Judiciary Committee
Public Health Committee
AN ACT CONCERNING THE SEXUAL ASSAULT OF PERSONS PLACED OR RECEIVING SERVICES UNDER THE DIRECTION OF THE COMMISSIONER OF DEVELOPMENTAL SERVICES
SUMMARY: This act makes it 2nd degree sexual assault to have sexual intercourse, and 4th degree sexual assault to have intentional sexual contact, with someone who is placed or receiving services under the Department of Developmental Services (DDS) commissioner's direction in a facility or program, whether public or private, and over whom the perpetrator has disciplinary or supervisory authority. DDS provides services to people with developmental and intellectual disabilities.
By law, it is already 2nd degree sexual assault to have sexual intercourse, and 4th degree sexual assault to have intentional sexual contact, with someone (1) whose mental condition makes them unable to consent or (2) who is in custody or detained in a hospital or other institution and over whom the perpetrator has supervisory or disciplinary authority.
Second-degree sexual assault is a class C felony unless the victim is under age 16, in which case it is a class B felony. In either case, the law requires a mandatory minimum of nine months' imprisonment. Fourth-degree sexual assault is a class A misdemeanor unless the victim is under age 16, in which case it is a class D felony (see Table on Penalties).
EFFECTIVE DATE: October 1, 2011
OLR Tracking: JO: JKL: JL: tjo/df: