(a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, or (2) subjects another person to sexual contact and such other person is mentally incapacitated or impaired because of mental disability or disease to the extent that such other person is unable to consent to such sexual contact, or (3) engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in section 46b-21.
(b) Sexual assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.
(P.A. 75-619, S. 5; P.A. 80-346, S. 1; P.A. 92-260, S. 33; P.A. 02-138, S. 8; P.A. 19-16, S. 15; 19-93, S. 9.)
History: P.A. 80-346 designated previous Subdivs. (1) and (2) as Subparas. (A) and (B) in Subdiv. (1) of Subsec. (a) and added Subdiv. (2) re incest; P.A. 92-260 made technical changes by amending Subsec. (a)(1)(B) to replace “which reasonably causes such person to fear physical injury to such person” with “which reasonably causes such other person to fear physical injury to himself or herself” and amending Subsec. (a)(2) to replace “such person” with “the actor” or “him or her” as appropriate; P.A. 02-138 amended Subsec. (b) to classify the offense as a class C felony if the victim is under 16 years of age; P.A. 19-16 amended Subsec. (a) by adding new Subdiv. (2) re person who is mentally incapacitated and redesignating existing Subdiv. (2) as Subdiv. (3); P.A. 19-93 amended Subsec. (a)(2) by adding “or impaired because of mental disability or disease”.