17 | | - | Section 1. (NEW) (Effective from passage and applicable to acts occurring 1 |
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18 | | - | before, on or after said date) Any prosecution for a violation of sections 53a-2 |
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19 | | - | 70 to 53a-73a, inclusive, of the general statutes may be brought on the 3 |
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20 | | - | basis of a single act or two or more acts committed over a period of time 4 |
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21 | | - | as a continuous course of conduct. 5 |
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| 24 | + | Section 1. Section 53a-65 of the 2024 supplement to the general 1 |
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| 25 | + | statutes is repealed and the following is substituted in lieu thereof 2 |
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| 26 | + | (Effective from passage and applicable to acts occurring before, on and after said 3 |
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| 27 | + | date): 4 |
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| 28 | + | As used in this part, the following terms have the following 5 |
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| 29 | + | meanings: 6 |
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| 30 | + | (1) "Actor" means a person accused of sexual assault. 7 |
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| 31 | + | (2) "Sexual intercourse" means a single act or multiple acts that occur 8 |
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| 32 | + | over a period of time as a continuous course of conduct, that include 9 |
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| 33 | + | vaginal intercourse, anal intercourse, fellatio or cunnilingus between 10 |
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| 34 | + | persons regardless of sex. Penetration, however slight, is sufficient to 11 |
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| 35 | + | complete vaginal intercourse, anal intercourse or fellatio and does not 12 |
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| 36 | + | require emission of semen. Penetration may be committed by an object 13 |
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| 37 | + | manipulated by the actor into the genital or anal opening of the victim's 14 Raised Bill No. 5298 |
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| 38 | + | |
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| 39 | + | |
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| 40 | + | |
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| 41 | + | LCO No. 1871 2 of 4 |
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| 42 | + | |
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| 43 | + | body. 15 |
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| 44 | + | (3) "Sexual contact" means a single act or multiple acts that occur over 16 |
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| 45 | + | a period of time as a continuous course of conduct, that include (A) any 17 |
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| 46 | + | contact with the intimate parts of a person for the purpose of sexual 18 |
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| 47 | + | gratification of the actor or for the purpose of degrading or humiliating 19 |
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| 48 | + | such person or any contact of the intimate parts of the actor with a 20 |
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| 49 | + | person for the purpose of sexual gratification of the actor or for the 21 |
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| 50 | + | purpose of degrading or humiliating such person, or (B) for the 22 |
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| 51 | + | purposes of subdivision (4) of subsection (a) of section 53a-73a, any 23 |
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| 52 | + | contact with the intimate parts of a dead human body, or any contact of 24 |
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| 53 | + | the intimate parts of the actor with a dead human body, for the purpose 25 |
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| 54 | + | of sexual gratification of the actor. 26 |
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| 55 | + | (4) "Impaired because of mental disability or disease" means that a 27 |
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| 56 | + | person suffers from a mental disability or disease which renders such 28 |
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| 57 | + | person incapable of appraising the nature of such person's conduct. 29 |
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| 58 | + | (5) "Mentally incapacitated" means that a person is rendered 30 |
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| 59 | + | temporarily incapable of appraising or controlling such person's 31 |
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| 60 | + | conduct owing to the influence of a drug or intoxicating substance 32 |
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| 61 | + | administered to such person without such person's consent, or owing to 33 |
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| 62 | + | any other act committed upon such person without such person's 34 |
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| 63 | + | consent. 35 |
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| 64 | + | (6) "Physically helpless" means that a person is (A) unconscious, or 36 |
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| 65 | + | (B) for any other reason, is physically unable to resist an act of sexual 37 |
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| 66 | + | intercourse or sexual contact or to communicate unwillingness to an act 38 |
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| 67 | + | of sexual intercourse or sexual contact. 39 |
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| 68 | + | (7) "Use of force" means: (A) Use of a dangerous instrument; or (B) 40 |
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| 69 | + | use of actual physical force or violence or superior physical strength 41 |
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| 70 | + | against the victim. 42 |
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| 71 | + | (8) "Intimate parts" means the genital area or any substance emitted 43 |
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| 72 | + | therefrom, groin, anus or any substance emitted therefrom, inner thighs, 44 |
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| 73 | + | buttocks or breasts. 45 Raised Bill No. 5298 |
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| 74 | + | |
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| 75 | + | |
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| 76 | + | |
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| 77 | + | LCO No. 1871 3 of 4 |
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| 78 | + | |
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| 79 | + | (9) "Psychotherapist" means a physician, psychologist, nurse, 46 |
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| 80 | + | substance abuse counselor, social worker, clergyman, marital and 47 |
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| 81 | + | family therapist, mental health service provider, hypnotist or other 48 |
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| 82 | + | person, whether or not licensed or certified by the state, who performs 49 |
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| 83 | + | or purports to perform psychotherapy. 50 |
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| 84 | + | (10) "Psychotherapy" means the professional treatment, assessment 51 |
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| 85 | + | or counseling of a mental or emotional illness, symptom or condition. 52 |
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| 86 | + | (11) "Emotionally dependent" means that the nature of the patient's 53 |
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| 87 | + | or former patient's emotional condition and the nature of the treatment 54 |
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| 88 | + | provided by the psychotherapist are such that the psychotherapist 55 |
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| 89 | + | knows or has reason to know that the patient or former patient is unable 56 |
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| 90 | + | to withhold consent to sexual contact by or sexual intercourse with the 57 |
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| 91 | + | psychotherapist. 58 |
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| 92 | + | (12) "Therapeutic deception" means a representation by a 59 |
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| 93 | + | psychotherapist that sexual contact by or sexual intercourse with the 60 |
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| 94 | + | psychotherapist is consistent with or part of the patient's treatment. 61 |
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| 95 | + | (13) "School employee" means: (A) A teacher, substitute teacher, 62 |
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| 96 | + | school administrator, school superintendent, guidance counselor, 63 |
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| 97 | + | school counselor, psychologist, social worker, nurse, physician, school 64 |
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| 98 | + | paraprofessional or coach employed by a local or regional board of 65 |
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| 99 | + | education or a private elementary, middle or high school or working in 66 |
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| 100 | + | a public or private elementary, middle or high school; or (B) any other 67 |
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| 101 | + | person who, in the performance of his or her duties, has regular contact 68 |
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| 102 | + | with students and who provides services to or on behalf of students 69 |
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| 103 | + | enrolled in (i) a public elementary, middle or high school, pursuant to a 70 |
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| 104 | + | contract with the local or regional board of education, or (ii) a private 71 |
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| 105 | + | elementary, middle or high school, pursuant to a contract with the 72 |
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| 106 | + | supervisory agent of such private school. 73 |
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| 107 | + | (14) "Animal" has the same meaning as provided in section 22-327. 74 |
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| 108 | + | (15) "Sexual contact with an animal" means: (A) Any act between a 75 |
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| 109 | + | person and an animal that involves contact between a sex organ or anus 76 Raised Bill No. 5298 |
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| 110 | + | |
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| 111 | + | |
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| 112 | + | |
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| 113 | + | LCO No. 1871 4 of 4 |
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| 114 | + | |
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| 115 | + | of one and the mouth, anus or a sex organ of the other; (B) a person 77 |
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| 116 | + | touching or fondling a sex organ or anus of an animal, either directly or 78 |
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| 117 | + | through clothing, without a bona fide veterinary or animal husbandry 79 |
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| 118 | + | purpose; (C) any intentional transfer or transmission of semen by a 80 |
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| 119 | + | person upon any part of an animal; or (D) the insertion, however slight, 81 |
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| 120 | + | of any part of a person's body or any object into the vaginal or anal 82 |
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| 121 | + | opening of an animal, without a bona fide veterinary or animal 83 |
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| 122 | + | husbandry purpose, or the insertion of any part of the animal's body 84 |
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| 123 | + | into the vaginal or anal opening of the person. 85 |
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