CR27-411 06/15/15

 

AGGRAVATED SEXUAL ASSAULT (SERIOUS BODILY INJURY) - 13 V.S.A. 3253(a)(1)

 

[Explanation: The statute, 3253, lists 9 categories of aggravating factors. When the defendant is charged with aggravated sexual assault, the aggravation element is added to the underlying charge of sexual assault under 3252. The following is a statement of the element to be added, plus a short explanation, for use when the above-described aggravating factor is charged.]

 

 

(__) at the time of the sexual assault, (Def)_______________ caused serious bodily injury to (person injured)_______________.

 

The _____ essential element is that, at the time of the sexual assault, (Def)_______________ caused serious bodily injury to (person injured)_______________. Serious bodily injury means [bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement] [strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person]. [The term bodily injury means physical pain, illness or any impairment of physical condition.] Here the State alleges that (Def)_______________ caused serious bodily injury to (person injured)_______________.