CR27-411 06/24/03

AGGRAVATED SEXUAL ASSAULT (SERIOUS BODILY INJURY) - 13 V.S.A. § 3253(a)(1)

[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)_______________ caused serious bodily injury to (person injured)_______________.

The _____ essential element is that, at the time of the sexual assault, (Def)_______________ caused serious bodily injury to (person injured)_______________. 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. Here the State alleges that (Def)_______________ caused serious bodily injury to (person injured)_______________.