Connecticut 2023 Regular Session

Connecticut Senate Bill SB01182 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	LCO No. 5276 1 of 4
4	4
5	5	General Assembly Raised Bill No. 1182
6	6	January Session, 2023
7	7	LCO No. 5276
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 CLARIFYING THE MEANINGS OF SEXUAL INTERCOURSE
20	20	AND SEXUAL CONTACT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 53a-65 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective from passage and 2
26	26	applicable to acts occurring before, on and after said date): 3
27	27	As used in this part, the following terms have the following 4
28	28	meanings: 5
29	29	(1) "Actor" means a person accused of sexual assault. 6
30	30	(2) "Sexual intercourse" means a single act or multiple acts that occur 7
31	31	over a period of time as a continuous course of conduct, that include 8
32	32	vaginal intercourse, anal intercourse, fellatio or cunnilingus between 9
33	33	persons regardless of sex. Penetration, however slight, is sufficient to 10
34	34	complete vaginal intercourse, anal intercourse or fellatio and does not 11
35	35	require emission of semen. Penetration may be committed by an object 12
36	36	manipulated by the actor into the genital or anal opening of the victim's 13
37	37	body. 14 Raised Bill No. 1182
38	38
39	39
40	40
41	41	LCO No. 5276 2 of 4
42	42
43	43	(3) "Sexual contact" means a single act or multiple acts that occur over 15
44	44	a period of time as a continuous course of conduct, that include any 16
45	45	contact with the intimate parts of a person for the purpose of sexual 17
46	46	gratification of the actor or for the purpose of degrading or humiliating 18
47	47	such person or any contact of the intimate parts of the actor with a 19
48	48	person for the purpose of sexual gratification of the actor or for the 20
49	49	purpose of degrading or humiliating such person. 21
50	50	(4) "Impaired because of mental disability or disease" means that a 22
51	51	person suffers from a mental disability or disease which renders such 23
52	52	person incapable of appraising the nature of such person's conduct. 24
53	53	(5) "Mentally incapacitated" means that a person is rendered 25
54	54	temporarily incapable of appraising or controlling such person's 26
55	55	conduct owing to the influence of a drug or intoxicating substance 27
56	56	administered to such person without such person's consent, or owing to 28
57	57	any other act committed upon such person without such person's 29
58	58	consent. 30
59	59	(6) "Physically helpless" means that a person is (A) unconscious, or 31
60	60	(B) for any other reason, is physically unable to resist an act of sexual 32
61	61	intercourse or sexual contact or to communicate unwillingness to an act 33
62	62	of sexual intercourse or sexual contact. 34
63	63	(7) "Use of force" means: (A) Use of a dangerous instrument; or (B) 35
64	64	use of actual physical force or violence or superior physical strength 36
65	65	against the victim. 37
66	66	(8) "Intimate parts" means the genital area or any substance emitted 38
67	67	therefrom, groin, anus or any substance emitted therefrom, inner thighs, 39
68	68	buttocks or breasts. 40
69	69	(9) "Psychotherapist" means a physician, psychologist, nurse, 41
70	70	substance abuse counselor, social worker, clergyman, marital and 42
71	71	family therapist, mental health service provider, hypnotist or other 43
72	72	person, whether or not licensed or certified by the state, who performs 44
73	73	or purports to perform psychotherapy. 45 Raised Bill No. 1182
74	74
75	75
76	76
77	77	LCO No. 5276 3 of 4
78	78
79	79	(10) "Psychotherapy" means the professional treatment, assessment 46
80	80	or counseling of a mental or emotional illness, symptom or condition. 47
81	81	(11) "Emotionally dependent" means that the nature of the patient's 48
82	82	or former patient's emotional condition and the nature of the treatment 49
83	83	provided by the psychotherapist are such that the psychotherapist 50
84	84	knows or has reason to know that the patient or former patient is unable 51
85	85	to withhold consent to sexual contact by or sexual intercourse with the 52
86	86	psychotherapist. 53
87	87	(12) "Therapeutic deception" means a representation by a 54
88	88	psychotherapist that sexual contact by or sexual intercourse with the 55
89	89	psychotherapist is consistent with or part of the patient's treatment. 56
90	90	(13) "School employee" means: (A) A teacher, substitute teacher, 57
91	91	school administrator, school superintendent, guidance counselor, 58
92	92	school counselor, psychologist, social worker, nurse, physician, school 59
93	93	paraprofessional or coach employed by a local or regional board of 60
94	94	education or a private elementary, middle or high school or working in 61
95	95	a public or private elementary, middle or high school; or (B) any other 62
96	96	person who, in the performance of his or her duties, has regular contact 63
97	97	with students and who provides services to or on behalf of students 64
98	98	enrolled in (i) a public elementary, middle or high school, pursuant to a 65
99	99	contract with the local or regional board of education, or (ii) a private 66
100	100	elementary, middle or high school, pursuant to a contract with the 67
101	101	supervisory agent of such private school.68
102	102	This act shall take effect as follows and shall amend the following
103	103	sections:
104	104
105	105	Section 1 from passage and
106	106	applicable to acts occurring
107	107	before, on and after said
108	108	date
109	109	53a-65
110	110	Raised Bill No. 1182
111	111
112	112
113	113
114	114	LCO No. 5276 4 of 4
115	115
116	116	Statement of Purpose:
117	117	To clarify the meanings of "sexual intercourse" and "sexual contact"
118	118	following the Connecticut Supreme Court rulings in State v. Douglas C.
119	119	and State v. Joseph V.
120	120	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
121	121	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
122	122	underlined.]
123	123