SEQ CHAPTER \h \r 1CR27-481 05/01/08

AGGRAVATED SEXUAL ASSAULT () OVER 18 AND VICTIM UNDER 13)

13 V.S.A. § 3253(a)(8)

[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 at least 18 years of age; and

(__) at the time of the sexual assault, (victim)_______________ was under the age of 13 years.

The _____ essential element is that, at the time of the sexual assault, (Def)_______________ was at least 18 years of age.

The ______ essential element is that, at the time of the sexual assault, (victim)_______________ was under the age of 13 years.  The State need not have proven that (Def)_______________ knew that (victim)_______________ was under the age of 13 at the time of the alleged offense.