Connecticut 2024 Regular Session

Connecticut House Bill HB05298 Compare Versions

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3-LCO 1 of 1
3+LCO No. 1871 1 of 4
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5-General Assembly Substitute Bill No. 5298
5+General Assembly Raised Bill No. 5298
66 February Session, 2024
7+LCO No. 1871
78
9+
10+Referred to Committee on JUDICIARY
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12+
13+Introduced by:
14+(JUD)
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1219 AN ACT CLARIFYING THE MEANINGS OF SEXUAL INTERCOURSE
1320 AND SEXUAL CONTACT.
1421 Be it enacted by the Senate and House of Representatives in General
1522 Assembly convened:
1623
17-Section 1. (NEW) (Effective from passage and applicable to acts occurring 1
18-before, on or after said date) Any prosecution for a violation of sections 53a-2
19-70 to 53a-73a, inclusive, of the general statutes may be brought on the 3
20-basis of a single act or two or more acts committed over a period of time 4
21-as a continuous course of conduct. 5
24+Section 1. Section 53a-65 of the 2024 supplement to the general 1
25+statutes is repealed and the following is substituted in lieu thereof 2
26+(Effective from passage and applicable to acts occurring before, on and after said 3
27+date): 4
28+As used in this part, the following terms have the following 5
29+meanings: 6
30+(1) "Actor" means a person accused of sexual assault. 7
31+(2) "Sexual intercourse" means a single act or multiple acts that occur 8
32+over a period of time as a continuous course of conduct, that include 9
33+vaginal intercourse, anal intercourse, fellatio or cunnilingus between 10
34+persons regardless of sex. Penetration, however slight, is sufficient to 11
35+complete vaginal intercourse, anal intercourse or fellatio and does not 12
36+require emission of semen. Penetration may be committed by an object 13
37+manipulated by the actor into the genital or anal opening of the victim's 14 Raised Bill No. 5298
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43+body. 15
44+(3) "Sexual contact" means a single act or multiple acts that occur over 16
45+a period of time as a continuous course of conduct, that include (A) any 17
46+contact with the intimate parts of a person for the purpose of sexual 18
47+gratification of the actor or for the purpose of degrading or humiliating 19
48+such person or any contact of the intimate parts of the actor with a 20
49+person for the purpose of sexual gratification of the actor or for the 21
50+purpose of degrading or humiliating such person, or (B) for the 22
51+purposes of subdivision (4) of subsection (a) of section 53a-73a, any 23
52+contact with the intimate parts of a dead human body, or any contact of 24
53+the intimate parts of the actor with a dead human body, for the purpose 25
54+of sexual gratification of the actor. 26
55+(4) "Impaired because of mental disability or disease" means that a 27
56+person suffers from a mental disability or disease which renders such 28
57+person incapable of appraising the nature of such person's conduct. 29
58+(5) "Mentally incapacitated" means that a person is rendered 30
59+temporarily incapable of appraising or controlling such person's 31
60+conduct owing to the influence of a drug or intoxicating substance 32
61+administered to such person without such person's consent, or owing to 33
62+any other act committed upon such person without such person's 34
63+consent. 35
64+(6) "Physically helpless" means that a person is (A) unconscious, or 36
65+(B) for any other reason, is physically unable to resist an act of sexual 37
66+intercourse or sexual contact or to communicate unwillingness to an act 38
67+of sexual intercourse or sexual contact. 39
68+(7) "Use of force" means: (A) Use of a dangerous instrument; or (B) 40
69+use of actual physical force or violence or superior physical strength 41
70+against the victim. 42
71+(8) "Intimate parts" means the genital area or any substance emitted 43
72+therefrom, groin, anus or any substance emitted therefrom, inner thighs, 44
73+buttocks or breasts. 45 Raised Bill No. 5298
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77+LCO No. 1871 3 of 4
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79+(9) "Psychotherapist" means a physician, psychologist, nurse, 46
80+substance abuse counselor, social worker, clergyman, marital and 47
81+family therapist, mental health service provider, hypnotist or other 48
82+person, whether or not licensed or certified by the state, who performs 49
83+or purports to perform psychotherapy. 50
84+(10) "Psychotherapy" means the professional treatment, assessment 51
85+or counseling of a mental or emotional illness, symptom or condition. 52
86+(11) "Emotionally dependent" means that the nature of the patient's 53
87+or former patient's emotional condition and the nature of the treatment 54
88+provided by the psychotherapist are such that the psychotherapist 55
89+knows or has reason to know that the patient or former patient is unable 56
90+to withhold consent to sexual contact by or sexual intercourse with the 57
91+psychotherapist. 58
92+(12) "Therapeutic deception" means a representation by a 59
93+psychotherapist that sexual contact by or sexual intercourse with the 60
94+psychotherapist is consistent with or part of the patient's treatment. 61
95+(13) "School employee" means: (A) A teacher, substitute teacher, 62
96+school administrator, school superintendent, guidance counselor, 63
97+school counselor, psychologist, social worker, nurse, physician, school 64
98+paraprofessional or coach employed by a local or regional board of 65
99+education or a private elementary, middle or high school or working in 66
100+a public or private elementary, middle or high school; or (B) any other 67
101+person who, in the performance of his or her duties, has regular contact 68
102+with students and who provides services to or on behalf of students 69
103+enrolled in (i) a public elementary, middle or high school, pursuant to a 70
104+contract with the local or regional board of education, or (ii) a private 71
105+elementary, middle or high school, pursuant to a contract with the 72
106+supervisory agent of such private school. 73
107+(14) "Animal" has the same meaning as provided in section 22-327. 74
108+(15) "Sexual contact with an animal" means: (A) Any act between a 75
109+person and an animal that involves contact between a sex organ or anus 76 Raised Bill No. 5298
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113+LCO No. 1871 4 of 4
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115+of one and the mouth, anus or a sex organ of the other; (B) a person 77
116+touching or fondling a sex organ or anus of an animal, either directly or 78
117+through clothing, without a bona fide veterinary or animal husbandry 79
118+purpose; (C) any intentional transfer or transmission of semen by a 80
119+person upon any part of an animal; or (D) the insertion, however slight, 81
120+of any part of a person's body or any object into the vaginal or anal 82
121+opening of an animal, without a bona fide veterinary or animal 83
122+husbandry purpose, or the insertion of any part of the animal's body 84
123+into the vaginal or anal opening of the person. 85
22124 This act shall take effect as follows and shall amend the following
23125 sections:
24126
25127 Section 1 from passage and
26128 applicable to acts occurring
27-before, on or after said date
28-New section
129+before, on and after said
130+date
131+53a-65
29132
30-JUD Joint Favorable Subst.
133+Statement of Purpose:
134+To clarify the meanings of "sexual intercourse" and "sexual contact"
135+following the Connecticut Supreme Court rulings in State v. Douglas C.
136+and State v. Joseph V.
137+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
138+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
139+underlined.]
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