(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.
Notes of Decisions
Cited in
9
cases (
3 in the last 5 years), 2015–2025 · leading case:
State v. Burgos, 155 A.3d 246 (Conn. App. Ct. 2017).
State v. Burgos, 155 A.3d 246 (Conn. App. Ct. 2017).
· cites it 29× “In particular, the burden is on the state to present evidence of clear legislative intent to specifically authorize cumulative punishments for a conviction under § 53a-70c and the underlying predicate offense(s).”
State v. Bumgarner-Ramos, 203 A.3d 619 (Conn. App. Ct. 2019).
· cites it 10× “Bumgarner-Ramos, appeals from the judgment of conviction, rendered after a court trial, of assault in the first degree in violation of General Statutes § 53a-59 (a) (3), aggravated sexual assault of a minor in violation of General Statutes §§ 53a-70c (a) (3) and 53a-70 (a) (2),…”
State v. Juan A. G.-P., 346 Conn. 132 (Conn. 2023).
· cites it 5× “, was convicted of two counts of aggravated sexual assault of a minor in violation of General Statutes § 53a-70c (a) (5) and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (1).”
State v. Ezequiel R., 194 A.3d 873 (Conn. App. Ct. 2018).
· cites it 2× “, appeals from the judgment of conviction, rendered following a jury trial, of one count of aggravated sexual assault of a minor in violation of General Statutes § 53a-70c (a) (1), one count of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2),…”
State v. Wright (Conn. 2015).
· cites it 38× “The defendant, Brian Wright, appeals from the judgment of conviction, rendered following a jury trial, of two counts of aggravated sexual assault of a minor in violation of General Statutes § 53a-70c (a) (1) and (6),1 and one count each of risk of injury to a child in violation…”
State v. Giovanni D., 353 Conn. 742 (Conn. 2025).
· cites it 4× “The state charged the defendant with two counts each of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2) and risk of injury to a child in violation of General Statutes § 53-21 (a) (2), and with one count of aggravated sexual assault of a minor…”
State v. King (Conn. 2016).
· cites it 2× “3d 147 (2015) (state may obtain multiple convictions for aggravated sexual assault of minor for single act that violates General Statutes § 53a-70c [a] [1] and [6] without committing double jeopardy violation).”
Burgos v. Comm'r of Corr., 229 Conn. App. 818 (Conn. App. Ct. 2024).
· cites it 2× “court noted in its memorandum of decision, the petitioner ‘‘was convicted by a jury in the judicial district of Hartford of one count of sexual assault in the first degree in violation of General Statutes § 53a- 70 (a) (2), one count of risk of injury to a child in violation of…”
State v. Santiago (Conn. 2015).
“ally pro- vides otherwise, the term shall be fixed by the court as follows: ‘‘(1) For the class A felony of murder with special circumstances a term of life imprisonment without the possibility of release; ‘‘(2) For the class A felony of murder, a term not less than twenty-five…”
— Conn. Gen. Stat. § 53a-70c(a) — 1 case
State v. Burgos, 155 A.3d 246 (Conn. App. Ct. 2017).
“In particular, the burden is on the state to present evidence of clear legislative intent to specifically authorize cumulative punishments for a conviction under § 53a-70c and the underlying predicate offense(s).”
— Conn. Gen. Stat. § 53a-70c(a)(1) — 1 case
State v. Burgos, 155 A.3d 246 (Conn. App. Ct. 2017).
“In particular, the burden is on the state to present evidence of clear legislative intent to specifically authorize cumulative punishments for a conviction under § 53a-70c and the underlying predicate offense(s).”
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