SEQ CHAPTER \h \r 1CR27-431 06/24/03
AGGRAVATED SEXUAL ASSAULT (WITH KIDNAPPING) - 13 V.S.A. § 3253(a)(3)
[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)_______________ committed the sexual act under circumstances which constituted the crime of kidnapping.
The _____ essential element is that (Def)_______________ committed the sexual act under circumstances which constituted the crime of kidnapping. For present purposes, kidnapping means to knowingly restrain the other person, with an intent to [hold the restrained person for ransom or reward] [use the restrained person as a shield or hostage] [inflict bodily injury upon the restrained person] [place the restrained person or another person in fear that any person will be subjected to bodily injury] [sexually assault the restrained person] [place the restrained person or a third person in fear that any person will be sexually assaulted] [facilitate the commission of another crime or flight thereafter]. To restrain another person means to restrict substantially the movement of the other person without that person’s consent or other lawful authority.