SEQ CHAPTER \h \r 1CR27-451 06/24/03

AGGRAVATED SEXUAL ASSAULT (WITH DEADLY WEAPON) - 13 V.S.A. § 3253(a)(5)

[Explanation: The statute, § 3253, lists 9 categories of aggravating factors.  When the defendant is charged with aggravated sexual assault, the aggravation elements are added to the underlying charge of sexual assault under § 3252.  The following is a statement of the elements 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)_______________ was armed with a deadly weapon; and

(__) (Def)_______________ [used] [threatened to use] the deadly weapon on (victim or other person)_______________, by (specific acts)________________.

The _____ essential element is that, at the time of the sexual assault, (Def)_______________ was armed with a deadly weapon.  The term deadly weapon means any firearm, or other weapon, device, instrument, material or substance, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.  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.  The term bodily injury means physical pain, illness or any impairment of physical condition.  In this case, the State must have proven that the weapon was capable of causing serious bodily injury, not that (Def)_______________ actually caused serious bodily injury.

The _____ essential element is that (Def)_______________ [used] [threatened to use] the deadly weapon on (victim or other person)_______________, by (specific acts)_____________________.