SEQ CHAPTER \h \r 1CR27-421 06/24/03  

AGGRAVATED SEXUAL ASSAULT () JOINED BY OTHERS) - 13 V.S.A. § 3253(a)(2)

[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.]

(__) (Def)_______________ was [joined] [assisted] by one or more other persons in [restraining] [assaulting] [sexually assaulting] (victim)_______________.

The _____ essential element is that, at the time of the sexual assault, (Def)_______________ was [joined] [assisted] by one or more other persons in [restraining] [assaulting] [sexually assaulting] (victim)_______________. [To restrain another person means to restrict substantially the movement of the other person without that person’s consent or other lawful authority.] [To assault another person means to intentionally cause bodily injury to that person, or to intentionally cause the other person to fear imminent serious bodily injury.]