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Connecticut Criminal Defense Law Blog

Connecticut doctor accused of sexual assault

A New London physician reportedly sexually assaulted a female patient during a physical examination. Police say that he was taken into custody around 3 p.m. on Oct. 22 in connection with the allegations. The incident took place around June 9. The woman was left alone in the examination room with the defendant during her yearly physical exam, say authorities.

Immediately following the alleged assault, the woman left and reported the incident to a nurse. Authorities were notified and an investigation was conducted. The physician and several employees at the medical facility were interviewed. A warrant was subsequently issued following a review by the State of Connecticut Superior Court. The defendant was released on a $25,000 bond after turning himself in to authorities.

500 pot plants seized in multiple Connecticut busts

According to law enforcement officers, more than 500 marijuana plants were found and seized in coordinated busts in both Stafford and Somers on Oct. 23. The searches, seizures and resulting arrests were the reported culmination of an investigation into illegal growing and distributing operations in the area.

According to officers, the busts occurred in searches on Gilbert Road in Stafford and Georgewood Road in Somers. All together during the simultaneous busts, 508 plants, 12 pounds of processed marijuana, five ATVs, $1,500 in cash, grow lights and associated equipment and 2 ounces of cocaine were seized, according to law enforcement.

Second-degree sexual assault in Connecticut

A second-degree charge of sexual assault includes many types of sexual intercourse from a position of power. For instance, the law prohibits a therapist from having intercourse with any patient or former patient through emotional deception or with one who is emotionally dependent upon the therapist. It also expands to all other health care professionals if they engage in intercourse through false representation.

School employees and coaches also fall under this heading under certain conditions. A teacher or school employee could receive this charge if he or she has sexual intercourse with a student of a school within the same board of education as the one that employs the teacher. For coaches, this law includes intercourse with any student receiving coaching in a secondary school setting or any person under the age of 18 receiving instruction from the coach.

What is auction fraud?

Auction fraud in Connecticut is defined as the intentional misrepresentation of an item on an online auction site, the failure to deliver an item, or delivering an item that is different than described. These can be further broken down into separate chargeable crimes that can each carry serious consequences.

Auction fraud is an area of criminal prosecution in which new offenses are seen frequently. Common crimes that may seem obscure but can be prosecuted are hidden charges, product misrepresentation and failure to deliver an agreed upon item. Hidden charges can be explained as any extra cost that isn't explicitly displayed to the buyer before completion of the transaction. This is commonly seen in shipping and handling charges. Misrepresenting an item or failing to deliver an item that has been paid for are self-explanatory. However, a misrepresentation can include anything from false statements made about the quality or condition of an item to replacing a more expensive item with one of lesser value.

Elements of a child pornography conviction

Connecticut law outlines three different elements that must be true about a defendant before the jury finds him or her guilty of possessing child pornography. The state must first prove that the person actually possessed images that qualify as child pornography. The definition of child pornography for these purposes is any videotape, film, photograph, picture or computer-generated image produced in any manner that depicts sexually explicit conduct with a child under the age of 16. This includes any type of intercourse, bestiality, masochistic or sadistic abuse, masturbation or exhibition of the pubic area or genitals of any person in a lascivious manner.

For someone to be convicted under this law, the child depicted in the image must be a real person, which means that artistic depictions of fictional characters do not count as child pornography. It must also be proven that the defendant had physical possession or other control over the image.

What are the penalties for marijuana charges in Connecticut?

Connecticut law provides for a range of penalties for the possession, intent to distribute, and distribution or cultivation of marijuana paraphernalia and marijuana. Some of these offenses have mandatory minimum sentences. For possession of less than 0.5 ounces of marijuana, a defendant may be ordered to pay $150 the first time or $200 to $500 subsequent times. First-time defendants could be sentenced to pay $1,000 and imprisonment for up to one year for possession of 0.5 to 4 ounces. These penalties might rise to $3,000 and five years imprisonment for subsequent convictions. For possession of larger quantities of marijuana, first-time defendants face up to $2,000 in fines and imprisonment for up to five years, while further convictions have higher consequences.

For paraphernalia-related convictions, possession or distribution with intent to cultivate or use less than 0.5 ounces may result in a $100 to $300 fine. A first-time conviction for possession with intent to cultivate, distribute or use more than 0.5 ounces may lead to paying up to $500 or imprisonment for as long as three months. Convicted defendants of possession with intent to distribute or distribution may face a $2,000 fine and as long as one year in prison.

Statutory rape in Connecticut

Statutory rape is a criminal offense in Connecticut, and no exception exists under the law in the event that a parent allows their minor child to engage in a sexual relationship. The state defines statutory rape as intercourse between a minor between the ages of 13 and 16 and a person who is more than three years older. In the case of a person who is under the age of 13, their partner can be found guilty of statutory rape if they are at least two years older.

Parents may not alleviate their child's criminal liability by consenting to such a sexual relationship. In fact, parents who allow the sexual relationship to occur may be found guilty of causing risk or injury to the child. The crime is a felony, and people sentenced under it may face up to 10 years in prison and a $10,000 fine. Parents who allow their minor children to engage in a sexual relationship if there is an age difference as outlined previously should be aware that criminal liability could result for both the child and the adult.

Connecticut man charged with drug possession following search

On Sept. 26, police took a 48-year-old Ansonia man into custody after allegedly seizing an assortment of drugs from his apartment. The man is facing multiple charges, including possession of narcotics and possession of narcotics with the intent to sell.

Furthermore, the Ansonia man is facing charges stemming from the alleged fact that his Beaver Street apartment, where police executed a search warrant, is located near a daycare facility. During the search, police purportedly seized marijuana, half a pound of cocaine, prescription medication and packing materials. Additionally, they seized approximately $1,500 in cash, authorities reported.

What is phishing?

The act of phishing occurs when a scam artist in Connecticut or another state sends an email to an individual asking for personal information. As part of the scam, the sender will claim to be or look like a legitimate website such as a bank or a government agency. The phisher will ask for information such as a credit card number, social security number or account password.

Typically, the entity asking for this information would already have it on file. In one example of a phishing scheme from 2003, an email was sent from a sender claiming to be eBay. The email claimed that unless the recipient updated their account information, the account would be terminated. An eBay fraud scheme such as this one works because making a message look like it comes from a trusted source is as easy as copying its HTML.

Connecticut school bus driver charged with DUI

Police in Connecticut claim that a Bristol woman was under the influence when she got behind the wheel of a school bus carrying 20 middle school students on Aug. 27. The incident led to a DUI charge against the woman and the termination of her employment. Questions were raised when it was revealed that the woman had been charged with drunk driving 10 years ago, but lawmakers say that the rules regarding commercial driver's license holders were tightened in January 2014.

According to police, an officer noticed the school bus being driven erratically and then followed it to a middle school in Irving. Reports suggest that the driver of the bus performed poorly during field sobriety exercises. A subsequent toxicology test allegedly discovered the woman's blood alcohol content level to be approximately three times the .08 percent limit.