Connecticut 2024 Regular Session

Connecticut House Bill HB05298 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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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
6	6		February Session, 2024
	7	+	LCO No. 1871
7	8
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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12	19		AN ACT CLARIFYING THE MEANINGS OF SEXUAL INTERCOURSE
13	20		AND SEXUAL CONTACT.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
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	25	+	statutes is repealed and the following is substituted in lieu thereof 2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
	38	+
	39	+
	40	+
	41	+	LCO No. 1871 2 of 4
	42	+
	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
	74	+
	75	+
	76	+
	77	+	LCO No. 1871 3 of 4
	78	+
	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
	110	+
	111	+
	112	+
	113	+	LCO No. 1871 4 of 4
	114	+
	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
22	124		This act shall take effect as follows and shall amend the following
23	125		sections:
24	126
25	127		Section 1 from passage and
26	128		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
29	132
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.]
31	140