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 Section 53a-71 of the general statutes is repealed and the 1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