CR27-461 06/24/03

AGGRAVATED SEXUAL ASSAULT (THREATENS SERIOUS BODILY INJURY)

13 V.S.A. § 3253(a)(6)

[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)_______________ threatened to cause imminent serious bodily injury to (victim or other person)_______________; and

(__) (victim)_______________ reasonably believed that (Def)_______________ had the present ability to carry out the threat.

The _____ essential element is that, at the time of the sexual assault, (Def)_______________ threatened to cause imminent serious bodily injury to (victim or other person)_______________. To threaten another person means to communicate, by words or by deeds, an intention to inflict harm upon that other person. 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. The word imminent means near at hand, on the point of happening.

The _____ essential element is that (victim)_______________ reasonably believed that (Def)_______________ had the present ability to carry out the threat.