Conn. Gen. Stat. § 53a-73a

Current with legislation from the 2023 Regular and Special Sessions.

Section 53a-73a - Sexual assault in the fourth degree: Class A misdemeanor or class D felony

(a) A person is guilty of sexual assault in the fourth degree when:

(1) Such person subjects another person to sexual contact who is (A) under thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) physically helpless, or (D) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (E) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or

(2) such person subjects another person to sexual contact without such other person's consent; or

(3) such person engages in sexual contact with a dead human body; or

(4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception; or

(5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or

(6) such person is a school employee and subjects another person to sexual contact who is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or

(7) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or

(8) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age; or

(9) such person subjects another person to sexual contact who is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over such other person.

(b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.

Conn. Gen. Stat. § 53a-73a

(P.A. 75-619, S. 6; P.A. 83-326, S. 2; P.A. 93-340 , S. 3 ; P.A. 94-221 , S. 19 ; P.A. 02-106 , S. 2 ; 02-138 , S. 10 ; P.A. 04-130 , S. 2 ; P.A. 07-143 , S. 2 ; P.A. 11-113 , S. 2 ; P.A. 13-28 , S. 1 ; 13-47 , S. 2 .)

Amended by P.A. 23-0149,S. 3 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.

Amended by P.A. 23-0047,S. 10 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.

Amended by P.A. 19-0093, S. 10 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.

Amended by P.A. 19-0016, S. 16 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.

Cited. 175 Conn. 315 . Proof of specific interest required under statute precludes this from being a lesser included offense under Sec. 53-21 . 186 Conn. 45 . Cited. 192 Conn. 154 ; 204 C. 683 ; 205 Conn. 386 ; 210 C. 396 ; Id., 582; 211 Conn. 455 ; 224 Conn. 1 . Cited. 3 Conn.App. 374 ; 6 CA 15 0; 8 Conn.App. 607 ; 11 Conn.App. 80 ; Id., 102; 14 Conn.App. 40 ; 15 Conn.App. 251 ; Id., 289; 18 CA 459 ; 25 Conn.App. 270 ; judgment reversed in part, see 224 Conn. 1 . Judgment of acquittal in 26 Conn.App. 625 , 221 C. 917 and 224 Conn. 656 reversed and case remanded to trial court with direction to render judgment reinstating conviction under section. 31 Conn.App. 452 . Cited. 34 CA 473 ; 35 Conn.App. 173 ; 43 CA 458 ; Id., 715. Reiterated previous holdings touching bare skin not required for sexual contact in the fourth degree. 59 Conn.App. 538 . Evidence was sufficient to conclude, beyond reasonable doubt, that defendant touched victim's intimate parts for the purpose of degrading or humiliating her, therefore constituting "sexual contact". 124 CA 261 . Sexual assault in the fourth degree is not a lesser included offense of sexual assault in the first degree; convictions under this section and Sec. 53a-70 do not violate the prohibition against double jeopardy because they are separate and distinct crimes and each crime requires proof of an element that the other does not. 171 CA 530. It is undisputable that Connecticut recognizes a clear public policy against sexual misconduct and sexual harassment; this public policy is evidenced in state criminal statutes, which provide that "a person is guilty of sexual assault in the fourth degree when ... (2) such person subjects another person to sexual contact without such other person's consent"; thus, arbitration award reinstating police officer who had engaged in sexual misconduct and harassment while on duty clearly violates established public policy and must be vacated. 48 CS 574 . Subsec. (a): Cited. 183 C. 586 ; 192 Conn. 37 ; 200 Conn. 44 0; Id., 734; 205 C. 515; 211 Conn. 555 ; 215 Conn. 653 . Subdiv. (1)(A): Defendant waived claim that violation of section is not a lesser included offense of violation of Sec. 53a-71(a)(1) ; judgment of Appellate Court in 26 Conn.App. 625 reversed and case remanded for determination of evidence sufficiency. 224 Conn. 656 . Cited. 227 Conn. 207 ; 230 Conn. 43 . Subdiv. (1)(A) and Sec. 53-21(a)(2) are not the same offense for double jeopardy purposes. 291 C. 1 . Subdiv. (2): Consistent with other provisions of the Penal Code, sexual assault in the fourth degree is not a strict liability offense with respect to consent element and criminal negligence is the required mens rea for that element. 317 C. 482 . Cited. 12 CA 395 ; 18 CA 297 ; Id., 694; 19 CA 44 ; 20 CA 115 ; Id., 365; Id., 530; 26 Conn.App. 625 ; judgment reversed, see 224 Conn. 656 ; Id., 674; 29 Conn.App. 409 ; 33 Conn.App. 205 ; 34 CA 428 ; 38 Conn.App. 125 ; 45 Conn.App. 116 ; Id., 289; Id., 512; Id., 613. Subdiv. (1)(A): This offense and the offense of risk of injury to a child are not the same offense for double jeopardy. 49 CA 409 . There was sufficient evidence produced at trial to convict defendant of sexual assault in the fourth degree; the state proved defendant was the perpetrator of the assault and victim's testimony, although inconsistent, was credible. 110 CA 97 . Subdiv. (1)(A): Under 2005 revision, trial court properly found that minor respondent acted with mental state necessary for commission of sexual assault because court's finding that respondent acted for the purpose of sexual gratification was supported by ample circumstantial evidence, not solely by evidence that respondent had contact with intimate parts of victim. 117 CA 582 . 2003 revision of Subdiv. (1)(A) and Sec. 53-21(a)(2) are not the same offenses for double jeopardy purposes. 118 CA 589 .

See chapter 968a re address confidentiality program. See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor. See Sec. 54-86f re admissibility of evidence of prior sexual conduct. See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.