Connecticut 2019 Regular Session

Connecticut House Bill HB07341 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 5587 1 of 3
4	4
5	5	General Assembly Raised Bill No. 7341
6	6	January Session, 2019
7	7	LCO No. 5587
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING RA PE BY IMPERSONATION.
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Section 53a-71 of the general statutes is repealed and the 1
24	24	following is substituted in lieu thereof (Effective October 1, 2019): 2
25	25	(a) A person is guilty of sexual assault in the second degree when 3
26	26	such person engages in sexual intercourse with another person and: (1) 4
27	27	Such other person is thirteen years of age or older but under sixteen 5
28	28	years of age and the actor is more than three years older than such 6
29	29	other person; or (2) such other person is impaired because of mental 7
30	30	disability or disease to the extent that such other person is unable to 8
31	31	consent to such sexual intercourse; or (3) such other person is 9
32	32	physically helpless; or (4) such other person is less than eighteen years 10
33	33	old and the actor is such person's guardian or otherwise responsible 11
34	34	for the general supervision of such person's welfare; or (5) such other 12
35	35	person is in custody of law or detained in a hospital or other institution 13
36	36	and the actor has supervisory or disciplinary authority over such other 14
37	37	person; or (6) the actor is a psychotherapist and such other person is 15
38	38	(A) a patient of the actor and the sexual intercourse occurs during the 16 Raised Bill No. 7341
39	39
40	40
41	41
42	42	LCO No. 5587 2 of 3
43	43
44	44	psychotherapy session, (B) a patient or former patient of the actor and 17
45	45	such patient or former patient is emotionally dependent upon the 18
46	46	actor, or (C) a patient or former patient of the actor and the sexual 19
47	47	intercourse occurs by means of therapeutic deception; or (7) the actor 20
48	48	accomplishes the sexual intercourse by means of false representation 21
49	49	that the sexual intercourse is for a bona fide medical purpose by a 22
50	50	health care professional; or (8) the actor is a school employee and such 23
51	51	other person is a student enrolled in a school in which the actor works 24
52	52	or a school under the jurisdiction of the local or regional board of 25
53	53	education which employs the actor; or (9) the actor is a coach in an 26
54	54	athletic activity or a person who provides intensive, ongoing 27
55	55	instruction and such other person is a recipient of coaching or 28
56	56	instruction from the actor and (A) is a secondary school student and 29
57	57	receives such coaching or instruction in a secondary school setting, or 30
58	58	(B) is under eighteen years of age; or (10) the actor is twenty years of 31
59	59	age or older and stands in a position of power, authority or 32
60	60	supervision over such other person by virtue of the actor's 33
61	61	professional, legal, occupational or volunteer status and such other 34
62	62	person's participation in a program or activity, and such other person 35
63	63	is under eighteen years of age; or (11) such other person is placed or 36
64	64	receiving services under the direction of the Commissioner of 37
65	65	Developmental Services in any public or private facility or program 38
66	66	and the actor has supervisory or disciplinary authority over such other 39
67	67	person; or (12) the actor, through the use of false or fraudulent 40
68	68	representation, fraudulent concealment, false pretense or personation, 41
69	69	trick, artifice or device, induces such other person to believe that the 42
70	70	actor is a person, other than the actor, who is known to such other 43
71	71	person for the purpose causing such other person to consent to engage 44
72	72	in sexual intercourse with the actor. 45
73	73	(b) Sexual assault in the second degree is a class C felony or, if the 46
74	74	victim of the offense is under sixteen years of age, a class B felony, and 47
75	75	any person found guilty under this section shall be sentenced to a term 48
76	76	of imprisonment of which nine months of the sentence imposed may 49
77	77	not be suspended or reduced by the court. 50 Raised Bill No. 7341
78	78
79	79
80	80
81	81	LCO No. 5587 3 of 3
82	82
83	83	This act shall take effect as follows and shall amend the following
84	84	sections:
85	85
86	86	Section 1 October 1, 2019 53a-71
87	87
88	88	Statement of Purpose:
89	89	To provide that inducing a victim to participate in sexual intercourse
90	90	with the perpetrator based on the victim's false belief caused by the
91	91	perpetrator that the perpetrator is another person known to the victim.
92	92	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
93	93	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
94	94	not underlined.]
95	95