Conn. Crim. Jury Instr. 7.1-14

53a-70c

New, June 13, 2008 (March 22, 2023)

The defendant is charged [in count__] with aggravated sexual assault of a minor. The statute

defining this offense reads in pertinent part as follows:

A person is guilty of aggravated sexual assault of a minor when such person commits

<insert underlying crime:>

• § 53-21 (a) (2): risk of injury to a minor involving sexual contact,

• § 53a-70: sexual assault in the first degree,

• § 53a-70a: aggravated sexual assault in the first degree,

• § 53a-71: sexual assault in the second degree,

• § 53a-86: promoting prostitution in the first degree,

• § 53a-87: promoting prostitution in the second degree,

• § 53a-196a: employing a minor in an obscene performance,

and the object of that offense is under thirteen years of age, and <insert appropriate

subsection:>

• § 53a-70c (a) (1): such person kidnapped or illegally restrained the other person.

• § 53a-70c (a) (2): such person stalked the other person.

• § 53a-70c (a) (3): such person used violence to commit such offense against the other

person.

• § 53a-70c (a) (4): such person caused serious physical injury to or disfigurement of the

other person.

• § 53a-70c (a) (5): there was more than one object of such offense under thirteen years of

age.

• § 53a-70c (a) (6): such person was not known to the other person.

• § 53a-70c (a) (7): such person has previously been convicted of a violent sexual assault.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Underlying crime

The first element is that the defendant committed <insert underlying crime>. <Insert the

elements from the instruction for the alleged underlying crime:>

• § 53-21 (a) (2): Risk of Injury to a Minor (Sexual Contact), Instruction 6.11-3.

• § 53a-70 (a) (1): Sexual Assault in the First Degree, Instruction 7.1-1.

• § 53a-70 (a) (2): Sexual Assault in the First Degree, Instruction 7.1-2.

• § 53a-70 (a) (3): Sexual Assault in the First Degree, Instruction 7.1-3.

• § 53a-70 (a) (4): Sexual Assault in the First Degree, Instruction 7.1-4.

• § 53a-70a: Aggravated Sexual Assault in the First Degree, Instruction 7.1-5

• § 53a-71: Sexual Assault in the Second Degree, Instruction 7.1-6.

• § 53a-86 (a) (1): Promoting Prostitution in the First Degree, Instruction 7.3-4.

• § 53a-86 (a) (2) and § 53a-87 (a) (2): Promoting Prostitution in the First or Second

Degree (By a Minor), Instruction 7.3-5.

• § 53a-87 (a) (1): Promoting Prostitution in the Second Degree, Instruction 7.3-6.

• § 53a-196a: Employing a Minor in an Obscene Performance, Instruction 7.7-1.

Element 2 - Against a person under thirteen years of age

The second element is that the offense was committed against a person under thirteen years of

age. This means that the complainant had not reached (his/her) thirteenth birthday at the time of

the offense.

Element 3 - Aggravating factor

The third element is that in the commission of the <insert underlying crime>, <insert as

appropriate:>

• the defendant kidnapped or illegally restrained the minor. <See Section 6.5 Kidnapping

and Unlawful Restraint.>

• the defendant stalked the minor. <See Stalking in the First Degree, Instruction 6.7-1,

Stalking in the Second Degree, Instruction 6.7-2, and Stalking in the Third Degree,

Instruction 6.7-3.>

• the defendant used violence to commit such offense against the minor.

• the defendant caused serious physical injury to or disfigurement of the minor.

• there was more than one minor assaulted under thirteen years of age.

• the defendant was not known to the minor.

• the defendant has previously been convicted of a violent sexual assault.

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding

summary from the instruction for the underlying crime>, and that <insert aggravating factor>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of aggravated sexual assault of a minor, then you shall find the defendant guilty. On

the other hand, if you unanimously find that the state has failed to prove beyond a reasonable

doubt any of the elements, you shall then find the defendant not guilty.