(a) A person is guilty of assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree when such person commits assault in the third degree under section
53a-61 and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section
1-1f, or is pregnant, or (2) the victim of such assault is a person with intellectual disability, as defined in section
1-1g, and the actor is not a person with intellectual disability.
(b) No person shall be found guilty of assault in the third degree and assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.
(c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with intellectual disability, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with intellectual disability.
(d) Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree is a class A misdemeanor and any person found guilty under this section shall be sentenced to a term of imprisonment of one year which shall not be suspended or reduced.
(P.A. 77-422, S. 4; P.A. 92-260, S. 31; P.A. 99-122, S. 4; 99-186, S. 17; P.A. 11-129, S. 14.)
History: P.A. 92-260 amended Subsec. (c) by adding provision re one-year mandatory nonsuspendable sentence to reflect preexisting sentencing requirement of Sec. 53a-36(1); P.A. 99-122 changed the name of the offense from “assault of a victim sixty or older in the third degree” to “assault of an elderly, blind, disabled or mentally retarded person in the third degree”, where appearing, added Subsec. (a)(2) to include within the offense an assault where the victim is a person with mental retardation and the actor is not a person with mental retardation, and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being a person with mental retardation that the actor did not know the victim was a person with mental retardation, relettering former Subsec. (c) as Subsec. (d); P.A. 99-186 changed the name of the offense from “assault of a victim sixty or older in the third degree” to “assault of an elderly, blind, disabled or pregnant person in the third degree” where appearing, amended Subsec. (a) to include within the offense an assault where the victim is pregnant and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being pregnant that the actor did not know the victim was pregnant, relettering former Subsec. (c) as Subsec. (d); (Revisor's note: In 2005, the Revisors recodified Subsec. (c) to reflect the separate affirmative defenses established by P.A. 99-122 and P.A. 99-186); P.A. 11-129 substituted “person with intellectual disability” for “mentally retarded person” and “person with mental retardation” and made conforming changes.
See Sec. 53a-36 re mandatory nonsuspendable sentence.
See Secs. 53a-321 to 53a-323, inclusive, re abuse of elderly, blind or disabled person or person with intellectual disability.
Court, in sentencing defendant convicted under section, must impose a 1-year mandatory nonsuspendable term of imprisonment and does not have option of imposing a fine or a sentence of unconditional discharge. 180 C. 557. Cited. 216 C. 282.
Cited. 5 CA 590; 12 CA 239; 13 CA 420; 16 CA 318; 21 CA 248; 29 CA 524; 31 CA 312; 32 CA 178.
Secs. 53a-61b to 53a-61z. Reserved for future use.
Notes of Decisions
Cited in
43
cases (
2 in the last 5 years), 1980–2024 · leading case:
State v. Calabrese, 975 A.2d 126 (Conn. App. Ct. 2009).
State v. Calabrese, 975 A.2d 126 (Conn. App. Ct. 2009).
· cites it 18× “The defendant appeals from the judgment of conviction, rendered after ajuiy found him guilty of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a *114 (a) (l), 1 burglary in the second degree in violation of General Statutes (Rev.”
State v. Edwards, 156 A.3d 506 (Conn. 2017).
· cites it 3× “, appeals from the judgment of the trial court convicting him of home invasion in violation of General Statutes § 53a-100aa(a)(2), robbery in the first degree in violation of General Statutes § 53a-134(a)(2), larceny in the second degree in violation of General Statutes §…”
State v. Campbell, 429 A.2d 960 (Conn. 1980).
· cites it 6× “77-422 §4 (now General Statutes §53a-61a), the defendant was found guilty and sentenced to a term of imprisonment of one year.”
State v. Kirk R., 857 A.2d 908 (Conn. 2004).
· cites it 4× “, General Statutes § 53a-59a (five years not suspendable for assault in first degree); General Statutes § 53a-60b (two years not suspendable for assault in second degree); General Statutes § 53a-60c (three years not suspendable for assault in second degree with firearm); General…”
State v. Brown, 75 A.3d 713 (Conn. App. Ct. 2013).
· cites it 6× “The defendant, Jonathan Brown, appeals from the judgment of conviction, rendered by the trial *176 court, of assault in the third degree of an elderly person in violation of General Statutes § 53a-61a and the judgment finding him in violation of his probation in violation of…”
State v. Erickson, 997 A.2d 480 (Conn. 2010).
· cites it 4× “The defendant, Earl Martin Erickson, appeals from the judgment of conviction, 1 rendered after a jury trial, of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a (a) and assault of public safety personnel in violation of General Statutes…”
State v. Norman P., 151 A.3d 877 (Conn. App. Ct. 2016).
· cites it 3× “, appeals from the judgment of conviction, rendered after a jury trial, of three counts of sexual assault in a spousal relationship in violation of General Statutes § 53a-70b, one count of assault of an elderly person in the second degree in violation of General Statutes §…”
State v. Lahai, 18 A.3d 630 (Conn. App. Ct. 2011).
· cites it 4× “The state also introduced into evidence five exhibits, including certified copies of the defendant’s December 18, 2002 convictions for criminal violation of a protective order in violation of General Statutes § 53a-110b and assault of a pregnant person in the third degree in…”
State v. Towns, 968 A.2d 975 (Conn. App. Ct. 2009).
· cites it 5× “The defendant, Marquette Towns, appeals from the judgment of conviction, rendered after a jury trial, of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a (a) (1), attempt to commit larceny in the second degree in violation of General…”
State v. Bell, 537 A.2d 496 (Conn. App. Ct. 1988).
· cites it 4× “The defendant appeals from the judgment of conviction, after a jury trial, of robbery in the third degree in violation of General Statutes § 53a-136d and assault of a victim sixty years or older in the third degree in violation of General Statutes § 53a-61a. 1 2 The *422…”
Bowden v. Comm'r of Corr., 888 A.2d 1131 (Conn. App. Ct. 2006).
· cites it 2× “1 Under that docket number, the petitioner was charged with two counts of robbery in the third degree in violation of General Statutes § 53a-136 (a), two counts of larceny in the second degree in violation of General Statutes § 53a-123 (a) (3), assault in the second degree of a…”
State v. Fields, 624 A.2d 1165 (Conn. App. Ct. 1993).
· cites it 3× “” General Statutes § 53a-61a (a) provides: “A person is guilty of assault of a victim sixty or older in the third degree when he commits assault in the third degree under section 53a-61 and the victim of such assault has attained at least sixty years of age or is blind or…”
— Conn. Gen. Stat. § 53a-61a(a) — 3 cases
State v. Erickson, 997 A.2d 480 (Conn. 2010).
“The defendant, Earl Martin Erickson, appeals from the judgment of conviction, 1 rendered after a jury trial, of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a (a) and assault of public safety personnel in violation of General Statutes…”
State v. Calabrese, 975 A.2d 126 (Conn. App. Ct. 2009).
“The defendant appeals from the judgment of conviction, rendered after ajuiy found him guilty of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a *114 (a) (l), 1 burglary in the second degree in violation of General Statutes (Rev.”
— Conn. Gen. Stat. § 53a-61a(a)(1) — 2 cases
State v. Edwards, 156 A.3d 506 (Conn. 2017).
“, appeals from the judgment of the trial court convicting him of home invasion in violation of General Statutes § 53a-100aa(a)(2), robbery in the first degree in violation of General Statutes § 53a-134(a)(2), larceny in the second degree in violation of General Statutes §…”
State v. Calabrese, 975 A.2d 126 (Conn. App. Ct. 2009).
“The defendant appeals from the judgment of conviction, rendered after ajuiy found him guilty of assault of an elderly person in the third degree in violation of General Statutes § 53a-61a *114 (a) (l), 1 burglary in the second degree in violation of General Statutes (Rev.”
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