) (3): Sexual Assault in the First Degree, Instruction 7.1-3.
• § 53a-71 (a) (4): Sexual Assault in the First Degree, Instruction 7.1-4.
• § 53a-70a: Aggravated Sexual Assault in the First Degree, Instruction 7.1-5.
• § 53a-71: Sexual Assault in the Second Degree, Instruction 7.1-7.
• § 53a-86 (a) (1): Promoting Prostitution in the First Degree, Instruction 7.3-4.
• § 53a-86 (a) (2) and § 53a-87 (a) (2): Promoting Prostitution in the First or Second Degree (By a Minor), Instruction 7.3-5.
• § 53a-87 (a) (1): Promoting Prostitution in the Second Degree, Instruction 7.3-6.
• § 53a-196a: Employing a Minor in an Obscene Performance, Instruction 7.7-1.

Element 2 - Against a person under thirteen years of age
The second element is that the offense was committed against a person under thirteen years of age. This means that the complainant had not reached (his/her) thirteenth birthday at the time of the offense.

Element 3 - Aggravating factor
The third element is that in the commission of the <insert underlying crime>, <insert as appropriate:>

• the defendant kidnapped or illegally restrained the minor. <See Section 6.5 Kidnapping and Unlawful Restraint.>
• the defendant stalked the minor. <See Stalking in the First Degree, Instruction 6.7-1, Stalking in the Second Degree, Instruction 6.7-2, and Stalking in the Third Degree, Instruction 6.7-3.>
• the defendant used violence to commit such offense against the minor.
• the defendant caused serious physical injury to or disfigurement of the minor.
• there was more than one minor assaulted under thirteen years of age.
• the defendant was not known to the minor.
• the defendant has previously been convicted of a violent sexual assault.

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for the underlying crime>, and that <insert aggravating factor>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of aggravated sexual assault of a minor, 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.

Commentary

Subsequent offenders
General Statutes § 53a-70c (b) provides for an enhanced sentence if the defendant has previously been convicted of one or more violations of § 53a-70c. Pursuant to Practice Book § 36-14, the prior conviction must be charged in a Part B information so that the jury is unaware of the prior conviction during the trial on the current charge. If a guilty verdict is returned, the jury must then be instructed on the second part of the information. See Subsequent Offenders, Instruction 2.12-2.