Sec. 53a-59a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree: Class B felony: Five years not suspendable. - Connecticut Statutes

      Sec. 53a-59a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree: Class B felony: Five years not suspendable. (a) A person is guilty of assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree, when such person commits assault in the first degree under section 53a-59(a)(2), 53a-59(a)(3) or 53a-59(a)(5) and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, and the actor is not a person with mental retardation.

      (b) No person shall be found guilty of assault in the first degree and assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

      (c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

      (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 77-422, S. 1; P.A. 80-442, S. 17, 28; July Sp. Sess. P.A. 94-2, S. 4; P.A. 99-122, S. 1; 99-186, S. 14.)

      History: P.A. 80-442 added proviso in Subsec. (c) requiring five years' imprisonment for persons found guilty under section provisions, effective July 1, 1981; July Sp. Sess. P.A. 94-2 amended Subsec. (a) to add reference to Sec. 53a-59(a)(5); P.A. 99-122 changed the name of the offense from "assault of a victim sixty or older in the first degree" to "assault of an elderly, blind, disabled or mentally retarded person in the first degree", where appearing, amended Subsec. (a) to add Subdiv. (2) to include within the offense an assault where the victim is a person with mental retardation and the actor is not a person with mental retardation, and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being a person with mental retardation that the actor did not know the victim was a person with mental retardation, relettering former Subsec. (c) as Subsec. (d); P.A. 99-186 changed the name of the offense from "assault of a victim sixty or older in the first degree" to "assault of an elderly, blind, disabled or pregnant person in the first degree" where appearing, amended Subsec. (a) to include within the offense an assault where the victim is pregnant and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being pregnant that the actor did not know the victim was pregnant, relettering former Subsec. (c) as Subsec. (d); (Revisor's note: In 2005, the Revisors recodified new Subsec. (c) to reflect the separate affirmative defenses established by P.A. 99-122 and P.A. 99-186).

      See Secs. 53a-321 to 53a-323, inclusive, re abuse of elderly, blind, disabled or mentally retarded person.

      Cited. 180 C. 557. Cited. 211 C. 1. Cited. 230 C. 608.

      Cited. 5 CA 590. Cited. 14 CA 1. Cited. 20 CA 467; Id., 521. Cited. 35 CA 609.

      Subsec. (a):

      Cited. 235 C. 502.

      Cited. 28 CA 402. Cited. 40 CA 387. Subdivs. (1) and (5) do not proscribe the same offense for double jeopardy purposes. 98 CA 85.

      Subsec. (b):

      Cited. 216 C. 282.

      Subsec. (c):

      Cited. 207 C. 412.