Conn. Crim. Jury Instr. 7.1-8

The defendant is charged [in count __] with sexual assault in the third degree. The statute

defining this offense reads in pertinent part as follows:

A person is guilty of sexual assault in the third degree when such person subjects

another person to sexual contact and such other person is (mentally

incapacitated/impaired because of mental disability or disease) to the extent that such

other person is unable to consent to such sexual contact.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable

doubt the following elements:

Element 1 – Sexual contact

The first element is that the defendant subjected the complainant to sexual contact. “Sexual

contact” means any contact by the defendant with the intimate parts of the complainant or

contact of the intimate parts of the defendant with the complainant. “Intimate parts” means the

genital area or any substance emitted therefrom, groin, anus or any substance emitted therefrom,

inner thighs, buttocks or breasts. To constitute sexual contact there must be an actual touching.

There need not be, however, direct contact with the unclothed body of the other person or the

defendant. It is enough if the touching of the genital area, groin, anus, inner thighs, buttocks or

breast was through the other person’s clothing or the defendant’s clothing.

Element 2 – Intent

The second element is that the defendant had the specific intent to (obtain sexual

gratification/degrade or humiliate the complainant).

1 A person acts “intentionally” with respect

to a result when (his/her) conscious objective is to cause such result. <See Intent: Specific,

Instruction 2.3-1.>

Element 3 – Additional Factor

The third element is that, at the time of the offense the complainant was mentally incapacitated

or impaired because of mental disability or disease to the extent that (he/she) was unable to

consent to such sexual intercourse. “Impaired because of mental disability or disease” means

that a person suffers from a mental disability or disease which renders such person incapable of

appraising the nature of such person’s conduct. The person’s condition must not have been a

temporary condition, but a standing disability or disease of the mind. It is sufficient if the

condition made (him/her) unable to understand the defendant’s conduct. “Mentally

incapacitated” means that a person is rendered temporarily incapable of appraising or controlling

such person’s conduct owing to the influence of a drug or intoxicating substance administered to

such person without such person’s consent, or owing to any other act committed upon such

person without such person’s consent.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant subjected the

complainant to sexual contact, 2) (he/she) specifically intended to (obtain sexual

gratification/degrade or humiliate the complainant), and 3) <insert additional factor>.

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 third 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.

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1 The intent element of this offense is derived from the definition of “sexual contact” in General

Statutes § 53a-65 (3). See State v. Faria, 254 Conn. 613, 636 n.24 (2000).