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CT SB00918
Bill
Status
6/4/2011
Primary Sponsor
Antonietta Boucher
Click for details
AI Summary
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Replaces "mentally defective" and "physically helpless" standards in sexual assault statutes with a unified standard: when a person's ability to communicate lack of consent is substantially impaired due to mental or physical condition and the actor knows or reasonably should know of this impairment.
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Applies the revised standard to both sexual assault in the second degree (Class B or C felony) and sexual assault in the fourth degree (Class D felony or Class A misdemeanor).
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Removes definitions of "mentally defective" and "physically helpless" from the general statutes and retains "mentally incapacitated" (temporary incapacity from drugs or other acts without consent).
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Modifies affirmative defense provisions to apply to cases involving mental incapacity, removing references to the eliminated "mentally defective" and "physically helpless" categories.
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Updates cross-references in criminal offense statutes to reflect renumbered subdivisions in the amended sexual assault provisions, effective October 1, 2011.
Legislative Description
An Act Concerning The Sexual Assault Of Persons Whose Ability To Communicate Lack Of Consent Is Substantially Impaired.
Last Action
House Calendar Number 612
6/5/2011