§ 3253a. Aggravated sexual assault of a child
(a) A person commits the crime of aggravated sexual assault of a child if the actor is
at least 18 years of age and commits sexual assault against a child under the age
of 16 in violation of section 3252 of this title and at least one of the following circumstances exists:
(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim
or to another.
(2) The actor is joined or assisted by one or more persons in physically restraining,
assaulting, or sexually assaulting the victim.
(3) The actor commits the sexual act under circumstances which constitute the crime of
kidnapping.
(4) The actor has previously been convicted in this State of sexual assault under subsection
3252(a) or (b) of this title, aggravated sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section, or has been convicted
in any jurisdiction in the United States or territories of an offense which would
constitute sexual assault under subsection 3252(a) or (b) of this title, aggravated
sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section if committed in this
State.
(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses
or threatens to use the deadly weapon on the victim or on another.
(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily
injury to the victim or to another, and the victim reasonably believes that the actor
has the present ability to carry out the threat.
(7) At the time of the sexual assault, the actor applies deadly force to the victim.
(8) The victim is subjected by the actor to repeated nonconsensual sexual acts as part
of the same occurrence or the victim is subjected to repeated nonconsensual sexual
acts as part of the actor’s common scheme and plan.
(b) A person who commits the crime of aggravated sexual assault of a child shall be imprisoned
for not less than 25 years with a maximum term of life, and, in addition, may be fined
not more than $50,000.00. The 25-year term of imprisonment required by this subsection
shall be served and may not be suspended, deferred, or served as a supervised sentence.
The defendant shall not be eligible for probation, parole, furlough, or any other
type of early release until the expiration of the 25-year term of imprisonment. (Added 2009, No. 1, § 30, eff. March 4, 2009.)