Defendant-Appellant Bruce Daye appeals from a judgment of the United States District Court for the District of Vermont (Murtha, /.), sentencing him to 180 months’ imprisonment upon his. guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On appeal, Daye does not challenge his conviction. Rather, he asserts that the District Court incorrectly determined that he was subject to the mandatory minimum sentence of fifteen years’ imprisonment imposed on armed career criminals by 18 U.S.C. § 924(e)(1) and to the related offense level enhancement set forth in U.S.S.G. § 4B1.4. More specifically, he contends that the District Court erred in concluding that his prior convictions for sexually assaulting children in violation of Vt. Stat. Ann. tit. 13, § 3252(3) (1986) (since amended) аnd for escape were convictions for “violent felon[ies]” as defined in 18 U.S.C. § 924(e)(2)(B). For the reasons that follow, we remand to the District Court for consideration of whether, following the Supreme Court’s decision in
Chambers v. United States,
— U.S. -,
BACKGROUND
On March 23, 2006, Daye was stopped for speeding in Montpelier, Vermont by Deputy Sheriff Jeffrey Severidt of the Washington County Sheriffs Department. Severidt called in Daye’s identifying information, learned that Daye was subject to an outstanding warrant, and placed him under arrest. He then proceeded to search Daye’s vehicle, recovering a loaded nine-millimeter handgun. Daye subsequently confessed that he had intended to kill his ex-wife and then commit suicide, noting that he had been speeding in order to catch her as she went to work.
A federal grand jury indicted Daye in January 2007 on two counts (one each for the handgun and the associated ammunition) of possessing a firearm or ammunition after having been convicted of a crime punishable by more than one year of imprisonment in violation of 18 U.S.C. § 922(g)(1). He eventually pled guilty to one of these counts.
Following Daye’s guilty plea, the District Court held a sentencing hearing. The Presentence Report (“PSR”) described Daye’s extensive criminal history. Prior to the current incident, Daye had been convicted of at least sixteen felonies and fourteen misdemeanors. Among the felonies were two convictions for the sexual assault of a child in violation of Vt. Stat. Ann. tit. 13, § 3252(3) (1986) (since amended) in Lamoille County, Vermont, one conviction for violation of the same statute in Chittenden County, Vermont, and one conviction for escape, likely in violation of Vt. Stat. Ann. tit. 13, § 1501. 1 The Lamoille County convictions arose from an incident in which Daye took four boys blackberry picking. As described in the PSR as well as charging documents associated with these crimes; Daye, while on this trip, molested each of the four boys and compelled two of them, one at most nine years old and the other twelve, to participate in anal sex with him. A police affidavit relating to the Chittenden County conviction *228 states that Daye had engaged in oral sex with and digital penetration of the anus of a six-year-old boy. 2
At the sentencing hearing, the District Court determined that Daye’s convictions for the sexual assault of a child and escape qualified as convictions for violent felonies as defined in 18 U.S.C. § 924(e)(2)(B). With regard to the sexual assault convictions, the District Court concluded that, pursuant to the Supreme Court’s decision in
Shepard v. United States,
DISCUSSION
The issues advanced on appeal by Daye are whether the District Court correctly determined that Daye’s prior convictions for sexually assaulting children and for escape were convictions for “violent felonfies],” as defined in 18 U.S.C. § 924(e)(2)(B). We review
de novo
the District Court’s conclusion that a prior offense is a violent felony.
See United States v. Lynch,
The Armed Career Criminal Act (“ACCA”) establishes a mandatory minimum sentence of fifteen years’ imprisonment for a defendant who is convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) while having “three previous convictions ... for a violent felony or a sеrious drug offense, or both, committed on occasions different from one another.” 18 U.S.C. § 924(e)(1). In addition, the Guidelines impose a substantial offense level enhancement upon any defendant who qualifies for a mandatory minimum sentence under 18 U.S.C. § 924(e)(1). See U.S.S.G. § 4B1.4. For purposes of the ACCA, a “violent felony” is:
any crime punishable by imprisonment for a term exceeding one year, or any *229 act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that—
(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.
18 U.S.C. § 924(e)(2)(B). To determine whether a prior offense is a violent felony, we use a “categorical approach,” in which we “look only to the fact of conviction and the statutory definition of the prior offense.”
Taylor v. United States,
1. Sexual Assaults
At the time of his sentencing, Daye had three prior convictions for sexual assault of a child in violation of Vermont law. The statute under which he was convicted, captioned “Sexual Assault,” providеd, in pertinent part, that:
A person who engages in a sexual act with another person and
(3) The other person is under the age of 16, except where the persons are married to each other and the sexual act is consensual;
shall be imprisoned for not more than 20 years, or fined not more than $10,000.00, or both.
Vt. Stat. Ann. tit. 13, § 3252(3) (1986) (since amended). 5 The term “sexual act” was further defined to mean “conduct ... *230 consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another.” Vt. Stat. Ann. tit. 13, § 3251(1). 6
Engaging in a sexual act with a child under sixteen does not constitute “burglary, arson, ... extortion, [or a crime] involving] use of explosives,” 18 U.S.C. § 924(e)(2)(B)(ii), and the Government does not argue that Vermont’s statute “has as an element the use, attempted use, or threatened use of physical force against the person of another,”
id.
§ 924(e) (2) (B) (i). Rather, the Government contends that engaging in a sexual act with a child in violation of former § 3252(3) “involves conduct that presents a serious potential risk of physical injury to another” pursuant to 18 U.S.C. § 924(e)(2)(B)(ii), commonly described as the ACCA’s “residual clause,”
see, e.g., Chambers,
Prior to the Supreme Court’s decision in
Begay v. United States,
— U.S.-,
We recognize that some of our sister Circuits have suggested that where, as here, a statute encompasses not only forcible assault but also sexual contact to which a child professes to consent, even if not legally able to do so, the crime thereby defined creates a serious risk of physical injury only when the victim is particularly young.
See, e.g., United States v. Sawyers,
More importantly, the potential risks of serious physical injury flowing from violation of Vermont’s sexual assault statute are not limited to the direct physical consequences of sexual contact. We must also consider the risk of injury traceable to the
*232
fact that the violation of statutes criminalizing sexual contact with victims who, for reasons of physical or emotional immaturity, are deemed legally unable to consent
“inherently
involves a substantial risk that physical force may be used in the course of committing the offense.”
Chery v. Ashcroft,
But this does not end the matter. The Supreme Court’s decision in
Begay
refined the analytical framework employed to determine whether a prior conviction constitutes an ACCA predicate, indicating that a particular crime does not necessarily constitute a violent felony simply because it presents a serious potential risk of physical injury to another comparable to that posed by the exemplar crimes in 18 U.S.C. § 924(e)(2)(B)(ii).
See Begay,
This Court has not previously considered whether a conviction for violating any of the various state laws prohibiting sexual assault on a child constitutes a violent felony for the purpose of § 924(e)(2)(B)(ii). We have repeatedly addressed the question, however, whether engaging in sexual contact with a minor qualifies as a “crime of violence” pursuant to 18 U.S.C. § 16(b), which in relevant part defines the phrase to include felonies that, by their nature, “involve[ ] a substantial risk that physical force against the person or property of
*233
another may be used in the course of committing the offense.”
8
In
Chery v. Ashcroft,
this Court concluded that a conviction for engaging in sexual intercourse with a child who is at least thirteen but under the age of sixteen while being at least two years older than the child is a conviction fоr a crime of violence.
See
We find this analysis quite persuasive and applicable by analogy to the case at bar. 9 The statute under which Daye was convicted, Vt. Stat. Ann, tit. 13, § 3252(3) (1986) (since amended), admittedly imposed strict liability with regard to the age
*234
of the victim.
See State v. Searles,
These conclusions are sufficient to establish that the crime at issue is a violent felony.
Begay
does not require that
every
instance of a particular crime involve purposeful, violent, and aggressive conduct. Instead, all that is required is that a crime, in a fashion similar to burglary, arson, extortion, or crimes involving the use of explosives,
“typically
involve[s] purposeful, violent, and aggressive conduct.”
Begay,
Neither the Fourth Circuit’s decision in
United States v.
Thornton,
As a final matter, Daye contends that the ACCA’s residual clause applies only to property crimes, not to crimes against the person such as sexual assault. In support of this argument, he notes the Supreme Court’s statement in
Begay
that, in enacting the most recent version of § 924(e)(2)(B), “Congress sought to expand th[e] definition [of the term ‘violent felony’] to include both crimes against the
*236
person (clause (i) and certain physically risky crimes against property (clause (ii))).”
We find this argument unpersuasive. Despite the language cited by Daye, the Supreme Court did not rely in
Begay
on the distinction between property crimes and crimes against the person. Instead, as noted above, the Court focused upon whether the crime at issue typically involves purposeful, aggressive, and violent conduct.
See id.
at 1586-88. The distinction proposed by Daye also is not mandated by the language of § 924(e)(2)(B), which makes no mention of it. Although clause (i) of § 924(e)(2)(B) requires a crime to “ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another,” it encompasses not only pure crimes against the person, but also offenses such as rоbbery that, while typically considered to be property crimes, require at least the threatened use of force against another.
See
3 LaFave,
supra,
§ 20.3 (“Robbery requires that the taking be done by means of violence or intimidation.”). At the same time, the exemplar crimes listed in clause (ii) are not necessarily limited to property crimes. Crimes involving the use of explosives, for example, “do[ ] not necessarily require use against property rather than use against a person.”
United States v. West,
Moreover, this Court has previously concluded (albeit prior to
Begay)
that at least some non-property crimes fall within the ambit of the ACCA’s residual clause,
see, e.g., Lynch,
2. Remaining Sentencing Issues
Though we reject Daye’s argument that his convictions for violating Vermont’s sexual assault statute do not count as violent felonies for the purрose of the § 924(e)(2)(B), we nevertheless conclude that remand is necessary to address his contention that the District Court erred in concluding that his prior escape conviction constituted an ACC A violent felony. At the time of Daye’s sentencing hearing, this Court had determined that all convictions for felony escape constituted violent felonies.
See United States v. Jackson,
As a separate matter, we note that, because Daye has three prior convictions for sexually assaulting a child, he may be subject to the § 924(e)(1) mandatory minimum sentence and the U.S.S.G. § 4B1.4 sentencing enhancement regardless whether his escape conviction is a conviction for a violent felony. The District Court, however, did not address this contingency. As a result, it did not make any determination as to whether Daye’s two Lamoille County convictions arose from conduct “committed on occasions different from one another.” 18 U.S.C. § 924(e)(1).
This Court has previously concluded that twо convictions arise from conduct committed on different occasions if they do not “stem[] from the same ‘criminal episode.’ ”
See United States v. Rideout,
Neither the parties nor the District Court have yet addressed the question whether Daye’s two Lamoille County convictions arose from crimes committed on occasions different from one another. The record as to this issue may be incomplete, moreover, given that it was unnecessary to resolve the issue at Daye’s initial sentencing. Because we believe that this issue is appropriately addressed by the District Court in the first instance, we also remand to the District Court for its consideration, if necessary, whether Daye’s two Lamoille County convictions each count as predicate felonies consistent with 18 U.S.C. § 924(e)(1).
CONCLUSION
For the reasons described herein, we conclude that the sexual assault of a child in violation of Vt. Stat. Ann. tit. 13, § 3252(3) (1986) is a violent felony pursuant to 18 U.S.C. § 924(e)(2)(B). Because
*238
the Supreme Court’s intervening decision in
Chambers
may have rendered the District Court’s reliance upon Daye’s escape conviction as an ACCA predicate erroneous, however, and because the District Court has not yet had the occasion to consider whether Daye’s two Lamoille County convictions arose from conduct committed on different occasions, we conclude that this case is appropriately remanded. For this reason, the sentence is VACATED and the case is REMANDED to the District Court for consideration of (1) whether, following
Chambers,
Daye’s escape conviction is a conviction for a violent felony and (2) if necessary in light of its resolution of the first issue, whether Daye’s two Lamoille County convictions stem from conduct committed on different occasions. Should the District Court determine that Daye does not possess three ACCA predicates, we recognize that “the entire knot of calculation” may be undone and a
de novo
resentencing may become necessary.
United States v. Quintieri,
Notes
. The record before this Court does not indicate the statute under which Daye was convicted of escape. The only Vermont criminal statute directly prohibiting such conduct, however, is Vt. Stat. Ann. tit. 13, § 1501.
. In the original Chittenden County criminal proceeding, Daye pled nolo contendere to one count of sexual assault of a child based on the oral sex allegations. In the course of his plea colloquy, Daye appears to have stipulated that the factual basis for his conviction was as detailed in the police affidavit described above.
. Given its apparent reliance upon the escape conviction, the District Court was not required to, and did not, determine at sentencing whether the two Lamoille County convictions arose from crimes committed on occasions different from one another.
. Where the language of a particular statute encompasses both conduct that categorically constitutes a violent felony and conduct that does not, we may in some circumstances “go beyond the mere fact of conviction” to determine whether the crime underlying the conviction constitutes a violent felony,
Taylor,
. Section 3252 has been substantially amended and reorganized twice since Daye’s convictions. Following the first amendment, which took place in 1989, the relevant portion of § 3252 was unchanged. Compare Vt. Stat. Ann. tit. 13, § 3252(3) (1986) (since amended), with id. § 3252(a)(3) (1990) (since amended). A subsequent amendment occurring in 2005, however, added, inter alia, an exemption for consensual sexual acts between a person under the age of nineteen and a child who is at least fifteen. See id. § 3252(c)(2) (2006).
. Sections 3251(1) and 3252 were amended on May 28, 1985. See Act of May 28, 1985, No. 83, sec. 2, § 3252, 1985 Vt. Acts & Resolves 365, 365. As the conduct underlying Daye’s Chittenden County conviction occurred in May 1985, it is likely, although not entirely certain, that he was convicted pursuant to the pre-amendment versions of these provisions. The primary effect of the amendment to § 3252, however, was to limit application of sexual assault's traditional spousal exception. Compare Vt. Stat. Ann. tit. 13, § 3252 (1986) (since amended), with Act of Apr. 23, 1977, No. 51, sec. 1, § 3252, 1977 Vt. Acts & Resolves 145, 145-46. The relevant portion of § 3252 was largely unchangеd. Compare Vt. Stat. Ann. tit. 13, § 3252(3) (1986) (since amended), with Act of Apr. 23, 1977, No. 51, sec. 1, § 3252, 1977 Vt. Acts & Resolves 145, 145-46. Additionally, although the 1985 amendment altered the definition of “sexual act,” its only practical effect was to expand the definition to include digital penetration of an orifice. Compare Vt. Stat. Ann. tit. 13, § 3251(1) (1986) (since amended), with Act of Apr. 23, 1977, No. 51, sec. 1, § 3251(1), 1977 Vt. Acts & Resolves 145, 145. As the 1985 amendment therefore left the relevant portion of § 3252 largely intact and expanded the definition of “sexual act” to encompass arguably less serious conduct, it is not relevant here whether Daye's Chittenden County conviction was pursuant to the preamendment versions of these provisions as our discussion of the post-amendment versions applies a fortiori to the pre-amendment versions.
. At the time of Daye’s convictions, the relevant statute did not specify a minimum age for a perpetrаtor.
See
Vt. Stat. Ann. tit. 13, § 3252(3) (1986) (since amended). We note, however, that an “act of juvenile delinquency” constitutes a violent felony for purposes of the ACCA only if it "involv[es] the use or carrying of a firearm, knife, or destructive device.” 18 U.S.C. § 924(e)(2)(B). An offense constitutes an act of juvenile delinquency if it is adjudicated as such by the applicable state.
See United States v. Lender,
. Section 16 of Title 18 provides in full as follows:
The term “crime of violence” means—
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of аnother may be used in the course of committing the offense.
This definition is employed by a variety of federal criminal provisions.
See, e.g.,
18 U.S.C. § 25 (criminalizing the use of a minor to commit a crime of violence). It arises with particular frequency in the context of removal proceedings.
See, e.g., Blake v. Gonzales,
. Daye contends that any reliance upon cases construing § 16(b) is in error in light of the differences in statutory language between § 924(e)(2)(B)(ii) and § 16(b). Although we recognize that such differences exist and that our рrevious decisions regarding § 16(b) do not control our decision in this case, we still find examination of our previous analysis of § 16(b) to be helpful in applying § 924(e)(2)(B)(ii), particularly in light of the similar standards articulated by the Supreme Court in Leocal and Begay.
. We recognize that our decision in this case may be in some tension with the Ninth Circuit’s decision in
United States v. Christensen,
