(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.
(P.A. 75-619, S. 5; P.A. 80-346, S. 1; P.A. 92-260, S. 33; P.A. 02-138, S. 8; P.A. 19-16, S. 15; 19-93, S. 9.)
History: P.A. 80-346 designated previous Subdivs. (1) and (2) as Subparas. (A) and (B) in Subdiv. (1) of Subsec. (a) and added Subdiv. (2) re incest; P.A. 92-260 made technical changes by amending Subsec. (a)(1)(B) to replace “which reasonably causes such person to fear physical injury to such person” with “which reasonably causes such other person to fear physical injury to himself or herself” and amending Subsec. (a)(2) to replace “such person” with “the actor” or “him or her” as appropriate; P.A. 02-138 amended Subsec. (b) to classify the offense as a class C felony if the victim is under 16 years of age; P.A. 19-16 amended Subsec. (a) by adding new Subdiv. (2) re person who is mentally incapacitated and redesignating existing Subdiv. (2) as Subdiv. (3); P.A. 19-93 amended Subsec. (a)(2) by adding “or impaired because of mental disability or disease”.
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.
Cited. 175 C. 315; 186 C. 45; 187 C. 216; 191 C. 604; 192 C. 154; 194 C. 258; 199 C. 121; 205 C. 352; Id., 386; 207 C. 403; 214 C. 89; 224 C. 656; 240 C. 743. Statute encompasses adopted relatives. 258 C. 779.
Cited. 1 CA 724; 3 CA 374; 6 CA 15; 9 CA 631; judgment reversed, see 205 C. 352; Id., 648; 10 CA 591; 11 CA 102; 12 CA 585; 35 CA 173; 43 CA 715; 46 CA 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 C. 147; 205 C. 27; 209 C. 416; 210 C. 244; 211 C. 18; 220 C. 400; 224 C. 397; 225 C. 519; 229 C. 580; Id., 557; 233 C. 502; 237 C. 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 C. 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 CA 333; 11 CA 236; 12 CA 221; 14 CA 244; 18 CA 273; Id., 694; 20 CA 530; 23 CA 221; Id., 564; judgment reversed in part, see 200 C. 400; 25 CA 653; judgment reversed, see 223 C. 52; Id., 725; 26 CA 395; 29 CA 724; 30 CA 281; 32 CA 217; judgment reversed, see 229 C. 580; 33 CA 743; judgment reversed, see 233 C. 502; 36 CA 228; 38 CA 100; Id., 762; 39 CA 657; Id., 742; 41 CA 139; Id., 287; 43 CA 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 CA 378.
Notes of Decisions
Cited in
203
cases (
16 in the last 5 years), 1977–2026 · leading case:
State v. John M..
State v. John M. (Conn. App. Ct. 2006).
· cites it 64× “We reverse the judgment of the trial court. The relevant facts are undisputed.”
State v. John F.M. (Conn. 2008).
· cites it 39× “, 2 of sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (2) 3 for engaging in sexual intercourse with his stepdaughter.”
State v. George B. (Conn. 2001).
· cites it 14× “, appeals from the judgment of conviction, rendered after a jury trial, on charges of sexual assault in the first degree in *781 violation of General Statutes § 53a-70 (a) (l) 1 and sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (2), 2 in…”
State v. Faraday (Conn. 2004).
· cites it 7× “The defendant, William Faraday, pleaded guilty under the Alford, 1 doctrine to the crimes of sexual assault in the third degree in violation of General Statutes § 53a-72a, 2 and risk of injury to a child in violation of General Statutes § 53-21.”
State v. Bletsch (Conn. 2007).
· cites it 8× “Thereafter, in the Danielson *11 case, he pleaded guilty, under the Alford doctrine, 7 to sexual assault in the third degree in violation of General Statutes § 53a-72a. 8 “At a sentencing hearing, the court heard testimony from the defendant’s family and friends, and received…”
State v. Snook (Conn. 1989).
· cites it 9× “The defendant, Rex Snook, was charged in a substitute information with one count of sexual assault in the second degree, in violation of General Statutes § 53a-71 (a) (4), 1 two counts of risk of injury to a minor, in violation of General Statutes § 53-21, 2 and one count of…”
State v. Salamon (Conn. 2008).
· cites it 4× “For example, under General Statutes § 53a-72a (a) (1) (A), a person is guilty of sexual assault in the third degree, generally a class D felony punishable by no more than five years imprisonment; see General Statutes § 53a-35a; when that person compels another person to submit…”
State v. Gagnon (Conn. App. Ct. 1989).
· cites it 14× “The defendant appeals from the judgment of conviction, 1 after a jury trial, of criminal impersonation in violation of General Statutes § 53a-130 2 and sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (1) (A). The defendant claims that the trial…”
State v. Lopez (Conn. 2004).
· cites it 7× “The defendant subsequently was arrested and charged with three counts each of sexual assault in the third degree in *728 violation of General Statutes § 53a-72a (a) (1) (A), 3 sexual assault in the third degree in violation of § 53a-72a (a) (1) (B), 4 and risk of injury to a…”
State v. Hufford (Conn. 1987).
· cites it 8× “The defendant was charged by substitute information with the crimes of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (3), 1 sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (l), 2 and sexual assault in the…”
Kerrigan v. Comm'r of Pub. Health (Conn. 2008).
· cites it 4× “The Appellate Court concluded that, because the civil union law does not prohibit a stepparent from entering into a civil union with a stepchild of the same sex; see General Statutes § 46b-38cc; the legislature could not have intended for § 53a-72a (a)(2) to prohibit sexual…”
State v. Lemoine (Conn. 1995).
· cites it 9× “The defendant, Kenneth Lemoine, appealed to the Appellate Court from judgments of conviction, rendered after a jury trial, of sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (1) (B), 1 risk of injury to a child in violation of General Statutes §…”
— Conn. Gen. Stat. § 53a-72a(a) — 3 cases
State v. John M. (Conn. App. Ct. 2006).
“We reverse the judgment of the trial court. The relevant facts are undisputed.”
— Conn. Gen. Stat. § 53a-72a(a)(1) — 4 cases
— Conn. Gen. Stat. § 53a-72a(a)(1)(A) — 7 cases
State v. Salamon (Conn. 2008).
“For example, under General Statutes § 53a-72a (a) (1) (A), a person is guilty of sexual assault in the third degree, generally a class D felony punishable by no more than five years imprisonment; see General Statutes § 53a-35a; when that person compels another person to submit…”
— Conn. Gen. Stat. § 53a-72a(a)(1)(B) — 1 case
— Conn. Gen. Stat. § 53a-72a(a)(1)(a) — 2 cases
— Conn. Gen. Stat. § 53a-72a(a)(2) — 2 cases
State v. John M. (Conn. App. Ct. 2006).
“We reverse the judgment of the trial court. The relevant facts are undisputed.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.