(a) A person commits the crime of aggravated sexual assault if the person commits sexual
assault under any one of the following circumstances:
(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim
or to another.
(2) The actor is joined or assisted by one or more persons in physically restraining,
assaulting, or sexually assaulting the victim.
(3) The actor commits the sexual act under circumstances which constitute the crime of
kidnapping.
(4) The actor has previously been convicted in this State of sexual assault under subsection
3252(a) or (b) of this title or aggravated sexual assault or has been convicted in
any jurisdiction in the United States or territories of an offense which would constitute
sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual
assault if committed in this State.
(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses
or threatens to use the deadly weapon on the victim or on another.
(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily
injury to the victim or to another and the victim reasonably believes that the actor
has the present ability to carry out the threat.
(7) At the time of the sexual assault, the actor applies deadly force to the victim.
(8) The victim is under the age of 13 and the actor is at least 18 years of age.
(9) The victim is subjected by the actor to repeated nonconsensual sexual acts as part
of the same occurrence or the victim is subjected to repeated nonconsensual sexual
acts as part of the actor’s common scheme and plan.
(b) A person who commits the crime of aggravated sexual assault shall be imprisoned not
less than ten years and a maximum term of life, and, in addition, may be fined not
more than $50,000.00.
(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant
to subsection (b) of this section shall include at least a ten-year term of imprisonment.
The ten-year term of imprisonment required by this subdivision shall be served and
may not be suspended, deferred, or served as a supervised sentence. The defendant
shall not be eligible for probation, parole, furlough, or any other type of early
release until the expiration of the five-year or ten-year term of imprisonment.
(2) The court may depart downwardly from the ten-year term of imprisonment required by
subsection (b) of this section and impose a lesser term of incarceration if the court
makes written findings on the record that the downward departure will serve the interests
of justice and public safety, provided that in no event may the court impose a term
of incarceration of less than five years.
(d) A person convicted of violating this section shall be sentenced under section 3271 of this title. (Added 1977, No. 51, § 1; amended 1989, No. 293 (Adj. Sess.), § 6; 2005, No. 79, § 10; 2005, No. 192 (Adj. Sess.), § 10.)
State v. Michael Rondeau, 2016 VT 117 (Vt. 2016). · cites it 21דCount One of the information alleged that defendant committed aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(8) at some time between October 1989 and October 11, 1997, when the complainant was under thirteen years old and defendant was at least eighteen years old.”
In re Carter, 2004 VT 21 (Vt. 2004). · cites it 5דThis case involves challenges to two summary judgment rulings made on a petition for post-conviction relief from a conviction of aggravated sexual assault under 13 V.S.A. § 3253 and the resulting sentence.”
State v. Fuller, 721 A.2d 475 (Vt. 1998). · cites it 9דDefendant Kenneth Fuller appeals his conviction for aggravated sexual assault of his step-son in violation of 13 V.S.A. § 3253(a)(9). Defendant contends that (1) the evidence was insufficient to permit his conviction for violating 13 V.”
State v. Shawn Bellanger, 183 A.3d 550 (Vt. 2018). · cites it 5דThe State subsequently charged defendant with five offenses: (1) aggravated sexual assault on a victim under age thirteen in violation of 13 V.S.A. § 3253(a)(8) ; (2) aggravated sexual assault repeated in violation of 13 V.”
State v. Mark Bergquist, 211 A.3d 946 (Vt. 2019). “by a detective from the Chittenden Unit for Special Investigations, the State charged defendant with two counts of aggravated sexual assault of a victim under thirteen years pursuant to 13 V.SA. § 3253(a)(8). The evidence at trial included testimony by mother, defendant, expert…”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 3ד2 ; Vt. Stat. Ann. tit. 13, § 3253 (a)(8); Wash.”
State v. Memoli, 2011 VT 15 (Vt. 2011). · cites it 6דHer statement and other evidence led to the arrest of defendant, who was charged with aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(2) (defining aggravated sexual assault as a sexual assault committed while being "joined or assisted by one or more persons in…”
State v. Morris D. Nelson, 2020 VT 94 (Vt. 2020). · cites it 5ד13 V.S.A. § 3253(a). “Sexual assault” is nowhere defined in § 3253.”
State v. Oscarson, 898 A.2d 123 (Vt. 2006). · cites it 5ד13 V.S.A. § 3253(a)(8). ¶ 3. In this case, it is undisputed that both victims were under the age of ten at the time of the offense.”
State v. Jason Blow, 2020 VT 106 (Vt. 2020). · cites it 3דDefendant is charged with aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(1) and second-degree unlawful restraint under 13 V.”
State v. Deyo, 2006 VT 120 (Vt. 2006). · cites it 8דThe third is the aggravated sexual assault statute, 13 V.S.A. § 3253(a). It provides in relevant part: (a) A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances: (9) The victim is subjected by…”
In re Carter, 2004 VT 21 (Vt. 2004). “This case involves challenges to two summary judgment rulings made on a petition for post-conviction relief from a conviction of aggravated sexual assault under 13 V.S.A. § 3253 and the resulting sentence.”
State v. Deyo, 2006 VT 120 (Vt. 2006). “The third is the aggravated sexual assault statute, 13 V.S.A. § 3253(a). It provides in relevant part: (a) A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances: (9) The victim is subjected by…”
— Vt. Stat. Ann. tit. 13, § 3253(a)(1) — 6 cases
State v. Jason Blow, 2020 VT 106 (Vt. 2020). “Defendant is charged with aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(1) and second-degree unlawful restraint under 13 V.”
State v. Memoli, 2011 VT 15 (Vt. 2011). “Her statement and other evidence led to the arrest of defendant, who was charged with aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(2) (defining aggravated sexual assault as a sexual assault committed while being "joined or assisted by one or more persons in…”
In re Carter, 2004 VT 21 (Vt. 2004). “This case involves challenges to two summary judgment rulings made on a petition for post-conviction relief from a conviction of aggravated sexual assault under 13 V.S.A. § 3253 and the resulting sentence.”
State v. Mark Bergquist, 211 A.3d 946 (Vt. 2019). “by a detective from the Chittenden Unit for Special Investigations, the State charged defendant with two counts of aggravated sexual assault of a victim under thirteen years pursuant to 13 V.SA. § 3253(a)(8). The evidence at trial included testimony by mother, defendant, expert…”
State v. Michael Rondeau, 2016 VT 117 (Vt. 2016). “Count One of the information alleged that defendant committed aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(8) at some time between October 1989 and October 11, 1997, when the complainant was under thirteen years old and defendant was at least eighteen years old.”
State v. Oscarson, 898 A.2d 123 (Vt. 2006). “13 V.S.A. § 3253(a)(8). ¶ 3. In this case, it is undisputed that both victims were under the age of ten at the time of the offense.”
State v. Fuller, 721 A.2d 475 (Vt. 1998). “Defendant Kenneth Fuller appeals his conviction for aggravated sexual assault of his step-son in violation of 13 V.S.A. § 3253(a)(9). Defendant contends that (1) the evidence was insufficient to permit his conviction for violating 13 V.”
State v. Shawn Bellanger, 183 A.3d 550 (Vt. 2018). “The State subsequently charged defendant with five offenses: (1) aggravated sexual assault on a victim under age thirteen in violation of 13 V.S.A. § 3253(a)(8) ; (2) aggravated sexual assault repeated in violation of 13 V.”
State v. Michael Rondeau, 2016 VT 117 (Vt. 2016). “Count One of the information alleged that defendant committed aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(8) at some time between October 1989 and October 11, 1997, when the complainant was under thirteen years old and defendant was at least eighteen years old.”
State v. Morris D. Nelson, 2020 VT 94 (Vt. 2020). “13 V.S.A. § 3253(a). “Sexual assault” is nowhere defined in § 3253.”
State v. Michael Rondeau, 2016 VT 117 (Vt. 2016). “Count One of the information alleged that defendant committed aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(8) at some time between October 1989 and October 11, 1997, when the complainant was under thirteen years old and defendant was at least eighteen years old.”
State v. Jason Blow, 2020 VT 106 (Vt. 2020). “Defendant is charged with aggravated sexual assault in violation of 13 V.S.A. § 3253(a)(1) and second-degree unlawful restraint under 13 V.”
State v. Shawn Bellanger, 183 A.3d 550 (Vt. 2018). “The State subsequently charged defendant with five offenses: (1) aggravated sexual assault on a victim under age thirteen in violation of 13 V.S.A. § 3253(a)(8) ; (2) aggravated sexual assault repeated in violation of 13 V.”
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.