CR27-471 06/24/03

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. 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.