"AN ACT PROVIDING CERTAIN ADULT ADOPTED PERSONS WITH ACCESS TO INFORMATION IN THEIR ORIGINAL BIRTH CERTIFICATES. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 53-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child, or (2) has contact with the intimate parts, as defined in section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, or (3) permanently transfers the legal or physical custody of a child under the age of sixteen years to another person for money or other valuable consideration or acquires or receives the legal or physical custody of a child under the age of sixteen years from another person upon payment of money or other valuable consideration to such other person or a third person, except in connection with an adoption proceeding that complies with the provisions of chapter 803, shall be guilty of a class C felony for a violation of subdivision (1) or (3) of this subsection and a class B felony for a violation of subdivision (2) of this subsection, except that, if the violation is of subdivision (2) of this subsection and the victim of the offense is under thirteen years of age, such person shall be guilty of a class A felony and, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

(b) The act of a parent or agent leaving an infant thirty days or younger with a designated employee pursuant to section 17a-58 shall not constitute a violation of this section.

Sec. 502. Section 53a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by the use of force against such other person or a third person, or by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (2) engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or more other persons actually present, or (4) engages in sexual intercourse with another person and such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.

(b) (1) Except as provided in subdivision (2) of this subsection, sexual assault in the first degree is a class B felony for which two years of the sentence imposed may not be suspended or reduced by the court. [or, if the victim of the offense is under ten years of age, for which ten years of the sentence imposed may not be suspended or reduced by the court. ]

(2) Sexual assault in the first degree is a class A felony if the [offense is a violation of subdivision (1) of subsection (a) of this section and the victim of the offense is under sixteen years of age or the offense is a violation of subdivision (2) of subsection (a) of this section. Any person found guilty under said subdivision (1) or (2) shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age or of which five years of the sentence imposed may not be suspended or reduced by the court if the victim is under sixteen years of age] victim of the offense is under sixteen years of age and any person found guilty of such class A felony shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court, except that, if the victim of the offense is under thirteen years of age, such person shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

(3) [Any] Except as provided in subdivision (2) of this subsection, a person found guilty under this section shall be sentenced to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of at least ten years.

Sec. 503. Section 53a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree as provided in section 53a-70, and in the commission of such offense (1) such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a deadly weapon, (2) with intent to disfigure the victim seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the victim's body, such person causes such injury to such victim, (3) under circumstances evincing an extreme indifference to human life such person recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to such victim, or (4) such person is aided by two or more other persons actually present. No person shall be convicted of sexual assault in the first degree and aggravated sexual assault in the first degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Aggravated sexual assault in the first degree is a class B felony or, if the victim of the offense is under sixteen years of age, a class A felony. Any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court, except that, if [such person committed sexual assault in the first degree by violating subdivision (1) of subsection (a) of section 53a-70, and] the victim of the offense is under [sixteen] thirteen years of age, [twenty years of the sentence imposed] such person shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment. Any person found guilty under this section shall also be sentenced to a period of special parole pursuant to subsection (b) of section 53a-28 of at least five years.

Sec. 504. Section 53a-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and: (1) Such other person is thirteen years of age or older but under sixteen years of age and the actor is more than two years older than such person; or (2) such other person is mentally defective to the extent that such other person is unable to consent to such sexual intercourse; or (3) such other person is physically helpless; or (4) such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare; or (5) such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (6) the actor is a psychotherapist and such other person is (A) a patient of the actor and the sexual intercourse occurs during the psychotherapy session, (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual intercourse occurs by means of therapeutic deception; or (7) the actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a health care professional; or (8) the actor is a school employee and such other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or (9) the actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction and such other person is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (10) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and such other person is under eighteen years of age.

(b) [Sexual] (1) Except as provided in subdivisions (2) and (3) of this subsection, sexual assault in the second degree is a class C felony [or,] and any person found guilty of such class C felony shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court.

(2) Sexual assault in the second degree is a class B felony if the victim of the offense is thirteen years of age or older but under sixteen years of age, [a class B felony,] and any person found guilty [under this section] of such class B felony shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court.

(3) Sexual assault in the second degree is a class A felony if the victim of the offense is under thirteen years of age, and any person found guilty of such class A felony shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 505. Section 53a-72a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, or (2) engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in section 46b-21.

(b) [Sexual] (1) Except as provided in subdivisions (2) and (3) of this subsection, sexual assault in the third degree is a class D felony. [or,]

(2) Sexual assault in the third degree is a class C felony if the victim of the offense is thirteen years of age or older but under sixteen years of age. [, a class C felony. ]

(3) Sexual assault in the third degree is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 506. Section 53a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of promoting prostitution in the first degree when [he] such person knowingly: (1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from coercive conduct by another; or (2) advances or profits from prostitution of a person less than sixteen years old.

(b) [Promoting] (1) Except as provided in subdivision (2) of this subsection, promoting prostitution in the first degree is a class B felony.

(2) Promoting prostitution in the first degree is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 507. Section 53a-87 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of promoting prostitution in the second degree when [he] such person knowingly: (1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes; or (2) advances or profits from prostitution of a person less than eighteen years old.

(b) [Promoting] (1) Except as provided in subdivision (2) of this subsection, promoting prostitution in the second degree is a class C felony.

(2) Promoting prostitution in the second degree is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 508. Section 53a-90a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of enticing a minor when such person uses an interactive computer service to knowingly persuade, induce, entice or coerce any person under sixteen years of age to engage in prostitution or sexual activity for which the actor may be charged with a criminal offense. For purposes of this section, "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.

(b) [Enticing] (1) Except as provided in subdivision (2) of this subsection, enticing a minor is a class D felony for a first offense, a class C felony for a second offense and a class B felony for any subsequent offense.

(2) Enticing a minor is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 509. Section 53a-196 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of obscenity as to minors when [he] such person knowingly promotes to a minor, for monetary consideration, any material or performance which is obscene as to minors.

(b) For purposes of this section, "knowingly" means having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry as to (1) the character and content of any material or performance which is reasonably susceptible of examination by such person, and (2) the age of the minor.

(c) In any prosecution for obscenity as to minors, it shall be an affirmative defense that the defendant made (1) a reasonable mistake as to age, and (2) a reasonable bona fide attempt to ascertain the true age of such minor, by examining a draft card, driver's license, birth certificate or other official or apparently official document, exhibited by such minor, purporting to establish that such minor was seventeen years of age or older.

(d) [Obscenity] (1) Except as provided in subdivision (2) of this subsection, obscenity as to minors is a class D felony.

(2) Obscenity as to minors is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 510. Section 53a-196a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of employing a minor in an obscene performance when [(1) he] such person (1) employs any minor, whether or not such minor receives any consideration, for the purpose of promoting any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, or (2) [he] permits any such minor to be employed, whether or not such minor receives any consideration, in the promotion of any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, and [he] such person is the parent or guardian of such minor or otherwise responsible for the general supervision of such minor's welfare.

(b) Employing a minor in an obscene performance is a class A felony and any person found guilty under this section shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 511. Section 53a-196b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of promoting a minor in an obscene performance when [he] such person knowingly promotes any material or performance in which a minor is employed, whether or not such minor receives any consideration, and such material or performance is obscene as to minors notwithstanding that such material or performance is intended for an adult audience.

(b) For purposes of this section, "knowingly" means having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry as to (1) the character and content of any material or performance which is reasonably susceptible of examination by such person, and (2) the age of the minor employed.

(c) [Promoting] (1) Except as provided in subdivision (2) of this subsection, promoting a minor in an obscene performance is a class B felony.

(2) Promoting a minor in an obscene performance is a class A felony if the victim of the offense is under thirteen years of age and any person found guilty of such class A felony shall, for a first offense, be sentenced to a term of imprisonment of twenty-five years which may not be suspended or reduced by the court and, for a subsequent offense, be sentenced to a term of life imprisonment.

Sec. 512. Section 53a-35a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and the term shall be fixed by the court as follows: (1) For a capital felony, a term of life imprisonment without the possibility of release unless a sentence of death is imposed in accordance with section 53a-46a; (2) for the class A felony of murder or for a class A felony as provided in section 53-21, 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-86, 53a-87, 53a-90a, 53a-196, 53a-196a or 53a-196b, as amended by this act, where the victim of the offense was under thirteen years of age, a term not less than twenty-five years nor more than life; (3) for a class A felony other than [murder] an offense specified in subdivision (2) of this section, a term not less than ten years nor more than twenty-five years; (4) for the class B felony of manslaughter in the first degree with a firearm under section 53a-55a, a term not less than five years nor more than forty years; (5) for a class B felony other than manslaughter in the first degree with a firearm under section 53a-55a, a term not less than one year nor more than twenty years, except that for a conviction under section 53a-59(a)(1), 53a-59a, 53a-70a, 53a-94a, 53a-101(a)(1) or 53a-134(a)(2), the term shall be not less than five years nor more than twenty years; (6) for a class C felony, a term not less than one year nor more than ten years, except that for a conviction under section 53a-56a, the term shall be not less than three years nor more than ten years; (7) for a class D felony, a term not less than one year nor more than five years, except that for a conviction under section 53a-60b or 53a-217, as amended, the term shall be not less than two years nor more than five years, for a conviction under section 53a-60c, the term shall be not less than three years nor more than five years, and for a conviction under section 53a-216, the term shall be five years; (8) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.

Sec. 513. (NEW) (Effective July 1, 2006) Any person who is released on parole or special parole after being convicted of a violation of subdivision (2) of section 53-21 or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-86, 53a-87, 53a-90a, 53a-196, 53a-196a or 53a-196b of the general statutes, as amended by this act, where the victim of the offense was under thirteen years of age, shall, as a condition of such parole or special parole, be subject to electronic monitoring that shall include the use of a global positioning system for the duration of such person's period of parole or special parole. "