AGGRAVATED SEXUAL ASSAULT (APPLIES DEADLY FORCE) -- 13 V.S.A. § 3253(a)(7)
[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)_______________ applied deadly force to (victim)_______________.
The _____ essential element is that, at the time of the sexual assault, (Def)_______________ applied deadly force to (victim)_______________. Deadly force means physical force which a person uses with the intent of causing, or which the person knows or should have known would create a substantial risk of causing, 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] [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.] The State must have proven that (Def)_______________ created a substantial risk of death or serious bodily injury, not that death or serious bodily injury actually happened.