CT · jury_instructions
Conn. Crim. Jury Instr. 7.1-3
Sexual Assault in the First Degree -- § 53a-70 (a) (3)
The defendant is charged [in count__] with sexual assault in the first degree. The statute
defining this offense reads in pertinent part as follows:
a person is guilty of sexual assault in the first degree when such person commits
sexual assault in the second degree and in the commission of such offense is aided by
two or more other persons actually present.
For you to find the defendant guilty of this charge, the state must prove the following elements
beyond a reasonable doubt:
Element 1 - Committed sexual assault in the second degree
The first element is that the defendant committed sexual assault in the second degree. <Insert
the elements from Sexual Assault in the Second Degree, Instruction 7.1-7.>
Element 2 - Aided by two or more other persons
The second element is that in the commission of sexual assault in the second degree, the
defendant was aided by two or more other persons who were actually present at the commission
of the offense.
1 This means that two or more other persons must have been present and actively
assisting in the assault. Mere presence of inactive companions, or mere acquiescence or some
innocent act that in fact aids the perpetrator of the assault does not constitute aid within the
meaning of the statute.
Conclusion
In summary, the state must prove beyond a reasonable doubt that <insert the concluding
summary from the instruction for sexual assault in the second degree>, and that (he/she) was
aided by two or more persons who were actually present.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements
of the crime of sexual assault in the first degree, 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.
1 “Actually present” does not require physical presence in the room or place where the assault
occurs. State v. Jackson, 75 Conn. App. 578, 585-87 (2003), cert. denied, 291 Conn. 907 (2009).
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
21890ee0b3d8705fb9cf9d64faedfca36d5031a04e8b11aba4895a804bc8366b
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.