C.G.S. § 53a-72b — Sexual Assault in the Third Degree with a Firearm

Connecticut treats “with a firearm” versions of sex offenses especially seriously. Section 53a-72b is the firearm-enhanced version of Sexual Assault 3rd Degree. The State doesn’t have to prove a gun was fired—only that a firearm was used to threaten, display, or otherwise further the assault (or that the complainant reasonably believed you had one).

To convict under § 53a-72b, prosecutors generally must show:

• The underlying conduct meets Sexual Assault in the Third Degree (§ 53a-72a)—for example, sexual contact obtained by force, or with someone unable to consent; and
• A firearm factor: you displayed or threatened to use a firearm, possessed one and used it to further the crime, or caused the person to reasonably believe you had one.

• Felony level: Usually a Class C felony; if the complainant is under 16, it elevates to a Class B felony.
• Mandatory time: Statute requires two years that cannot be suspended, plus enough special parole so the total equals 10 years (court sets the mix of prison + special parole within the felony range).
• Exposure: Class C felonies carry up to 10 years; Class B up to 20, with fines and probation possible.
• Registration: This offense generally triggers sex-offender registration under Chapter 969; duration and category depend on case specifics. Many defendants face at least 10 years of registration, and some circumstances can require longer.

• A gun is shown during an encounter to compel compliance.
• A statement like “I have a gun—do what I say,” even if no gun is seen.
• The complainant reasonably believes a gun is present based on words, gestures, or context.

• Consent / state of mind: Whether words, messages, witnesses, or context contradict force or coercion.
• No firearm nexus: Maybe there was no display, threat, or reasonable belief of a gun—dropping the firearm enhancement can drastically change the case.
• Identification / credibility: Inconsistencies, delayed reports, or motive-to-fabricate issues.
• Illegal searches / statements: Suppress phone extractions, home/car searches, or custodial statements taken without proper warnings.
• Overcharge checks: Facts that fit § 53a-72a (3rd) without the firearm piece—or even § 53a-73a (4th)—can support negotiating down.

1. Parking-lot threat: During non-consensual touching, a person says “I’ve got a gun—don’t move,” while gripping a waistband. No gun is found later. The words alone can satisfy the firearm element if the threat caused reasonable belief.
2. Shown handle in a car: In the course of forced sexual contact, a handle is shown from a console to intimidate. That display can qualify.
3. Texted intimidation: Minutes before meeting, a message says “I’m armed; don’t fight me.” If the encounter involves sexual contact by force/coercion, that prior statement may satisfy the firearm-in-furtherance piece.
4. Lawful boundary (not 53a-72b): Two consenting adults engage in sexual contact; one lawfully carries but never uses the gun to coerce, threaten, or influence consent, and the other person doesn’t believe a gun is involved. On these facts, the firearm enhancement shouldn’t apply.

AR is a discretionary diversion program for cases “not of a serious nature.” It’s not available for Class A or B felonies, and Class C felonies are only sometimes considered—and courts are extremely cautious with sex-offense allegations. In practice, eligibility on a § 53a-72b Class C case (adult complainant) is rare and hotly contested; Class B versions (under-16) are not AR-eligible. Even when technically possible, judges often deny AR in firearm-tagged sex cases. A thorough, fact-specific review is essential before you pin hopes on AR.

• Do not contact the complainant. Protective-order violations can be worse than the underlying case.
• Preserve evidence: Messages, location data, rideshare receipts, surveillance leads, witness names.
• Get counsel early: Contact a Connecticut criminal defense attorney as soon as you hear from the police. Early motions (to preserve video, limit statements, challenge searches) can change leverage fast.
• Build mitigation: Treatment, stable employment, community supports—these matter at bail and in negotiation.

• § 53a-72a — Sexual Assault in the Third Degree
• § 53a-73a — Sexual Assault in the Fourth Degree
• § 53a-70 — Sexual Assault in the First Degree
• § 53a-70a — Sexual Assault in the First Degree with a Firearm
• § 53a-71 — Sexual Assault in the Second Degree
• § 53a-70c — Aggravated Sexual Assault of a Minor
• § 53-21 — Risk of Injury to a Minor (when minors are involved)

A firearm-tagged sex charge is high-stakes. The sooner we review the warrant, statements, digital evidence, and any medical/forensic records, the more options you’ll have. Call Allan F. Friedman, Criminal Lawyer at 203-357-5555 for a confidential case review. We’ll map your defenses, protect your rights, and pursue the best possible outcome.