OLR Bill Analysis

sSB 247

AN ACT CONCERNING THE SEXUAL ASSAULT OF A PERSON WHOSE ABILITY TO CONSENT IS SUBSTANTIALLY IMPAIRED DUE TO MENTAL DISABILITY.

SUMMARY:

This bill makes a person guilty of second-degree sexual assault if he or she (1) has sexual intercourse with someone so mentally disabled that he or she cannot consent or communicate a lack of consent to the act and (2) knows or has reasonable cause to know of the disability. Under current law, a person is guilty of the crime if he or she has sexual intercourse with someone too mentally defective to consent to the act.

Second-degree sexual assault is a class C felony if the victim is age 16 or older; otherwise it is a B felony. The punishment for a class (1) C felony is up to 10 years imprisonment, up to a $ 10,000 fine, or both and (2) B felony is up to 20 years imprisonment, up to a $ 15,000 fine, or both. An offender convicted of second-degree sexual assault must serve at least nine months of the sentence.

EFFECTIVE DATE: October 1, 2012

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute