(a) A person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree as provided in section
53a-72a, and in the commission of such offense, such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Sexual assault in the third degree with a firearm is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of ten years.
(P.A. 75-619, S. 10; June Sp. Sess. P.A. 99-2, S. 51; P.A. 02-138, S. 9.)
History: June Sp. Sess. P.A. 99-2 amended Subsec. (b) to increase the penalty from a class D to a class C felony, increase from 1 year to 2 years the nonsuspendable portion of the sentence and add requirement that any person found guilty be sentenced to a term of imprisonment and a period of special parole pursuant to Sec. 53a-28(b) which together constitute a sentence of 10 years and made provisions of section gender neutral; P.A. 02-138 amended Subsec. (b) to classify the offense as a class B felony if the victim is under 16 years of age.
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; 192 C. 154; 207 C. 412; 216 C. 282; 240 C. 743.
Cited. 3 CA 374; 35 CA 173; 43 CA 715.
Notes of Decisions
Cited in
9
cases, 1983–2017 · leading case:
State v. Blango, 927 A.2d 964 (Conn. App. Ct. 2007).
State v. Blango, 927 A.2d 964 (Conn. App. Ct. 2007).
· cites it 4× “defendant, Emmanuel Blango, appeals from the judgment of conviction, rendered after *103 a jury trial, of aggravated sexual assault in the first degree in violation of General Statutes § 53a-70a (a) (l), 1 kidnapping in the second degree with a firearm in violation of General…”
State v. Kirsch, 820 A.2d 236 (Conn. 2003).
· cites it 2× “he first degree and manslaughter in the first degree with a firearm upon the same transaction”); General Statutes § 53a-59a (b) (“[n]o person shall be found guilty of assault in the first degree and assault of an elderly, *419 blind, disabled, pregnant or mentally retarded…”
State v. Burgos, 155 A.3d 246 (Conn. App. Ct. 2017).
· cites it 2× “" General Statutes § 53a-72b(a) states in relevant part: "No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon…”
State v. Tabone, 973 A.2d 74 (Conn. 2009).
· cites it 2× “to 1999) § 53a-72b, which, at the time, carried a maximum period of incarceration of five years.”
State v. Vass, 469 A.2d 767 (Conn. 1983).
· cites it 2× ““If the Court charges the jury with regard to the crime of Sexual Assault in the First Degree, § 53a-70 of the General Statutes, the defendant further requests that the court charge the jury as to the crime of Sexual Assault in the Third Degree in accordance with General…”
State v. Perez, 828 A.2d 626 (Conn. App. Ct. 2003).
· cites it 2× “d guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction’); General Statutes § 53a-59a (b) (‘[n]o person shall be found guilty of assault in the first degree and assault of an elderly, blind, disabled, pregnant or…”
State v. Matos, 694 A.2d 775 (Conn. 1997).
· cites it 2× “youths charged with a class A felony or a violation of subdivision (2) of General Statutes § 53-21 (injury or risk of injury to, or impairing morals of, children), General Statutes § 53a-70 (sexual assault in first degree), General Statutes § 53a-70a (aggravated sexual assault…”
Plourde v. Liburdi, 540 A.2d 1054 (Conn. 1988).
“…§ 53a-70a sexual assault in the first degree with a deadly weapon; § 53a-71 (b), sexual assault in the second degree; § 53a-72b (b), Sexual assault in the third degree with a firearm; § 53a-92a (b), kidnapping in the first degree with a firearm; § 53a-94a (b), kidnapping in…”
— Conn. Gen. Stat. § 53a-72b(a) — 1 case
State v. Burgos, 155 A.3d 246 (Conn. App. Ct. 2017).
“" General Statutes § 53a-72b(a) states in relevant part: "No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon…”
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