There are some sexual assault crimes that are elevated by other circumstances. For example, if you commit sexual assault with the use of a firearm, this constitutes its own crime. Sexual assault in the third degree with a firearm, or “sex 3 with a firearm,” is one of the crimes in Connecticut. If you face this charge, this page can help you as you go through the criminal justice process. You can learn more about sexual assault in the third degree with a firearm here.
What is Sex 3 with a Firearm?
This crime is governed by Connecticut General Statutes § 53a-72b (2019). A person commits this crime when they commit sexual assault in the third degree and add additional elements. In addition to committing sexual assault in the third degree, they must do so while using, are armed with, or threatens the use of, a pistol, revolver, machine gun, rifle, shot gun, or another type of firearm.
Connecticut statute defines “firearm” as a weapon unloaded or loaded in which a shot may be discharged. Conn. Gen. Stat. § 53a-3(19) (2019).
What are the Consequences of this Crime?
Sexual assault in the third degree with a firearm is classified as a Class C felony unless the victim is under the age of 16. If the victim is under the age of 16, this crime is classified as a Class B felony. This offense carries with it a mandatory minimum period of incarceration of two years, which may not be suspended or reduced, and a combined period of incarcerated and special parole that add up to ten total years.
Also keep in mind that if a person is convicted of sexual assault in the third degree with a firearm and the victim at the time of the crime was ten years old or younger, the court will impose additional penalties. The actor will be sentenced to undergo psychological counseling. Conn. Gen. Stat. § 53a-40c (2019).
Finally, remember that those convicted of sex crimes must register as a sex offender. For a first offense, registration is for a period of ten years. For a second or subsequent offense, registration is for life. Conn. Gen. Stat. § § 54-251, 54-252.
How Can I Defend Myself?
If charged with Sex 3 under subsection (2), a defendant can allege an affirmative defense that if the victim was mentally incapacitated at the time of the crime, the defendant may give evidence that at the time of the sexual intercourse the defendant did not know the condition of the victim. Conn. Gen. Stat. § 53a-67 (2019).
If charged with sexual assault in the third degree with a firearm, you should seek help. An attorney can guide you through this process and establish a defense on your behalf. Our office is happy to assist you at this time and provide additional resources.