C.G.S.A. T. 53a, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Misc Table

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

DERIVATION TABLE

Showing the source of the sections enacted by 1969, P.A. 828, set out in Title 53a by Gen.St., 1969 Supp., and the source of the sections enacted by 1971, P.A. 871, set out in Gen.St., 1971 Supp., from sections of Title 53 and 54 repealed by 1969, P.A. 828, § 214, and 1971, P.A. 871, § 129.

New Title 53a Section	Repealed Section
53a-1	---
53a-2	---
53a-3	---
53a-4	---
53a-5	---
53a-6	---
53a-7	53-17
53a-8	53-44,
	53-85,
	54-196,
	54-197
53a-9	54-196
53a-10	54-196
53a-11	---
53a-12	---
53a-13	54-82a
53a-14	---
53a-15	---
53a-16	---
53a-17	---
53a-18	---
53a-19	---
53a-20	---
53a-21	---
53a-22	---
53a-23	---
53a-24	---
53a-25	---
53a-26	---
53a-27	---
53a-28	54-117,
	54-119
53a-29	54-111,
	54-113,
	54-116
53a-30	54-112
53a-31	54-113
53a-33	54-114
53a-33	---
53a-34	---
53a-35	54-121
53a-36	---
53a-37	53-163
53a-38	---
53a-39	---
53a-40	54-118,
	54-121
53a-41	---
53a-42	---
53a-43	---
53a-44	---
53a-45	53-9,
	53-10,
	54-121
53a-46	---
53a-47	---
53a-48	53-156,
	54-197
53a-49	53-3,
	53-43,
	53-70,
	53-77,
	53-85,
	53-87,
	54-198
53a-50	---
53a-51	53-156
53a-52	---
53a-53	---
53a-54	53-9,
	53-10,
	53-11
53a-55	53-13,
	53-17
53a-56	53-13,
	53-17
53a-57	53-17
53a-58	53-17
53a-59	53-11,
	53-12,
	53-14,
	53-15,
	53-16,
	53-80
53a-60	53-12,
	53-14,
	53-15,
	53-16,
	53-16a,
	53-19,
	53-165,
	53-165a,
	53-165b,
	53-165c,
	53-165d,
	53-207
53a-61	53-15,
	53-16,
	53-33,
	53-207
53a-62	53-45,
	53-174
53a-63	53-18,
	53-208
53a-64	53-18,
	53-208
53a-65	---
53a-66	53-217,
	53-225
53a-67	---
53a-68	---
53a-69	---
53a-70	53-238
53a-71	53-216,
	53-224,
	53-225,
	53-238
53a-72	53-224,
	53-238,
	53-239,
	53-240
53a-73	53-238,
	53-239
53a-74	53-224,
	53-238,
	53-240
53a-75	53-216
53a-76	---
53a-77	53-225
53a-78	53-217
53a-79	---
53a-80	---
53a-81	53-218
53a-82	53-235
53a-83	53-235
53a-84	53-235
53a-85	53-226,
	53-227,
	53-228,
	53-229,
	53-233
53a-86	53-227
53a-87	53-226,
	53-229
53a-88	53-228
53a-89	53-230,
	53-231,
	53-232,
	53-234
53a-90	53-226,
	53-241
53a-91	---
53a-92	53-27
53a-93	53-27
53a-94	53-27
53a-95	---
53a-96	---
53a-97	53-24,
	53-26
53a-98	53-24,
	53-26
53a-99	---
53a-100	53-68,
	53-73,
	53-74
53a-101	53-69,
	53-70,
	53-71,
	53-74,
	53-78,
	53-79
53a-102	53-70,
	53-74,
	53-76
53a-103	53-70,
	53-73,
	53-74,
	53-76,
	53-77
53a-104	---
53a-105	---
53a-106	53-71,
	53-72
53a-107	53-75,
	53-103,
	53-177,
	53-179
53a-108	---
53a-109	53-47,
	53-102,
	53-103,
	53-104,
	53-105,
	53-106,
	53-108,
	53-110,
	53-111,
	53-197
53a-110	---
53a-111	53-11,
	53-45,
	53-82,
	53-83
53a-112	53-11,
	53-82,
	53-83,
	53-86
53a-113	53-82,
	53-85,
	53-87,
	53-124
53a-114	53-82
53a-115	53-42,
	53-46,
	53-49,
	53-50,
	53-62,
	53-81,
	53-81a,
	53-84,
	53-94,
	53-97,
	53-98,
	53-99,
	53-112,
	53-124
53a-116	53-42,
	53-46,
	53-49,
	53-62,
	53-81,
	53-81a,
	53-84,
	53-93,
	53-106,
	53-115,
	53-335
53a-117	53-46,
	53-48,
	53-49,
	53-62,
	53-81,
	53-81a,
	53-84,
	53-91,
	53-92,
	53-95,
	53-96,
	53-104,
	53-105,
	53-108,
	53-109,
	53-110,
	53-111,
	53-113,
	53-116,
	53-118,
	53-119,
	53-120,
	53-121,
	53-122,
	53-125,
	53-126,
	53-127,
	53-195,
	53-196,
	53-197,
	53-214
53a-118	53-65,
	53-117,
	53-354,
	53-355,
	53-357,
	53-358,
	53-359,
	53-360,
	53-364,
	53-371,
	53-376
53a-119	53-40,
	53-56,
	53-57,
	53-58,
	53-59,
	53-61,
	53-62,
	53-63,
	53-64,
	53-65,
	53-80,
	53-117,
	53-260,
	53-354,
	53-355,
	53-357,
	53-358,
	53-359,
	53-360,
	53-362,
	53-367,
	53-374,
	53-375,
	53-379,
	53a-126
53a-120	53-135,
	53-136,
	53-137,
	53-138,
	53-141
53a-121	---
53a-122	53-57,
	53-59,
	53-63,
	53-260,
	53-354,
	53-355,
	53-357,
	53-358,
	53-359,
	53-360,
	53-362,
	53-364,
	53-367,
	53-376
53a-123	53-57,
	53-61,
	53-111,
	53-115,
	53-371
53a-124	53-105
53a-125	53-61,
	53-110,
	53-114,
	53-116,
	53-117,
	53-371,
	53-372,
	53-373,
	53-379
53a-126	53-65
53a-127	53-366
53a-128	53-360,
	53-361
53a-128a	53-380
53a-128b	53-381
53a-128c	53-382
53a-128d	53-383
53a-128e	53-384
53a-128f	53-385
53a-128g	53-386
53a-128h	53-387
53a-128i	53-388
53a-129	53-374,
	53-375
53a-130	53-265
53a-131	---
53a-132	53-364
53a-133	53-14,
	53-28,
	53-67
53a-134	53-14,
	53-28
	53-67
53a-135	53-28,
	53-67
53a-136	53-28,
	53-67
53a-137	53-311,
	53-348,
	53-363
53a-138	53-346,
	53-348
53a-139	53-363
53a-140	53-349,
	53-350
53a-141	---
53a-142	53-64,
	53-311,
	53-348,
	53-353
53a-143	53-352,
	53-353
53a-144	53-352,
	53-353,
	53-372
53a-145	53-352,
	53-353
53a-146	53-144,
	53-148
53a-147	53-147,
	53-149,
	53-150,
	53-261
53a-148	53-147,
	53-149,
	53-150,
	53-261,
	53-262
53a-149	53-148
53a-150	53-148
53a-151	53-148
53a-152	53-144
53a-153	---
53a-154	53-144,
	53-146
53a-155	---
53a-156	53-143
53a-157	53-143
53a-158	---
53a-159	---
53a-160	53-266,
	53-267,
	53-268
53a-161	53-262,
	53-266,
	53-267,
	53-268
53a-162	53-287
53a-163	53-288
53a-164	---
53a-165	---
53a-166	---
53a-167	---
53a-167a	53-165
53a-167b	53-165a
53a-168	53-160,
	53-166
	53-167
53a-169	53-155,
	53-160
	53-167
53a-170	53-158
53a-171	53-157,
	53-161,
	53-162,
	53-167
53a-171a	53-166
53a-172	53-154
53a-173	53-154
53a-174	53-162a
53a-174a	---
53a-175	53-167a
53a-176	---
53a-177	---
53a-178	53-7,
	53-167a
53a-179	53-1,
	53-2,
	53-4,
	53-5,
	53-6
53a-179a	53-165b,
	53-165c
	53-165d
53a-179b	53-165b,
	53-165c
	53-165d
53a-179c	53-165b,
	53-165c
	53-165d
53a-180	53-168,
	53-176
53a-181	53-174,
	53-195,
	53-196,
	53-209
53a-182	53-172,
	53-174,
	53-175,
	53-179,
	53-180,
	53-183,
	53-184,
	53-185,
	53-186,
	53-195,
	53-196,
	53-209
53a-183	53-174a
53a-184	53-246
53a-185	53-177
53a-186	53-220
53a-187	---
53a-188	---
53a-189	---
53a-190	53-221
53a-191	53-223
53a-192	---
53a-193	53-243,
	53-244a,
	53-245
53a-194	53-243,
	53-245
53a-195	53-243,
	53-243a
53a-196	53-243
53a-197	53-244
53a-198	53-244
53a-199	53-244b
53a-200	53-244c
53a-201	53-244d
53a-202	53-244e
53a-203	53-244f
53a-204	53-244g
53a-205	53-244h
53a-206	53-244i
53a-207	53-244j
53a-208	53-244k
53a-209	53-244l
53a-210	53-244m

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 950, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 950. Penal Code: General Provisions

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-1

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 950. Penal Code: General Provisions (Refs & Annos)

§ 53a-1. Short title: Penal Code

This title shall be known as the “Penal Code”.

CREDIT(S)

(1969, P.A. 828, § 1, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-2

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 950. Penal Code: General Provisions (Refs & Annos)

§ 53a-2. Application and scope

The provisions of this title shall apply to any offense defined in this title or the general statutes, unless otherwise expressly provided or unless the context otherwise requires, and committed on or after October 1, 1971, and to any defense to prosecution for such an offense.

CREDIT(S)

(1969, P.A. 828, § 2, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-3

Effective: July 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 950. Penal Code: General Provisions (Refs & Annos)

§ 53a-3. Definitions

Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(1) “Person” means a human being, and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, a government or a governmental instrumentality;

(2) “Possess” means to have physical possession or otherwise to exercise dominion or control over tangible property;

(3) “Physical injury” means impairment of physical condition or pain;

(4) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ;

(5) “Deadly physical force” means physical force which can be reasonably expected to cause death or serious physical injury;

(6) “Deadly weapon” means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. The definition of “deadly weapon” in this subdivision shall be deemed not to apply to section 29-38 or 53-206;

(7) “Dangerous instrument” means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a “vehicle” as that term is defined in this section and includes a dog that has been commanded to attack, except a dog owned by a law enforcement agency of the state or any political subdivision thereof or of the federal government when such dog is in the performance of its duties under the direct supervision, care and control of an assigned law enforcement officer;

(8) “Vehicle” means a “motor vehicle” as defined in section 14-1, a snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail;

(9) “Peace officer” means a member of the Division of State Police within the Department of Emergency Services and Public Protection or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19, an adult probation officer, an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the office of the State Treasurer or any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code; [FN1]

(10) “Firefighter” means any agent of a municipality whose duty it is to protect life and property therein as a member of a duly constituted fire department whether professional or volunteer;

(11) A person acts “intentionally” with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct;

(12) A person acts “knowingly” with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists;

(13) A person acts “recklessly” with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation;

(14) A person acts with “criminal negligence” with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation;

(15) “Machine gun” means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun;

(16) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

(17) “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(18) “Pistol” or “revolver” means any firearm having a barrel less than twelve inches;

(19) “Firearm” means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

(20) “Electronic defense weapon” means a weapon which by electronic impulse or current is capable of immobilizing a person temporarily, but is not capable of inflicting death or serious physical injury, including a stun gun or other conductive energy device;

(21) “Martial arts weapon” means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or chinese star;

(22) “Employee of an emergency medical service organization” means an ambulance driver, emergency medical technician or paramedic as defined in section 19a-175;

(23) “Railroad property” means all tangible property owned, leased or operated by a railroad carrier including, but not limited to, a right-of-way, track, roadbed, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal or any other structure or appurtenance or equipment owned, leased or used in the operation of a railroad carrier including a train, locomotive, engine, railroad car, signals or safety device or work equipment or rolling stock.

CREDIT(S)

(1969, P.A. 828, § 3, eff. Oct. 1, 1971; 1971, P.A. 871, § 1; 1972, P.A. 188, § 3; 1973, P.A. 73-295; 1973, P.A. 73-639, § 1; 1974, P.A. 74-180; 1974, P.A. 74-186, § 8, eff. May 13, 1974; 1975, P.A. 75-283; 1975, P.A. 75-380, § 1; 1976, P.A. 76-111, § 9; 1977, P.A. 77-604, § 38, eff. July 6, 1977; 1977, P.A. 77-614, § 486, eff. Jan. 1, 1979; 1980, P.A. 80-308; 1980, P.A. 80-394, § 8, eff. May 30, 1980; 1985, P.A. 85-602, § 3, eff. July 8, 1985; 1986, P.A. 86-280, § 2; 1986, P.A. 86-287, § 2; 1990, P.A. 90-157, § 1; 1991, P.A. 91-171, § 1, eff. Oct. 1, 1991; 1994, May 25 Sp.Sess., P.A. 94-1, § 98, eff. July 1, 1994; 1995, P.A. 95-79, § 182, eff. May 31, 1995; 1995, P.A. 95-277, § 13, eff. June 29, 1995; 1996, P.A. 96-243, § 7, eff. June 6, 1996; 2000, P.A. 00-149, § 1; 2000, P.A. 00-99, § 5, eff. Dec. 1, 2000; 2001, P.A. 01-84, § 9, eff. July 1, 2001; 2002, P.A. 02-132, § 29; 2007, P.A. 07-123, § 6; 2011, P.A. 11-51, § 134(a), eff. July 1, 2011.)

[FN1] 21 U.S.C.A. § 1 et seq.

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 951, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-4

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-4. Saving clause

The provisions of this chapter shall not be construed as precluding any court from recognizing other principles of criminal liability or other defenses not inconsistent with such provisions.

CREDIT(S)

(1969, P.A. 828, § 4, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-5

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-5. Criminal liability; mental state required

When the commission of an offense defined in this title, or some element of an offense, requires a particular mental state, such mental state is ordinarily designated in the statute defining the offense by use of the terms “intentionally”, “knowingly”, “recklessly” or “criminal negligence”, or by use of terms, such as “with intent to defraud” and “knowing it to be false”, describing a specific kind of intent or knowledge. When one and only one of such terms appears in a statute defining an offense, it is presumed to apply to every element of the offense unless an intent to limit its application clearly appears.

CREDIT(S)

(1969, P.A. 828, § 5, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-6

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-6. Effect of ignorance or mistake

(a) A person shall not be relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact, unless: (1) Such factual mistake negates the mental state required for the commission of an offense; or (2) the statute defining the offense or a statute related thereto expressly provides that such factual mistake constitutes a defense or exemption; or (3) such factual mistake is of a kind that supports a defense of justification.

(b) A person shall not be relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless (1) the law provides that the state of mind established by such mistaken belief constitutes a defense, or unless (2) such mistaken belief is founded upon an official statement of law contained in a statute or other enactment, an administrative order or grant of permission, a judicial decision of a state or federal court, or an interpretation of the statute or law relating to the offense, officially made or issued by a public servant, agency or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such statute or law.

CREDIT(S)

(1969, P.A. 828, § 6, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-7

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-7. Effect of intoxication

Intoxication shall not be a defense to a criminal charge, but in any prosecution for an offense evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate an element of the crime charged, provided when recklessness or criminal negligence is an element of the crime charged, if the actor, due to self-induced intoxication, is unaware of or disregards or fails to perceive a risk which he would have been aware of had he not been intoxicated, such unawareness, disregard or failure to perceive shall be immaterial. As used in this section, “intoxication” means a substantial disturbance of mental or physical capacities resulting from the introduction of substances into the body.

CREDIT(S)

(1969, P.A. 828, § 7, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-8

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-8. Criminal liability for acts of another

(a) A person, acting with the mental state required for commission of an offense, who solicits, requests, commands, importunes or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable for such conduct and may be prosecuted and punished as if he were the principal offender.

(b) A person who sells, delivers or provides any firearm, as defined in subdivision (19) of section 53a-3, to another person to engage in conduct which constitutes an offense knowing or under circumstances in which he should know that such other person intends to use such firearm in such conduct shall be criminally liable for such conduct and shall be prosecuted and punished as if he were the principal offender.

CREDIT(S)

(1969, P.A. 828, § 8, eff. Oct. 1, 1971; 1971, P.A. 871, § 2; 1992, June Sp.Sess., P.A. 92-2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-9

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-9. Lack of criminal responsibility; absence of prosecution or conviction not a defense

In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8 it shall not be a defense that: (1) Such other person is not guilty of the offense in question because of lack of criminal responsibility or legal capacity or awareness of the criminal nature of the conduct in question or of the defendant's criminal purpose or because of other factors precluding the mental state required for the commission of the offense in question; or (2) such other person has not been prosecuted for or convicted of any offense based upon the conduct in question, or has been acquitted thereof, or has legal immunity from prosecution therefor; or (3) the offense in question, as defined, can be committed only by a particular class or classes of persons, and the defendant, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

CREDIT(S)

(1969, P.A. 828, § 9, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-10

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-10. Defense

(a) In any prosecution in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8, it shall be a defense that the defendant terminated his complicity prior to the commission of the offense under circumstances: (1) Wholly depriving it of effectiveness in the commission of the offense, and (2) manifesting a complete and voluntary renunciation of his criminal purpose.

(b) For purposes of this section, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

CREDIT(S)

(1969, P.A. 828, § 10, eff. Oct. 1, 1971; 1971, P.A. 871, § 3.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-11

Effective: May 10, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-11. Criminal liability of individual for conduct in name of or on behalf of corporation or limited liability company

A person shall be criminally liable for conduct constituting an offense which such person performs or causes to be performed in the name of or on behalf of a corporation or limited liability company to the same extent as if such conduct were performed in such person's own name or on such person's behalf.

CREDIT(S)

(1969, P.A. 828, § 11, eff. Oct. 1, 1971; 2000, P.A. 00-11; 2010, P.A. 10-32, § 151, eff. May 10, 2010.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-12

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-12. Defenses; burden of proof

(a) When a defense other than an affirmative defense, is raised at a trial, the state shall have the burden of disproving such defense beyond a reasonable doubt.

(b) When a defense declared to be an affirmative defense is raised at a trial, the defendant shall have the burden of establishing such defense by a preponderance of the evidence.

CREDIT(S)

(1969, P.A. 828, § 12, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-13

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-13. Lack of capacity due to mental disease or defect as affirmative defense

(a) In any prosecution for an offense, it shall be an affirmative defense that the defendant, at the time he committed the proscribed act or acts, lacked substantial capacity, as a result of mental disease or defect, either to appreciate the wrongfulness of his conduct or to control his conduct within the requirements of the law.

(b) It shall not be a defense under this section if such mental disease or defect was proximately caused by the voluntary ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or any combination thereof, unless such drug was prescribed for the defendant by a prescribing practitioner, as defined in subdivision (22) of section 20-571, and was used in accordance with the directions of such prescription.

(c) As used in this section, the terms mental disease or defect do not include (1) an abnormality manifested only by repeated criminal or otherwise antisocial conduct or (2) pathological or compulsive gambling.

CREDIT(S)

(1969, P.A. 828, § 13, eff. Oct. 1, 1971; 1979, P.A. 79-49; 1981, P.A. 81-301, § 1; 1983, P.A. 83-486, § 1; 1995, P.A. 95-264, § 64.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-14

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-14. Duress as defense

In any prosecution for an offense, it shall be a defense that the defendant engaged in the proscribed conduct because he was coerced by the use or threatened imminent use of physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would have been unable to resist. The defense of duress as defined in this section shall not be available to a person who intentionally or recklessly places himself in a situation in which it is probable that he will be subjected to duress.

CREDIT(S)

(1969, P.A. 828, § 14, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-15

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-15. Entrapment as defense

In any prosecution for an offense, it shall be a defense that the defendant engaged in the proscribed conduct because he was induced to do so by a public servant, or by a person acting in cooperation with a public servant, for the purpose of institution of criminal prosecution against the defendant, and that the defendant did not contemplate and would not otherwise have engaged in such conduct.

CREDIT(S)

(1969, P.A. 828, § 15, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-16

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-16. Justification as defense

In any prosecution for an offense, justification, as defined in sections 53a-17 to 53a-23, inclusive, shall be a defense.

CREDIT(S)

(1969, P.A. 828, § 16, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-16a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-16a. Affirmative defense in certain situations involving firearms; exceptions

In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a, it shall be an affirmative defense that the pistol, revolver, rifle, shotgun, machine gun or other firearm was not a weapon from which a shot could be discharged, but it shall not be an affirmative defense to any prosecution under section 53a-55, 53a-56, 53a-60, 53a-92, 53a-94, 53a-102 or 53a-103.

CREDIT(S)

(1975, P.A. 75-380, § 2; 1981, P.A. 81-27, § 4; 1992, P.A. 92-260, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-16b

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-16b. Affirmative defense of coparticipant to offense with firearm

In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a in which the defendant was not the only participant, it shall be an affirmative defense that the defendant: (1) Was not armed with a pistol, revolver, machine gun, shotgun, rifle or other firearm, and (2) had no reasonable ground to believe that any other participant was armed with such a weapon.

CREDIT(S)

(1975, P.A. 75-380, § 13; 1992, P.A. 92-260, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-17

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-17. Conduct required or authorized by law or judicial decree

Unless inconsistent with any provision of this chapter defining justifiable use of physical force, or with any other provision of law, conduct which would otherwise constitute an offense is justifiable when such conduct is required or authorized by a provision of law or by a judicial decree, including but not limited to (1) laws defining duties and functions of public servants, (2) laws defining duties of private citizens to assist public servants in the performance of certain of their functions, (3) laws governing the execution of legal process, (4) laws governing the military services and the conduct of war, and (5) judgments and orders of courts.

CREDIT(S)

(1969, P.A. 828, § 17, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-18

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-18. Use of reasonable physical force or deadly physical force generally

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(1) A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person, except a person entrusted with the care and supervision of a minor for school purposes as described in subdivision (6) of this section, may use reasonable physical force upon such minor or incompetent person when and to the extent that he reasonably believes such to be necessary to maintain discipline or to promote the welfare of such minor or incompetent person.

(2) An authorized official of a correctional institution or facility may, in order to maintain order and discipline, use such physical force as is reasonable and authorized by the rules and regulations of the Department of Correction.

(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction, may use reasonable physical force when and to the extent that he reasonably believes such to be necessary to maintain order, but he may use deadly physical force only when he reasonably believes such to be necessary to prevent death or serious physical injury.

(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use reasonable physical force upon such person to the extent that he reasonably believes such to be necessary to thwart such result.

(5) A duly licensed physician or psychologist, or a person acting under his direction, may use reasonable physical force for the purpose of administering a recognized form of treatment which he reasonably believes to be adapted to promoting the physical or mental health of the patient, provided the treatment (A) is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision, or (B) is administered in an emergency when the physician or psychologist reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

(6) A teacher or other person entrusted with the care and supervision of a minor for school purposes may use reasonable physical force upon such minor when and to the extent he reasonably believes such to be necessary to (A) protect himself or others from immediate physical injury, (B) obtain possession of a dangerous instrument or controlled substance, as defined in subdivision (9) of section 21a-240, upon or within the control of such minor, (C) protect property from physical damage or (D) restrain such minor or remove such minor to another area, to maintain order.

CREDIT(S)

(1969, P.A. 828, § 18, eff. Oct. 1, 1971; 1971, P.A. 871, § 4; 1973, P.A. 73-205, § 6; 1989, P.A. 89-186, § 1, eff. July 1, 1989; 1990, P.A. 90-43; 1992, P.A. 92-260, § 3.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-19

Effective: July 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-19. Use of physical force in defense of person

(a) Except as provided in subsections (b) and (c) of this section, a person is justified in using reasonable physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force, and he may use such degree of force which he reasonably believes to be necessary for such purpose; except that deadly physical force may not be used unless the actor reasonably believes that such other person is (1) using or about to use deadly physical force, or (2) inflicting or about to inflict great bodily harm.

(b) Notwithstanding the provisions of subsection (a) of this section, a person is not justified in using deadly physical force upon another person if he or she knows that he or she can avoid the necessity of using such force with complete safety (1) by retreating, except that the actor shall not be required to retreat if he or she is in his or her dwelling, as defined in section 53a-100, or place of work and was not the initial aggressor, or if he or she is a peace officer, a special policeman appointed under section 29-18b, or a motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d, or a private person assisting such peace officer, special policeman or motor vehicle inspector at his or her direction, and acting pursuant to section 53a-22, or (2) by surrendering possession of property to a person asserting a claim of right thereto, or (3) by complying with a demand that he or she abstain from performing an act which he or she is not obliged to perform.

(c) Notwithstanding the provisions of subsection (a) of this section, a person is not justified in using physical force when (1) with intent to cause physical injury or death to another person, he provokes the use of physical force by such other person, or (2) he is the initial aggressor, except that his use of physical force upon another person under such circumstances is justifiable if he withdraws from the encounter and effectively communicates to such other person his intent to do so, but such other person notwithstanding continues or threatens the use of physical force, or (3) the physical force involved was the product of a combat by agreement not specifically authorized by law.

CREDIT(S)

(1969, P.A. 828, § 19, eff. Oct. 1, 1971; 1971, P.A. 871, § 5; 1992, P.A. 92-260, § 4; 2005, P.A. 05-180, § 1; 2006, P.A. 06-196, § 184, eff. June 7, 2006; 2008, P.A. 08-150, § 49; 2010, P.A. 10-36, § 15, eff. July 1, 2010.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-20

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-20. Use of physical force in defense of premises

A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises, is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of a criminal trespass by such other person in or upon such premises; but he may use deadly physical force under such circumstances only (1) in defense of a person as prescribed in section 53a-19, or (2) when he reasonably believes such to be necessary to prevent an attempt by the trespasser to commit arson or any crime of violence, or (3) to the extent that he reasonably believes such to be necessary to prevent or terminate an unlawful entry by force into his dwelling as defined in section 53a-100, or place of work, and for the sole purpose of such prevention or termination.

CREDIT(S)

(1969, P.A. 828, § 20, eff. Oct. 1, 1971; 1971, P.A. 871, § 6; 1973, P.A. 73-639, § 2; 1992, P.A. 92-260, § 5.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-21

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-21. Use of physical force in defense of property

A person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent an attempt by such other person to commit larceny or criminal mischief involving property, or when and to the extent he reasonably believes such to be necessary to regain property which he reasonably believes to have been acquired by larceny within a reasonable time prior to the use of such force; but he may use deadly physical force under such circumstances only in defense of person as prescribed in section 53a-19.

CREDIT(S)

(1969, P.A. 828, § 21, eff. Oct. 1, 1971; 1971, P.A. 871, § 7; 1992, P.A. 92-260, § 6.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-22

Effective: July 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-22. Use of physical force in making arrest or preventing escape

(a) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of physical force to make an arrest or to prevent an escape from custody. A peace officer, special policeman appointed under section 29-18b, motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d or authorized official of the Department of Correction or the Board of Pardons and Paroles who is effecting an arrest pursuant to a warrant or preventing an escape from custody is justified in using the physical force prescribed in subsections (b) and (c) of this section unless such warrant is invalid and is known by such officer to be invalid.

(b) Except as provided in subsection (a) of this section, a peace officer, special policeman appointed under section 29-18b, motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d or authorized official of the Department of Correction or the Board of Pardons and Paroles is justified in using physical force upon another person when and to the extent that he or she reasonably believes such to be necessary to: (1) Effect an arrest or prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense, unless he or she knows that the arrest or custody is unauthorized; or (2) defend himself or herself or a third person from the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.

(c) A peace officer, special policeman appointed under section 29-18b, motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d or authorized official of the Department of Correction or the Board of Pardons and Paroles is justified in using deadly physical force upon another person for the purposes specified in subsection (b) of this section only when he or she reasonably believes such to be necessary to: (1) Defend himself or herself or a third person from the use or imminent use of deadly physical force; or (2) effect an arrest or prevent the escape from custody of a person whom he or she reasonably believes has committed or attempted to commit a felony which involved the infliction or threatened infliction of serious physical injury and if, where feasible, he or she has given warning of his or her intent to use deadly physical force.

(d) Except as provided in subsection (e) of this section, a person who has been directed by a peace officer, special policeman appointed under section 29-18b, motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d or authorized official of the Department of Correction or the Board of Pardons and Paroles to assist such peace officer, special policeman, motor vehicle inspector or official to effect an arrest or to prevent an escape from custody is justified in using reasonable physical force when and to the extent that he or she reasonably believes such to be necessary to carry out such peace officer's, special policeman's, motor vehicle inspector's or official's direction.

(e) A person who has been directed to assist a peace officer, special policeman appointed under section 29-18b, motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d or authorized official of the Department of Correction or the Board of Pardons and Paroles under circumstances specified in subsection (d) of this section may use deadly physical force to effect an arrest or to prevent an escape from custody only when: (1) He or she reasonably believes such to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force; or (2) he or she is directed or authorized by such peace officer, special policeman, motor vehicle inspector or official to use deadly physical force, unless he or she knows that the peace officer, special policeman, motor vehicle inspector or official himself or herself is not authorized to use deadly physical force under the circumstances.

(f) A private person acting on his or her own account is justified in using reasonable physical force upon another person when and to the extent that he or she reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he or she reasonably believes to have committed an offense and who in fact has committed such offense; but he or she is not justified in using deadly physical force in such circumstances, except in defense of person as prescribed in section 53a-19.

CREDIT(S)

(1969, P.A. 828, § 23, eff. Oct. 1, 1971; 1971, P.A. 826, § 1; 1971, P.A. 871, § 8; 1986, P.A. 86-231; 1986, P.A. 86-403, § 87, eff. June 11, 1986; 1992, P.A. 92-260, § 7; 1994, May Sp.Sess., P.A. 94-6, § 23, eff. July 1, 1994; 2004, P.A. 04-257, § 119, eff. June 14, 2004; 2005, P.A. 05-108, § 6, eff. June 7, 2005; 2005, P.A. 05-180, § 2; 2008, P.A. 08-150, § 50; 2010, P.A. 10-36, § 16, eff. July 1, 2010.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-23

Effective: July 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 951. Penal Code: Statutory Construction; Principles of Criminal Liability (Refs & Annos)

§ 53a-23. Use of physical force to resist arrest not justified

A person is not justified in using physical force to resist an arrest by a reasonably identifiable peace officer, special policeman appointed under section 29-18b or motor vehicle inspector designated under section 14-8 and certified pursuant to section 7-294d, whether such arrest is legal or illegal.

CREDIT(S)

(1969, P.A. 828, § 22, eff. Oct. 1, 1971; 1971, P.A. 871, § 9; 2005, P.A. 05-180, § 3; 2008, P.A. 08-150, § 51; 2010, P.A. 10-36, § 17, eff. July 1, 2010.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 952, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 952. Penal Code: Offenses

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-24

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part I. Definition and Classification

§ 53a-24. Offense defined. Application of sentencing provisions to motor vehicle and drug selling violators

(a) The term “offense” means any crime or violation which constitutes a breach of any law of this state or any other state, federal law or local law or ordinance of a political subdivision of this state, for which a sentence to a term of imprisonment or to a fine, or both, may be imposed, except one that defines a motor vehicle violation or is deemed to be an infraction. The term “crime” comprises felonies and misdemeanors. Every offense which is not a “crime” is a “violation”. Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.

(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of sections 53a-28 to 53a-44, inclusive, shall apply to motor vehicle violations. Said provisions shall apply to convictions under section 21a-278 except that the execution of any mandatory minimum sentence imposed under the provisions of said section may not be suspended.

CREDIT(S)

(1969, P.A. 828, § 24, eff. Oct. 1, 1971; 1972, P.A. 294, § 39; 1975, P.A. 75-380, § 15; 1975, P.A. 75-577, § 8, eff. Nov. 1, 1975; 1992, P.A. 92-260, § 8.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-25

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part I. Definition and Classification

§ 53a-25. Felony: Definition, classification, designation

(a) An offense for which a person may be sentenced to a term of imprisonment in excess of one year is a felony.

(b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C, (4) class D, (5) unclassified and (6) capital felonies under the provisions of section 53a-54b in effect prior to April 25, 2012.

(c) The particular classification of each felony defined in this chapter is expressly designated in the section defining it. Any offense defined in any other section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall be deemed an unclassified felony.

CREDIT(S)

(1969, P.A. 828, § 25, eff. Oct. 1, 1971; 1973, P.A. 73-137, § 6; 1992, P.A. 92-260, § 9; 2012, P.A. 12-5, § 17, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-26

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part I. Definition and Classification

§ 53a-26. Misdemeanor: Definition, classification, designation

(a) An offense for which a person may be sentenced to a term of imprisonment of not more than one year is a misdemeanor.

(b) Misdemeanors are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C, (4) class D, and (5) unclassified.

(c) The particular classification of each misdemeanor defined in this chapter is expressly designated in the section defining it.

(d) Any offense defined in any section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) of this section, but for which a particular classification is not expressly designated, shall be deemed: (1) A class A misdemeanor if the maximum term of imprisonment specified is one year; (2) a class B misdemeanor if the maximum term of imprisonment specified is six months; (3) a class C misdemeanor if the maximum term of imprisonment specified is three months; (4) a class D misdemeanor if the maximum term of imprisonment specified is thirty days; and (5) an unclassified misdemeanor if the maximum term of imprisonment specified is a term other than a term set forth in subdivision (1), (2), (3) or (4) of this subsection.

CREDIT(S)

(1969, P.A. 828, § 26, eff. Oct. 1, 1971; 1992, P.A. 92-260, § 10; 2012, P.A. 12-80, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-27

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part I. Definition and Classification

§ 53a-27. Violation: Definition, designation

(a) An offense, for which the only sentence authorized is a fine, is a violation unless expressly designated an infraction.

(b) Every violation defined in this chapter is expressly designated as such. Any offense defined in any other section which is not expressly designated a violation or infraction shall be deemed a violation if, notwithstanding any other express designation, it is within the definition set forth in subsection (a).

CREDIT(S)

(1969, P.A. 828, § 27, eff. Oct. 1, 1971; 1975, P.A. 75-577, § 4, eff. Nov. 1, 1975.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 952, Pt. II, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 952. Penal Code: Offenses

Part II. Sentences and Sentencing Procedure

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-28

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-28. Authorized sentences

(a) Except as provided in section 17a-699 and chapter 420b, [FN1] to the extent that the provisions of said section and chapter are inconsistent herewith, every person convicted of an offense shall be sentenced in accordance with this title.

(b) Except as provided in section 53a-46a, when a person is convicted of an offense, the court shall impose one of the following sentences: (1) A term of imprisonment; or (2) a sentence authorized by section 18-65a or 18-73; or (3) a fine; or (4) a term of imprisonment and a fine; or (5) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a period of probation or a period of conditional discharge; or (7) a fine and a sentence authorized by section 18-65a or 18-73; or (8) a sentence of unconditional discharge; or (9) a term of imprisonment and a period of special parole as provided in section 54-125e.

(c) In addition to any sentence imposed pursuant to subsection (b) of this section, if (1) a person is convicted of an offense that resulted in injury to another person or damage to or loss of property, (2) the victim requests financial restitution, and (3) the court finds that the victim has suffered injury or damage to or loss of property as a result of such offense, the court shall order the offender to make financial restitution under terms that it determines are appropriate. In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the offender; (B) the offender's ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offender's current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms. The court shall articulate its findings on the record with respect to each of the factors set forth in subparagraphs (A) to (D), inclusive, of this subsection. Restitution ordered by the court pursuant to this subsection shall be based on easily ascertainable damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses, but may include the costs of counseling reasonably related to the offense. Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court containing the amount of damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury as ascertained by the court. The order of the court shall direct that a certified copy of the order be delivered by certified mail to the victim and contain an advisement to the victim that the order is enforceable as a judgment in a civil action as provided in section 53a-28a.

(d) A sentence to a period of probation or conditional discharge in accordance with sections 53a-29 to 53a-34, inclusive, shall be deemed a revocable disposition, in that such sentence shall be tentative to the extent that it may be altered or revoked in accordance with said sections but for all other purposes it shall be deemed to be a final judgment of conviction.

(e) When sentencing a person to a period of probation who has been convicted of (1) a misdemeanor that did not involve the use, attempted use or threatened use of physical force against another person or (2) a motor vehicle violation for which a sentence to a term of imprisonment may be imposed, the court shall consider, as a condition of such sentence of probation, ordering the person to perform community service in the community in which the offense or violation occurred. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section 51-181c if the offense or violation occurred within the jurisdiction of a community court established by said section.

(f) When sentencing a person to a period of probation who is or has been subject to a protective order, the court may issue a protective order that is effective during such period of probation.

CREDIT(S)

(1969, P.A. 828, § 28, eff. Oct. 1, 1971; 1971, P.A. 871, § 10; 1973, P.A. 73-137, § 7; 1973, P.A. 73-639, § 3; 1975, P.A. 75-633, § 4; 1992, P.A. 92-260, § 11; 1995, P.A. 95-175, § 1; 1997, P.A. 97-199, § 1, eff. July 1, 1997; 1998, P.A. 98-234, § 2; 2000, P.A. 00-196, § 38; 2001, P.A. 01-211, § 13; 2003, P.A. 03-19, § 125, eff. May 12, 2003; 2010, P.A. 10-144, § 8; 2012, P.A. 12-114, § 20.)

[FN1] C.G.S.A. § 21a-240 et seq.

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-28a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-28a. Enforcement of orders of financial restitution

All financial obligations ordered pursuant to subsection (c) of section 53a-28 may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the obligation is owed. Such obligations may be enforced at any time during the ten-year period following the offender's release from confinement or within ten years of the entry of the order and sentence, whichever is longer.

CREDIT(S)

(1995, P.A. 95-175, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-29

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-29. Probation and conditional discharge: Criteria; periods; continuation or termination

(a) The court may sentence a person to a period of probation upon conviction of any crime, other than a class A felony, if it is of the opinion that: (1) Present or extended institutional confinement of the defendant is not necessary for the protection of the public; (2) the defendant is in need of guidance, training or assistance which, in the defendant's case, can be effectively administered through probation supervision; and (3) such disposition is not inconsistent with the ends of justice.

(b) The court may impose a sentence of conditional discharge for an offense, other than a class A felony, if it is of the opinion that: (1) Present or extended institutional confinement of the defendant is not necessary for the protection of the public; and (2) probation supervision is not appropriate.

(c) When the court imposes a sentence of conditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed but shall be subject, during the period of such conditional discharge, to such conditions as the court may determine. The court shall impose the period of conditional discharge authorized by subsection (d) of this section and shall specify, in accordance with section 53a-30, the conditions to be complied with. When a person is sentenced to a period of probation, the court shall impose the period authorized by subsection (d), (e) or (f) of this section and may impose any conditions authorized by section 53a-30. When a person is sentenced to a period of probation, such person shall pay to the court a fee of two hundred dollars and shall be placed under the supervision of the Court Support Services Division, provided, if such person is sentenced to a term of imprisonment the execution of which is not suspended entirely, payment of such fee shall not be required until such person is released from confinement and begins the period of probation supervision.

(d) Except as provided in subsection (f) of this section, the period of probation or conditional discharge, unless terminated sooner as provided in section 53a-32 or 53a-33, shall be as follows: (1) For a class B felony, not more than five years; (2) for a class C or D felony or an unclassified felony, not more than three years; (3) for a class A misdemeanor, not more than two years; (4) for a class B, C or D misdemeanor, not more than one year; and (5) for an unclassified misdemeanor, not more than one year if the authorized sentence of imprisonment is six months or less, or not more than two years if the authorized sentence of imprisonment is in excess of six months, or where the defendant is charged with failure to provide subsistence for dependents, a determinate or indeterminate period.

(e) Notwithstanding the provisions of subsection (d) of this section, the court may, in its discretion, on a case by case basis, sentence a person to a period of probation which period, unless terminated sooner as provided in section 53a-32 or 53a-33, shall be as follows: (1) For a class C or D felony or an unclassified felony, not more than five years; (2) for a class A misdemeanor, not more than three years; and (3) for a class B misdemeanor, not more than two years.

(f) The period of probation, unless terminated sooner as provided in section 53a-32, shall be not less than ten years or more than thirty-five years for conviction of a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f.

(g) Whenever the court sentences a person, on or after October 1, 2008, to a period of probation of more than two years for a class C or D felony or an unclassified felony or more than one year for a class A or B misdemeanor, the probation officer supervising such person shall submit a report to the sentencing court, the state's attorney and the attorney of record, if any, for such person, not later than sixty days prior to the date such person completes two years of such person's period of probation for such felony or one year of such person's period of probation for such misdemeanor setting forth such person's progress in addressing such person's assessed needs and complying with the conditions of such person's probation. The probation officer shall recommend, in accordance with guidelines developed by the Judicial Branch, whether such person's sentence of probation should be continued for the duration of the original period of probation or be terminated. If such person is serving a period of probation concurrent with another period of probation, the probation officer shall submit a report only when such person becomes eligible for termination of the period of probation with the latest return date, at which time all of such person's probation cases shall be presented to the court for review. Not later than sixty days after receipt of such report, the sentencing court shall continue the sentence of probation or terminate the sentence of probation. Notwithstanding the provisions of section 53a-32, the parties may agree to waive the requirement of a court hearing. The Court Support Services Division shall establish within its policy and procedures a requirement that any victim be notified whenever a person's sentence of probation may be terminated pursuant to this subsection. The sentencing court shall permit such victim to appear before the sentencing court for the purpose of making a statement for the record concerning whether such person's sentence of probation should be terminated. In lieu of such appearance, the victim may submit a written statement to the sentencing court and the sentencing court shall make such statement a part of the record. Prior to ordering that such person's sentence of probation be continued or terminated, the sentencing court shall consider the statement made or submitted by such victim.

(h) For the purposes of this section, a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony.

CREDIT(S)

(1969, P.A. 828, § 29, eff. Oct. 1, 1971; 1971, P.A. 871, §§ 124, 129; 1979, P.A. 79-585, § 8, eff. July 1, 1979; 1989, P.A. 89-219, § 6, eff. July 1, 1989; 1992, P.A. 92-260, § 12; 1993, P.A. 93-340, § 12, eff. July 1, 1993; 1995, P.A. 95-142, § 2; 2001, P.A. 01-84, § 14, eff. July 1, 2001; 2002, P.A. 02-132, § 30; 2004, P.A. 04-139, § 8; 2005, P.A. 05-288, § 181, eff. July 13, 2005; 2008, P.A. 08-102, § 1; 2009, P.A. 09-84, § 1; 2010, P.A. 10-43, § 19; 2012, P.A. 12-80, § 4; 2012, P.A. 12-133, § 18.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-30

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-30. Conditions of probation and conditional discharge

(a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, register such person's identifying factors, as defined in section 54-250, with the Commissioner of Emergency Services and Public Protection when required pursuant to section 54-251, 54-252 or 54-253, as the case may be; (14) be subject to electronic monitoring, which may include the use of a global positioning system; (15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education program; (16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant; or (17) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.

(b) When a defendant has been sentenced to a period of probation, the Court Support Services Division may require that the defendant comply with any or all conditions which the court could have imposed under subsection (a) of this section which are not inconsistent with any condition actually imposed by the court.

(c) At any time during the period of probation or conditional discharge, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.

(d) The period of participation in an alternate incarceration program, unless terminated sooner, shall not exceed the period of probation authorized by section 53a-29 or two years, whichever is less.

(e) The court may require that the person subject to electronic monitoring pursuant to subsection (a) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. Any contract entered into by the Judicial Branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed six dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.

CREDIT(S)

(1969, P.A. 828, § 30, eff. Oct. 1, 1971; 1971, P.A. 781, § 1; 1973, P.A. 73-231; 1978, P.A. 78-188, § 4, eff. July 1, 1978; 1979, P.A. 79-585, § 9, eff. July 1, 1979; 1982, P.A. 82-298, § 8; 1986, P.A. 86-403, § 88, eff. June 11, 1986; 1989, P.A. 89-383, § 4; 1989, P.A. 89-390, § 19, eff. Jan. 1, 1990; 1990, P.A. 90-213, § 4, eff. Jan. 1, 1991; 1991, June Sp.Sess., P.A. 91-9, § 4, eff. Oct. 8, 1991; 1993, P.A. 93-340, § 13, eff. July 1, 1993; 1995, P.A. 95-142, § 3; 1997, P.A. 97-199, § 3, eff. July 1, 199; 1999, P.A. 99-183, § 12, eff. July 1, 1999; 2000, P.A. 00-72, § 5, eff. July 1, 2001; 2000, P.A. 00-141, § 1; 2001, P.A. 01-84, § 15, eff. July 1, 2001; 2002, P.A. 02-132, § 31; 2003, P.A. 03-208, § 1; 2005, P.A. 05-288, § 182, eff. July 13, 2005; 2006, P.A. 06-196, § 292, eff. June 7, 2006; 2006, P.A. 06-187, § 29; 2011, P.A. 11-51, § 134(a), eff. July 1, 2011; 2012, P.A. 12-5, § 18, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-31

Effective: July 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-31. Calculation of periods of probation and conditional discharge. Compliance with conditions during interrupted period

(a) A period of probation or conditional discharge commences on the day it is imposed, except that, where it is preceded by a sentence of imprisonment with execution suspended after a period of imprisonment set by the court, it commences on the day the defendant is released from such imprisonment. Multiple periods, whether imposed at the same or different times, shall run concurrently.

(b) The issuance of a warrant or notice to appear, or an arraignment following an arrest without a warrant, for violation pursuant to section 53a-32 shall interrupt the period of the sentence until a final determination as to the violation has been made by the court. In the absence of a warrant, a notice to appear or an arrest for violation pursuant to section 53a-32, if the defendant has failed to comply with any of the conditions of probation or conditional discharge, such failure shall not relieve the Court Support Services Division from the responsibility of supervising the defendant.

(c) Notwithstanding the issuance of a warrant or notice to appear or an arrest without a warrant for violation pursuant to section 53a-32, the defendant shall continue to comply with the conditions with which the defendant was previously required to comply pursuant to section 53a-30. The Court Support Services Division shall make reasonable efforts to inform the defendant of the defendant's obligation to continue to comply with such conditions and to provide the defendant with a copy of such conditions.

(d) In any case where a person who is under a sentence of probation or of conditional discharge is also under an indeterminate sentence of imprisonment, or a sentence authorized under section 18-65a or 18-73, imposed for some other offense by a court of this state, the service of the sentence of imprisonment shall satisfy the sentence of probation or of conditional discharge unless the sentence of probation or of conditional discharge is revoked prior to parole or satisfaction of the sentence of imprisonment.

CREDIT(S)

(1969, P.A. 828, § 31, eff. Oct. 1, 1971; 1971, P.A. 871, § 11; 1987, P.A. 87-282, § 20; 1992, P.A. 92-260, § 13; 1997, P.A. 97-151, § 1; 2002, P.A. 02-132, § 32; 2003, P.A. 03-278, § 103, eff. July 9, 2003; 2008, Jan.Sp.Sess., P.A. 08-1, § 36, eff. Jan. 25, 2008; 2008, P.A. 08-102, § 5, eff. May 27, 2008; 2008, P.A. 08-102, § 6; 2011, P.A. 11-155, § 1, eff. July 1, 2011.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-32

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-32. Violation of probation or conditional discharge. Notice to victim. Arrest. Pretrial release conditions and supervision. Hearing. Disposition

(a) At any time during the period of probation or conditional discharge, the court or any judge thereof may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation or conditional discharge, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the defendant. Any such warrant shall authorize all officers named therein to return the defendant to the custody of the court or to any suitable detention facility designated by the court. Whenever a probation officer has probable cause to believe that a person has violated a condition of such person's probation, such probation officer may notify any police officer that such person has, in such officer's judgment, violated the conditions of such person's probation and such notice shall be sufficient warrant for the police officer to arrest such person and return such person to the custody of the court or to any suitable detention facility designated by the court. Whenever a probation officer so notifies a police officer, the probation officer shall notify the victim of the offense for which such person is on probation, provided the probation officer has been provided with the name and contact information for such victim. Any probation officer may arrest any defendant on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such other officer a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of the defendant's probation. Such written statement, delivered with the defendant by the arresting officer to the official in charge of any correctional center or other place of detention, shall be sufficient warrant for the detention of the defendant. After making such an arrest, such probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this section. Upon such arrest and detention, the probation officer shall immediately so notify the court or any judge thereof.

(b) When the defendant is presented for arraignment on the charge of violation of any of the conditions of probation or conditional discharge, the court shall review any conditions previously imposed on the defendant and may order, as a condition of the pretrial release of the defendant, that the defendant comply with any or all of such conditions in addition to any conditions imposed pursuant to section 54-64a. Unless the court, pursuant to subsection (c) of section 54-64a, orders that the defendant remain under the supervision of a probation officer or other designated person or organization, the defendant shall be supervised by the Court Support Services Division of the Judicial Branch in accordance with subsection (a) of section 54-63b.

(c) Upon notification by the probation officer of the arrest of the defendant or upon an arrest by warrant as herein provided, the court shall cause the defendant to be brought before it without unnecessary delay for a hearing on the violation charges. At such hearing the defendant shall be informed of the manner in which such defendant is alleged to have violated the conditions of such defendant's probation or conditional discharge, shall be advised by the court that such defendant has the right to retain counsel and, if indigent, shall be entitled to the services of the public defender, and shall have the right to cross-examine witnesses and to present evidence in such defendant's own behalf. Unless good cause is shown, a charge of violation of any of the conditions of probation or conditional discharge shall be disposed of or scheduled for a hearing not later than one hundred twenty days after the defendant is arraigned on such charge.

(d) If such violation is established, the court may: (1) Continue the sentence of probation or conditional discharge; (2) modify or enlarge the conditions of probation or conditional discharge; (3) extend the period of probation or conditional discharge, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29; or (4) revoke the sentence of probation or conditional discharge. If such sentence is revoked, the court shall require the defendant to serve the sentence imposed or impose any lesser sentence. Any such lesser sentence may include a term of imprisonment, all or a portion of which may be suspended entirely or after a period set by the court, followed by a period of probation with such conditions as the court may establish. No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by the introduction of reliable and probative evidence and by a preponderance of the evidence.

CREDIT(S)

(1969, P.A. 828, § 32, eff. Oct. 1, 1971; 1971, P.A. 871, § 12; 1986, P.A. 86-403, § 89, eff. June 11, 1986; 1995, P.A. 95-142, § 7; 1998, P.A. 98-130; 1999, P.A. 99-187, § 4; 2008, P.A. 08-102, § 7; 2010, P.A. 10-43, § 20; 2012, P.A. 12-114, § 14.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-32a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-32a. Violation of probation by certain sexual offenders

If a defendant who entered a plea of nolo contendere or a guilty plea under the Alford doctrine to a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual offender treatment as a condition of probation, becomes ineligible for such treatment because of such defendant's refusal to acknowledge that such defendant committed the act or acts charged, such defendant shall be deemed to be in violation of the conditions of such defendant's probation and be returned to court for proceedings in accordance with section 53a-32.

CREDIT(S)

(1997, P.A. 97-151, § 2; 2001, P.A. 01-84, § 16, eff. July 1, 2001.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-33

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-33. Termination of probation or conditional discharge

The court or sentencing judge may at any time during the period of probation or conditional discharge, after hearing and for good cause shown, terminate a sentence of probation or conditional discharge before the completion thereof, except a sentence of probation imposed for conviction of a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.

CREDIT(S)

(1969, P.A. 828, § 33, eff. Oct. 1, 1971; 1992, P.A. 92-260, § 14; 1995, P.A. 95-142, § 11; 2001, P.A. 01-84, § 17, eff. July 1, 2001.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-34

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-34. Unconditional discharge: Criteria; effect

(a) The court may impose a sentence of unconditional discharge in any case where it is authorized to impose a sentence of conditional discharge under section 53a-29, if the court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant's release.

(b) When the court imposes a sentence of unconditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probation supervision or conditions. A sentence of unconditional discharge is for all purposes a final judgment of conviction.

CREDIT(S)

(1969, P.A. 828, § 34, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-35

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-35. Imprisonment for any felony committed prior to July 1, 1981: Indeterminate sentences; maximum and minimum terms

(a) For any felony committed prior to July 1, 1981, the sentence of imprisonment shall be an indeterminate sentence, except as provided in subsection (d). When such a sentence is imposed the court shall impose a maximum term in accordance with the provisions of subsection (b) and the minimum term shall be as provided in subsection (c) or (d).

(b) The maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment; (2) for a class B felony, a term not to exceed twenty years; (3) for a class C felony, a term not to exceed ten years; (4) for a class D felony, a term not to exceed five years; (5) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime; and (6) for a capital felony, life imprisonment unless a sentence of death is imposed in accordance with section 53a-46a.

(c) Except as provided in subsection (d) the minimum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, the minimum term shall not be less than ten nor more than twenty-five years; (2) for a class B, C or D felony the court may fix a minimum term of not less than one year nor more than one-half of the maximum term imposed, except that (A) where the maximum is less than three years the minimum term may be more than one-half the maximum term imposed or (B) when a person is found guilty under section 53a-59(a)(1), section 53a-59a, 53a-101(a)(1) or 53a-134(a)(2), the minimum term shall be not less than five years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60c, the minimum term shall be not less than three years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60b, the minimum term shall be not less than two years and such sentence shall not be suspended or reduced; (3) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.

(d) Notwithstanding the provisions of subsections (a) and (c), except as provided in subdivision (2) of said subsection (c), when a person is sentenced for a class C or D felony or for an unclassified felony, the maximum sentence for which does not exceed ten years, the court may impose a definite sentence of imprisonment and fix a term of one year or less; except when a person is found guilty under sections 53a-55a, 53a-56a, 53a-60a, 53a-70a, 53a-72b, 53a-92a, 53a-94a, 53a-102a and 53a-103a, the court shall not fix a term of less than one year.

CREDIT(S)

(1969, P.A. 828, § 35, eff. Oct. 1, 1971; 1971, P.A. 871, § 13; 1973, P.A. 73-137, § 8; 1974, P.A. 74-186, § 9, eff. May 13, 1974; 1975, P.A. 75-380, § 14; 1975, P.A. 75-411, § 3; 1976, P.A. 76-435, § 2, eff. June 9, 1976; 1977, P.A. 77-422, § 5; 1980, P.A. 80-442, § 9, eff. July 1, 1981; 1983, P.A. 83-587, § 76, eff. July 14, 1983.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-35a

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-35a. Imprisonment for felony committed on or after July 1, 1981. Definite sentence. Authorized term

For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and, unless the section of the general statutes that defines the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) (A) For a capital felony committed prior to April 25, 2012, under the provisions of section 53a-54b in effect prior to April 25, 2012, a term of life imprisonment without the possibility of release unless a sentence of death is imposed in accordance with section 53a-46a, or (B) for the class A felony of murder with special circumstances committed on or after April 25, 2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, a term of life imprisonment without the possibility of release; (2) for the class A felony of murder, a term not less than twenty-five years nor more than life; (3) for the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term not less than twenty-five years or more than fifty years; (4) for a class A felony other than an offense specified in subdivision (2) or (3) of this section, a term not less than ten years nor more than twenty-five years; (5) 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; (6) 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; (7) for a class C felony, a term not less than one year nor more than ten years; (8) for a class D felony, a term not less than one year nor more than five years; and (9) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.

CREDIT(S)

(1980, P.A. 80-442, § 10, eff. July 1, 1981; 1986, P.A. 86-220; 1992, P.A. 92-260, § 15; 1994, July Sp.Sess., P.A. 94-2, § 2; 2007, P.A. 07-143, § 12, eff. July 1, 2007; 2010, P.A. 10-36, § 18, eff. July 1, 2010; 2012, P.A. 12-5, § 2, eff. April 25, 2012.)

VALIDITY

<For validity of this section, see Miller v. Alabama, 2012, 132 S.Ct. 2455, 183 L.Ed.2d 407.>

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-35b

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-35b. “Life imprisonment” defined

A sentence of life imprisonment means a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release, imposed pursuant to subparagraph (A) or (B) of subdivision (1) of section 53a-35a, in which case the sentence shall be imprisonment for the remainder of the defendant's natural life.

CREDIT(S)

(1980, P.A. 80-442, § 11, eff. July 1, 1981; 1985, P.A. 85-366, § 3; 1995, P.A. 95-19, § 2; 2012, P.A. 12-5, § 3, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-35c

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-35c. Availability of sentence of life imprisonment without the possibility of release

The sentence of life imprisonment without the possibility of release shall not be available as a sentence for an offense committed prior to October 1, 1985.

CREDIT(S)

(1985, P.A. 85-366, § 4.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-36

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-36. Imprisonment for misdemeanor. Definite sentence. Authorized term

A sentence of imprisonment for a misdemeanor shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year; (2) for a class B misdemeanor, a term not to exceed six months; (3) for a class C misdemeanor, a term not to exceed three months; (4) for a class D misdemeanor, a term not to exceed thirty days; and (5) for an unclassified misdemeanor, a term in accordance with the sentence specified in the section of the general statutes that defines or provides the penalty for the crime.

CREDIT(S)

(1969, P.A. 828, § 36, eff. Oct. 1, 1971; 1971, P.A. 871, § 14; 1977, P.A. 77-422, § 6; 1992, P.A. 92-260, § 16; 2010, P.A. 10-36, § 19, eff. July 1, 2010; 2012, P.A. 12-80, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-37

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-37. Multiple sentences: Concurrent or consecutive, minimum term

When multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undischarged term of imprisonment imposed at a previous time by a court of this state is sentenced to an additional term of imprisonment, the sentence or sentences imposed by the court shall run either concurrently or consecutively with respect to each other and to the undischarged term or terms in such manner as the court directs at the time of sentence. The court shall state whether the respective maxima and minima shall run concurrently or consecutively with respect to each other, and shall state in conclusion the effective sentence imposed. When a person is sentenced for two or more counts each constituting a separate offense, the court may order that the term of imprisonment for the second and subsequent counts be for a fixed number of years each. The court in such cases shall not set any minimum term of imprisonment except under the first count, and the fixed number of years imposed for the second and subsequent counts shall be added to the maximum term imposed by the court on the first count.

CREDIT(S)

(1969, P.A. 828, § 37, eff. Oct. 1, 1971; 1973, P.A. 73-639, § 4.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-38

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-38. Calculation of terms of imprisonment

(a) An indeterminate sentence of imprisonment commences when the prisoner is received in the custody or institution to which he was sentenced.

(b) A definite sentence of imprisonment commences when the prisoner is received in the custody to which he was sentenced. Where a person is under more than one definite sentence, the sentences shall be calculated as follows: (1) If the sentences run concurrently, the terms merge in and are satisfied by discharge of the term which has the longest term to run; (2) if the sentences run consecutively, the terms are added to arrive at an aggregate term and are satisfied by discharge of such aggregate term.

(c) When a sentence of imprisonment that has been imposed on a person is vacated and a new sentence is imposed on such person for the same offense or for an offense based on the same act, the new sentence shall be calculated as if it had commenced at the time the vacated sentence commenced, and all time served under or credited against the vacated sentence shall be credited against the new sentence.

(d) When a person who is serving a sentence of imprisonment escapes, the escape shall interrupt the sentence and such interruption shall continue until the return of such person to the custody of the Commissioner of Correction.

CREDIT(S)

(1969, P.A. 828, § 38, eff. Oct. 1, 1971; 1992, P.A. 92-260, § 17.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-39

Effective: July 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-39. Reduction of sentence or discharge of defendant by sentencing court or judge. Statement by victim

(a) At any time during the period of a definite sentence of three years or less, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

(b) At any time during the period of a definite sentence of more than three years, upon agreement of the defendant and the state's attorney to seek review of the sentence, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

(c) The provisions of this section shall not apply to any portion of a sentence imposed that is a mandatory minimum sentence for an offense which may not be suspended or reduced by the court.

(d) At a hearing held by the sentencing court or judge under this section, such court or judge shall permit any victim of the crime to appear before the court or judge for the purpose of making a statement for the record concerning whether or not the sentence of the defendant should be reduced, the defendant should be discharged or the defendant should be discharged on probation or conditional discharge pursuant to subsection (a) or (b) of this section. In lieu of such appearance, the victim may submit a written statement to the court or judge and the court or judge shall make such statement a part of the record at the hearing. For the purposes of this subsection, “victim” means the victim, the legal representative of the victim or a member of the deceased victim's immediate family.

CREDIT(S)

(1969, P.A. 828, § 39, eff. Oct. 1, 1971; 1982, P.A. 82-428, § 1, eff. June 8, 1982; 1984, P.A. 84-505, § 3, eff. June 13, 1984; 1985, P.A. 85-354, § 1, eff. June 16, 1985; 1987, P.A. 87-538, § 1, eff. July 1, 1987; 1990, P.A. 90-261, § 7, eff. July 1, 1990; 1994, P.A. 94-119; 1995, P.A. 95-175, § 3; 2010, P.A. 10-36, § 20, eff. July 1, 2010.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-39a

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-39a. Alternate incarceration program

(a) In all cases where a defendant has been convicted of a misdemeanor or a felony, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any other offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, after trial or by a plea of guilty without trial, and a term of imprisonment is part of a stated plea agreement or the statutory penalty provides for a term of imprisonment, the court may, in its discretion, order an assessment for placement in an alternate incarceration program under contract with the Judicial Department. If the Court Support Services Division recommends placement in an alternate incarceration program, it shall also submit to the court a proposed alternate incarceration plan. Upon completion of the assessment, the court shall determine whether such defendant shall be ordered to participate in such program as an alternative to incarceration. If the court determines that the defendant shall participate in such program, the court shall suspend any sentence of imprisonment and shall make participation in the alternate incarceration program a condition of probation as provided in section 53a-30.

(b) An alternate incarceration program includes, but shall not be limited to, an intensive probation program, any community service program approved by the Chief Court Administrator and any residential or nonresidential program approved by the Chief Court Administrator which provides care, supervision and supportive services such as employment, psychiatric and psychological evaluation and counseling, and drug and alcohol dependency treatment. Any defendant placed in an alternate incarceration program shall comply with any other conditions of probation ordered by the court or required by the Court Support Services Division, as provided in subsections (a) and (b) of section 53a-30.

CREDIT(S)

(1989, P.A. 89-383, § 3; 2002, P.A. 02-132, § 33; 2012, P.A. 12-5, § 19, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-39b

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-39b. Repealed. (2003, P.A. 03-48, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-39c

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-39c. Community service labor program

(a) There is established, within available appropriations, a community service labor program for persons charged with a violation of section 21a-267 or 21a-279 who have not previously been convicted of a violation of section 21a-267, 21a-277, 21a-278 or 21a-279. Upon application by any such person for participation in such program the court may grant such application and (1) if such person has not previously been placed in the community service labor program, the court may either suspend prosecution and place such person in such program or, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30; or (2) if such person has previously been placed in such program, the court may, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with said section 53a-30. No person may be placed in such program who has twice previously been placed in such program.

(b) Any person who enters such program shall pay to the court a participation fee of two hundred five dollars, except that no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. All program fees collected shall be deposited into the alternative incarceration program account.

(c) Any person for whom prosecution is suspended and who is placed in the community service labor program pursuant to subsection (a) of this section shall agree to the tolling of the statute of limitations with respect to such crime and to a waiver of such person's right to a speedy trial. A pretrial community service labor program established under this section for persons for whom prosecution is suspended shall include a drug education component. If such person satisfactorily completes the program of community service labor to which such person was assigned, such person may apply for dismissal of the charges against such person and the court, on reviewing the record of such person's participation in such program and on finding such satisfactory completion, shall dismiss the charges. If the program provider certifies to the court that such person did not successfully complete the program of community service labor to which such person was assigned or is no longer amenable to participation in such program, the court shall enter a plea of not guilty for such person and immediately place the case on the trial list.

(d) The period of participation in a community service labor program shall be a minimum of fourteen days for a first violation and thirty days for a second violation involving a plea of guilty and conviction.

CREDIT(S)

(1990, P.A. 90-213, § 3, eff. Jan. 1, 1991; 1997, P.A. 97-248, § 11, eff. July 1, 1997; 1999, P.A. 99-148, § 2, eff. July 1, 1999; 2003, P.A. 03-2, § 50, eff. July 1, 2003.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-39d

Effective: October 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-39d. Repealed. (2010, P.A. 10-43, § 43.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-40

Effective: May 8, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-40. Persistent offenders: Definitions; defense; authorized sentences; procedure

(a) A persistent dangerous felony offender is a person who:

(1) (A) Stands convicted of manslaughter, arson, kidnapping, robbery in the first or second degree, assault in the first degree, home invasion, burglary in the first degree or burglary in the second degree with a firearm, and (B) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year or of death, in this state or in any other state or in a federal correctional institution, for any of the following crimes: (i) The crimes enumerated in subparagraph (A) of this subdivision or an attempt to commit any of said crimes; or (ii) murder, sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, or an attempt to commit any of said crimes; or (iii) prior to October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the general statutes, revision of 1958, revised to 1975, or prior to October 1, 1971, in this state, assault with intent to kill under section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes; or (iv) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision or this subparagraph; or

(2) (A) Stands convicted of sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, and (B) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year or of death, in this state or in any other state or in a federal correctional institution, for any of the following crimes: (i) Murder, manslaughter, arson, kidnapping, robbery in the first or second degree, assault in the first degree, home invasion, burglary in the first degree or burglary in the second degree with a firearm, or an attempt to commit any of said crimes; or (ii) prior to October 1, 1971, in this state, assault with intent to kill under section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes; or (iii) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision or this subparagraph.

(b) A persistent dangerous sexual offender is a person who (1) stands convicted of sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, and (2) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year, in this state or in any other state or in a federal correctional institution, for (A) any of the crimes enumerated in subdivision (1) of this subsection, or (B) prior to October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the general statutes, revision of 1958, revised to 1975, or prior to October 1, 1971, in this state, any of the crimes enumerated in section 53-238 or 53-239 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes, or (C) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subdivision (1) of this subsection or this subdivision.

(c) A persistent serious felony offender is a person who (1) stands convicted of a felony, and (2) has been, prior to the commission of the present felony, convicted of and imprisoned under an imposed term of more than one year or of death, in this state or in any other state or in a federal correctional institution, for a crime. This subsection shall not apply where the present conviction is for a crime enumerated in subdivision (1) of subsection (a) of this section and the prior conviction was for a crime other than those enumerated in subsection (a) of this section.

(d) A persistent serious sexual offender is a person, other than a person who qualifies as a persistent dangerous sexual offender under subsection (b) of this section, who qualifies as a persistent serious felony offender under subsection (c) of this section and the felony of which such person presently stands convicted is a violation of subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of section 53-21 of the general statutes, revised to January 1, 1995, involving sexual contact, committed prior to October 1, 1995, a violation of subdivision (2) of section 53-21 of the general statutes, committed on or after October 1, 1995, and prior to October 1, 2000, a violation of subdivision (2) of subsection (a) of section 53-21 or a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.

(e) A persistent larceny offender is a person who (1) stands convicted of larceny in the third degree in violation of the provisions of section 53a-124 in effect prior to October 1, 1982, or larceny in the fourth, fifth or sixth degree, and (2) has been, at separate times prior to the commission of the present larceny, twice convicted of the crime of larceny.

(f) A persistent felony offender is a person who (1) stands convicted of a felony other than a class D felony, and (2) has been, at separate times prior to the commission of the present felony, twice convicted of a felony other than a class D felony.

(g) It shall be an affirmative defense to the charge of being a persistent offender under this section that (1) as to any prior conviction on which the state is relying the defendant was pardoned on the ground of innocence, and (2) without such conviction, the defendant was not two or more times convicted and imprisoned as required by this section.

(h) When any person has been found to be a persistent dangerous felony offender, the court, in lieu of imposing the sentence of imprisonment authorized by the general statutes for the crime of which such person presently stands convicted, shall (1) sentence such person to a term of imprisonment that is not (A) less than twice the minimum term of imprisonment authorized for such crime or (B) more than twice the maximum term of imprisonment authorized for such crime or forty years, whichever is greater, provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is twice such authorized mandatory minimum term of imprisonment, and (2) if such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section, sentence such person to a term of imprisonment that is not less than three times the minimum term of imprisonment authorized for such crime or more than life, provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is three times such authorized mandatory minimum term of imprisonment.

(i) When any person has been found to be a persistent dangerous sexual offender, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35a for the crime of which such person presently stands convicted, shall sentence such person 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 imprisonment for life, as defined in section 53a-35b.

(j) When any person has been found to be a persistent serious felony offender, the court in lieu of imposing the sentence of imprisonment authorized by section 53a-35 for the crime of which such person presently stands convicted, or authorized by section 53a-35a if the crime of which such person presently stands convicted was committed on or after July 1, 1981, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.

(k) When any person has been found to be a persistent serious sexual offender, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose a sentence of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute the maximum sentence specified by section 53a-35a for the next more serious degree of felony.

(l) When any person has been found to be a persistent larceny offender, the court, in lieu of imposing the sentence authorized by section 53a-36 for the crime of which such person presently stands convicted, may impose the sentence of imprisonment for a class D felony authorized by section 53a-35, if the crime of which such person presently stands convicted was committed prior to July 1, 1981, or authorized by section 53a-35a, if the crime of which such person presently stands convicted was committed on or after July 1, 1981.

(m) When any person has been found to be a persistent felony offender, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony; provided the sentence imposed may not be less than three years, and provided further three years of the sentence so imposed may not be suspended or reduced by the court.

(n) (1) Whenever a person is arrested for any of the crimes enumerated in subsection (a) of this section, the prosecuting authority shall investigate and ascertain whether such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in said subsection (a) and would be eligible to be sentenced under subsection (h) of this section if convicted of such crime.

(2) If the prosecuting authority ascertains that such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section and such person has been presented to a geographical area courthouse, the prosecuting authority shall cause such person to be transferred to a judicial district courthouse.

(3) No court shall accept a plea of guilty, not guilty or nolo contendere from a person arrested for any of the crimes enumerated in subsection (a) of this section unless it finds that the prosecuting authority has complied with the requirements of subdivision (1) of this subsection.

(4) If the prosecuting authority ascertains that such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section but decides not to initiate proceedings to seek the sentence enhancement provided by subsection (h) of this section, the prosecuting authority shall state for the record the specific reason or reasons for not initiating such proceedings.

(5) If the prosecuting authority ascertains that such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section and initiates proceedings to seek the sentence enhancement provided by subsection (h) of this section, but subsequently decides to terminate such proceedings, the prosecuting authority shall state for the record the specific reason or reasons for terminating such proceedings.

CREDIT(S)

(1969, P.A. 828, § 40, eff. Oct. 1, 1971; 1971, P.A. 871, § 15; 1973, P.A. 73-616, § 40; 1976, P.A. 76-336, § 20; 1980, P.A. 80-442, § 12, eff. July 1, 1981; 1983, P.A. 83-4, § 1, eff. July 1, 1983; 1985, P.A. 85-603; 1992, P.A. 92-260, § 18; 1994, P.A. 94-37, § 1; 1999, June Sp.Sess., P.A. 99-2, § 48; 2001, P.A. 01-84, § 18, eff. July 1, 2001; 2008, Jan.Sp.Sess., P.A. 08-1, § 7, eff. Jan. 25, 2008; 2008, Jan.Sp.Sess., P.A. 08-1, § 6, eff. March 1, 2008; 2008, P.A. 08-51, §§ 1, 2, eff. May 8, 2008.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-40a

Effective: January 25, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences

(a) A persistent offender of crimes involving bigotry or bias is a person who (1) stands convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, and (2) has been, prior to the commission of the present crime, convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l or section 53a-181b in effect prior to October 1, 2000.

(b) When any person has been found to be a persistent offender of crimes involving bigotry or bias, the court shall: (1) In lieu of imposing the sentence authorized for the crime under section 53a-35a if the crime is a felony, impose the sentence of imprisonment authorized by said section for the next more serious degree of felony, or (2) in lieu of imposing the sentence authorized for the crime under section 53a-36 if the crime is a misdemeanor, impose the sentence of imprisonment authorized by said section for the next more serious degree of misdemeanor, except that if the crime is a class A misdemeanor the court shall impose the sentence of imprisonment for a class D felony as authorized by section 53a-35a.

CREDIT(S)

(1990, P.A. 90-137, § 2; 2000, P.A. 00-72, § 10; 2008, Jan.Sp.Sess., P.A. 08-1, § 8, eff. Jan. 25, 2008.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-40b

Effective: July 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-40b. Additional term of imprisonment authorized for offense committed while on release

A person convicted of an offense committed while released pursuant to sections 54-63a to 54-63g, inclusive, or sections 54-64a to 54-64c, inclusive, other than a violation of section 53a-222 or 53a-222a, may be sentenced, in addition to the sentence prescribed for the offense to (1) a term of imprisonment of not more than ten years if the offense is a felony, or (2) a term of imprisonment of not more than one year if the offense is a misdemeanor.

CREDIT(S)

(1990, P.A. 90-213, § 54; 1998, P.A. 98-90, § 2; 2010, P.A. 10-36, § 21, eff. July 1, 2010.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-40c

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-40c. Psychological counseling required for person convicted of sexual assault of a minor

Any person convicted of a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a where the victim of the sexual assault was a person ten years of age or under shall, in addition to any fine or term of imprisonment imposed, be sentenced to undergo psychological counseling.

CREDIT(S)

(1993, P.A. 93-340, § 15, eff. Oct. 1, 1993.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-40d

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order. Authorized sentences

(a) A persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order is a person who (1) stands convicted of assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b or criminal trespass under section 53a-107 or 53a-108, and (2) has, (A) been convicted of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b, or criminal trespass under section 53a-107 or 53a-108, (B) been convicted in any other state of any crime the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision, or (C) been released from incarceration with respect to such conviction.

(b) When any person has been found to be a persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order, the court shall, in lieu of imposing the sentence authorized for the crime under section 53a-36 or section 53a-35a, as applicable, impose the sentence of imprisonment authorized by said section 53a-36 or section 53a-35a for the next more serious degree of misdemeanor or felony, except that if the crime is a class A misdemeanor the court shall impose the sentence of imprisonment for a class D felony, as authorized by section 53a-35a.

CREDIT(S)

(1995, P.A. 95-193, § 2; 2002, P.A. 02-127, § 4; 2008, Jan.Sp.Sess., P.A. 08-1, § 9, eff. Jan. 25, 2008; 2010, P.A. 10-144, § 12; 2012, P.A. 12-5, § 20, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-40e

Effective: October 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-40e. Standing criminal protective orders

(a) If any person is convicted of (1) a violation of subdivision (1) or (2) of subsection (a) of section 53-21, section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d, 53a-181e, 53a-182b, 53a-183, 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, against a family or household member, as defined in section 46b-38a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, or attempt or conspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal protective order will best serve the interest of the victim and the public, issue a standing criminal protective order which shall remain in effect for a duration specified by the court until modified or revoked by the court for good cause shown. If any person is convicted of any crime against a family or household member, as defined in section 46b-38a, other than a crime specified in subdivision (1) or (2) of this subsection, the court may, for good cause shown, issue a standing criminal protective order pursuant to this subsection.

(b) Such standing criminal protective order may include, but need not be limited to, provisions enjoining the offender from (1) imposing any restraint upon the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the victim; or (3) entering the family dwelling or the dwelling of the victim.

(c) Such standing criminal protective order shall include the following notice: “In accordance with section 53a-223a of the Connecticut general statutes, violation of this order shall be punishable by a term of imprisonment of not less than one year nor more than five years, a fine of not more than five thousand dollars, or both.”

CREDIT(S)

(1996, P.A. 96-228, § 1; 1998, P.A. 98-15; 1998, June Sp.Sess., P.A. 98-1, § 41, eff. June 24, 1998; 1999, P.A. 99-186, § 13; 2005, P.A. 05-147, § 2; 2007, P.A. 07-123, § 5; 2010, P.A. 10-144, § 5; 2011, P.A. 11-152, § 5.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-40f

Effective: January 25, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences

(a) A persistent operating while under the influence felony offender is a person who (1) stands convicted of a violation of section 53a-56b or 53a-60d and (2) has, prior to the commission of the present crime and within the preceding ten years, been convicted of a violation of section 53a-56b or 53a-60d or subsection (a) of section 14-227a or been convicted in any other state of an offense the essential elements of which are substantially the same as section 53a-56b or 53a-60d or subsection (a) of section 14-227a.

(b) When any person has been found to be a persistent operating while under the influence felony offender, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.

CREDIT(S)

(1997, P.A. 97-291, § 1; 2008, Jan.Sp.Sess., P.A. 08-1, § 10, eff. Jan. 25, 2008.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-41

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-41. Fines for felonies

A fine for the conviction of a felony shall be fixed by the court as follows: (1) For a class A felony, an amount not to exceed twenty thousand dollars; (2) for a class B felony, an amount not to exceed fifteen thousand dollars; (3) for a class C felony, an amount not to exceed ten thousand dollars; (4) for a class D felony, an amount not to exceed five thousand dollars; (5) for an unclassified felony, an amount in accordance with the fine specified in the section of the general statutes that defines the crime.

CREDIT(S)

(1969, P.A. 828, § 41, eff. Oct. 1, 1971; 1992, P.A. 92-256, § 1; 1992, P.A. 92-260, § 19.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-42

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-42. Fines for misdemeanors

A fine for the conviction of a misdemeanor shall, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, be fixed by the court as follows: (1) For a class A misdemeanor, an amount not to exceed two thousand dollars; (2) for a class B misdemeanor, an amount not to exceed one thousand dollars; (3) for a class C misdemeanor, an amount not to exceed five hundred dollars; (4) for a class D misdemeanor, an amount not to exceed two hundred fifty dollars; and (5) for an unclassified misdemeanor, an amount in accordance with the fine specified in the section of the general statutes that defines or provides the penalty for the crime.

CREDIT(S)

(1969, P.A. 828, § 42, eff. Oct. 1, 1971; 1992, P.A. 92-256, § 2; 1992, P.A. 92-260, § 20; 2012, P.A. 12-80, § 3.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-43

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-43. Fines for violations

A fine for a violation shall be fixed by the court in an amount not to exceed five hundred dollars. In the case of a violation defined in any other section of the general statutes, if the amount of the fine is expressly specified in the section that defines the offense, the amount of the fine shall be fixed in accordance with such section.

CREDIT(S)

(1969, P.A. 828, § 43, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-44

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-44. Alternative fine based on defendant's gain

If a person has gained money or property through the commission of any felony, misdemeanor or violation, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under section 53a-41, 53a-42 or 53a-43, may sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of the offense. In such case the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For purposes of this section, the term “gain” means the amount of money or the value of property derived.

CREDIT(S)

(1969, P.A. 828, § 44, eff. Oct. 1, 1971; 1992, P.A. 92-260, § 21.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-44a

Effective: July 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-44a. Surcharge on fine for criminal trespass or criminal mischief on public land

Whenever any person is convicted of a violation of subdivision (4) of subsection (a) of section 53a-107, subdivision (2) of subsection (a) of section 53a-108, subdivision (3) of subsection (a) of section 53a-109, subdivision (5) of subsection (a) of section 53a-115, subdivision (3) of subsection (a) of section 53a-116, subdivision (3) or (4) of subsection (a) of section 53a-117 or subdivision (3) or (4) of subsection (a) of section 53a-117a, the court, in addition to imposing any fine authorized by section 53a-41 or 53a-42 for such violation, shall impose a surcharge in an amount equal to fifty per cent of such fine. Any such surcharge collected shall be payable to the municipality in which the arrest was made unless the arresting law enforcement authority was a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Energy and Environmental Protection under authority of section 26-5, in which case such surcharge shall be payable to the Department of Environmental Protection.

CREDIT(S)

(2005, P.A. 05-234, § 9, eff. Jan. 1, 2006; 2011, P.A. 11-80, § 1, eff. July 1, 2011.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-45

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-45. Murder: Penalty; waiver of jury trial; finding of lesser degree

(a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a, unless it is a capital felony committed prior to April 25, 2012, punishable in accordance with subparagraph (A) of subdivision (1) of section 53a-35a, murder with special circumstances committed on or after April 25, 2012, punishable as a class A felony in accordance with subparagraph (B) of subdivision (1) of section 53a-35a, or murder under section 53a-54d.

(b) If a person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a waives his right to a jury trial and elects to be tried by a court, the court shall be composed of three judges designated by the Chief Court Administrator or his designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.

(c) The court or jury before which any person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a is tried may find such person guilty of homicide in a lesser degree than that charged.

CREDIT(S)

(1969, P.A. 828, § 45, eff. Oct. 1, 1971; 1973, P.A. 73-137, § 1; 1980, P.A. 80-442, § 13, eff. July 1, 1981; 1982, P.A. 82-298, § 4; 1983, P.A. 83-210, § 2, eff. May 26, 1983; 1992, P.A. 92-260, § 22; 2012, P.A. 12-5, § 4, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-46

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-46. Repealed. (1973, P.A. 73-137, § 15.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-46a

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-46a. Imposition of sentence for capital felony committed prior to April 25, 2012. Hearing. Special verdict. Mitigating and aggravating factors. Factors barring death sentence

(a) A person shall be subjected to the penalty of death for a capital felony committed prior to April 25, 2012, under the provisions of section 53a-54b in effect prior to April 25, 2012, only if a hearing is held in accordance with the provisions of this section.

(b) For the purpose of determining the sentence to be imposed when a defendant is convicted of or pleads guilty to a capital felony, the judge or judges who presided at the trial or before whom the guilty plea was entered shall conduct a separate hearing to determine the existence of any mitigating factor concerning the defendant's character, background and history, or the nature and circumstances of the crime, and any aggravating factor set forth in subsection (i). Such hearing shall not be held if the state stipulates that none of the aggravating factors set forth in subsection (i) of this section exists or that any factor set forth in subsection (h) exists. Such hearing shall be conducted (1) before the jury which determined the defendant's guilt, or (2) before a jury impaneled for the purpose of such hearing if (A) the defendant was convicted upon a plea of guilty; (B) the defendant was convicted after a trial before three judges as provided in subsection (b) of section 53a-45; or (C) if the jury which determined the defendant's guilt has been discharged by the court for good cause, or (3) before the court, on motion of the defendant and with the approval of the court and the consent of the state.

(c) In such hearing the court shall disclose to the defendant or his counsel all material contained in any presentence report which may have been prepared. No presentence information withheld from the defendant shall be considered in determining the existence of any mitigating or aggravating factor. Any information relevant to any mitigating factor may be presented by either the state or the defendant, regardless of its admissibility under the rules governing admission of evidence in trials of criminal matters, but the admissibility of information relevant to any of the aggravating factors set forth in subsection (i) shall be governed by the rules governing the admission of evidence in such trials. The state and the defendant shall be permitted to rebut any information received at the hearing and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any mitigating or aggravating factor. The burden of establishing any of the aggravating factors set forth in subsection (i) shall be on the state. The burden of establishing any mitigating factor shall be on the defendant.

(d) In determining whether a mitigating factor exists concerning the defendant's character, background or history, or the nature and circumstances of the crime, pursuant to subsection (b) of this section, the jury or, if there is no jury, the court shall first determine whether a particular factor concerning the defendant's character, background or history, or the nature and circumstances of the crime, has been established by the evidence, and shall determine further whether that factor is mitigating in nature, considering all the facts and circumstances of the case. Mitigating factors are such as do not constitute a defense or excuse for the capital felony of which the defendant has been convicted, but which, in fairness and mercy, may be considered as tending either to extenuate or reduce the degree of his culpability or blame for the offense or to otherwise constitute a basis for a sentence less than death.

(e) The jury or, if there is no jury, the court shall return a special verdict setting forth its findings as to the existence of any factor set forth in subsection (h), the existence of any aggravating factor or factors set forth in subsection (i) and whether any aggravating factor or factors outweigh any mitigating factor or factors found to exist pursuant to subsection (d).

(f) If the jury or, if there is no jury, the court finds that (1) none of the factors set forth in subsection (h) exist, (2) one or more of the aggravating factors set forth in subsection (i) exist and (3)(A) no mitigating factor exists or (B) one or more mitigating factors exist but are outweighed by one or more aggravating factors set forth in subsection (i), the court shall sentence the defendant to death.

(g) If the jury or, if there is no jury, the court finds that (1) any of the factors set forth in subsection (h) exist, or (2) none of the aggravating factors set forth in subsection (i) exists, or (3) one or more of the aggravating factors set forth in subsection (i) exist and one or more mitigating factors exist, but the one or more aggravating factors set forth in subsection (i) do not outweigh the one or more mitigating factors, the court shall impose a sentence of life imprisonment without the possibility of release.

(h) The court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict, as provided in subsection (e), that at the time of the offense (1) the defendant was under the age of eighteen years, or (2) the defendant was a person with intellectual disability, as defined in section 1-1g, or (3) the defendant's mental capacity was significantly impaired or the defendant's ability to conform the defendant's conduct to the requirements of law was significantly impaired but not so impaired in either case as to constitute a defense to prosecution, or (4) the defendant was criminally liable under sections 53a-8, 53a-9 and 53a-10 for the offense, which was committed by another, but the defendant's participation in such offense was relatively minor, although not so minor as to constitute a defense to prosecution, or (5) the defendant could not reasonably have foreseen that the defendant's conduct in the course of commission of the offense of which the defendant was convicted would cause, or would create a grave risk of causing, death to another person.

(i) The aggravating factors to be considered shall be limited to the following: (1) The defendant committed the offense during the commission or attempted commission of, or during the immediate flight from the commission or attempted commission of, a felony and the defendant had previously been convicted of the same felony; or (2) the defendant committed the offense after having been convicted of two or more state offenses or two or more federal offenses or of one or more state offenses and one or more federal offenses for each of which a penalty of more than one year imprisonment may be imposed, which offenses were committed on different occasions and which involved the infliction of serious bodily injury upon another person; or (3) the defendant committed the offense and in such commission knowingly created a grave risk of death to another person in addition to the victim of the offense; or (4) the defendant committed the offense in an especially heinous, cruel or depraved manner; or (5) the defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value; or (6) the defendant committed the offense as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value; or (7) the defendant committed the offense with an assault weapon, as defined in section 53-202a; or (8) the defendant committed the offense set forth in subdivision (1) of section 53a-54b to avoid arrest for a criminal act or prevent detection of a criminal act or to hamper or prevent the victim from carrying out any act within the scope of the victim's official duties or to retaliate against the victim for the performance of the victim's official duties.

CREDIT(S)

(1973, P.A. 73-137, § 4; 1980, P.A. 80-332, § 1; 1980, P.A. 80-442, § 14, eff. July 1, 1981; 1985, P.A. 85-366, § 1; 1993, P.A. 93-306, § 12; 1995, P.A. 95-19, § 1; 2001, P.A. 01-151, §§ 1, 2, eff. July 1, 2001; 2011, P.A. 11-129, § 20; 2012, P.A. 12-5, § 5, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-46b

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-46b. Review of death sentence

(a) Any sentence of death imposed in accordance with the provisions of section 53a-46a shall be reviewed by the Supreme Court pursuant to its rules. In addition to its authority to correct errors at trial, the Supreme Court shall either affirm the sentence of death or vacate said sentence and remand for imposition of a sentence in accordance with subparagraph (A) of subdivision (1) of section 53a-35a.

(b) The Supreme Court shall affirm the sentence of death unless it determines that: (1) The sentence was the product of passion, prejudice or any other arbitrary factor; or (2) the evidence fails to support the finding of an aggravating factor specified in subsection (i) of section 53a-46a.

(c) The sentence review shall be in addition to direct appeal and, if an appeal is taken, the review and appeal shall be consolidated for consideration. The court shall then render its decision on the legal errors claimed and the validity of the sentence.

CREDIT(S)

(1980, P.A. 80-332, § 2; 1981, P.A. 81-472, § 151, eff. July 8, 1981; 1985, P.A. 85-366, § 2; 1992, P.A. 92-260, § 23; 1995, P.A. 95-16, § 3, eff. April 12, 1995; 1995, P.A. 95-19, § 3; 2012, P.A. 12-5, § 6, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-46c

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-46c. Applicability of death penalty provisions in effect on and after October 1, 1980

The provisions of sections 53a-46a and 53a-46b in effect on and after October 1, 1980, shall be applicable to any person who is convicted of or pleads guilty to a capital felony under subdivisions (1) to (6), inclusive, of section 53a-54b on or after June 13, 1983.

CREDIT(S)

(1983, P.A. 83-327, § 1, eff. June 13, 1983; 1992, P.A. 92-260, § 24.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-46d

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-46d. Victim impact statement read in court prior to imposition of sentence for crime punishable by death or life imprisonment without possibility of release

A victim impact statement prepared with the assistance of a victim advocate to be placed in court files in accordance with subdivision (2) of subsection (a) of section 54-220 may be read in court prior to imposition of sentence upon a defendant found guilty of a crime punishable by death or life imprisonment without the possibility of release.

CREDIT(S)

(2000, P.A. 00-200, § 6; 2003, P.A. 03-179, § 2; 2003, P.A. 03-278, § 104, eff. July 9, 2003; 2012, P.A. 12-5, § 21, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-47

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part II. Sentences and Sentencing Procedure (Refs & Annos)

§ 53a-47. Repealed. (1985, P.A. 85-506, § 31, eff. July 1, 1985.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-48

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part III. Inchoate Offenses

§ 53a-48. Conspiracy. Renunciation

(a) A person is guilty of conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them commits an overt act in pursuance of such conspiracy.

(b) It shall be a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

CREDIT(S)

(1969, P.A. 828, §§ 48, 49, eff. Oct. 1, 1971; 1971, P.A. 871, § 16.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-49

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part III. Inchoate Offenses

§ 53a-49. Criminal attempt: Sufficiency of conduct; renunciation as defense

(a) A person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for commission of the crime, he: (1) Intentionally engages in conduct which would constitute the crime if attendant circumstances were as he believes them to be; or (2) intentionally does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

(b) Conduct shall not be held to constitute a substantial step under subdivision (2) of subsection (a) of this section unless it is strongly corroborative of the actor's criminal purpose. Without negating the sufficiency of other conduct, the following, if strongly corroborative of the actor's criminal purpose, shall not be held insufficient as a matter of law: (1) Lying in wait, searching for or following the contemplated victim of the crime; (2) enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission; (3) reconnoitering the place contemplated for the commission of the crime; (4) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed; (5) possession of materials to be employed in the commission of the crime, which are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances; (6) possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, where such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances; (7) soliciting an innocent agent to engage in conduct constituting an element of the crime.

(c) When the actor's conduct would otherwise constitute an attempt under subsection (a) of this section, it shall be a defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

CREDIT(S)

(1969, P.A. 828, § 50, eff. Oct. 1, 1971; 1971, P.A. 871, § 17; 1992, P.A. 92-260, § 25.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-50

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part III. Inchoate Offenses

§ 53a-50. Effect of motivation on renunciation

For purposes of this part, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct or to transfer the criminal effort to another but similar objective or victim.

CREDIT(S)

(1969, P.A. 828, § 51, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-51

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part III. Inchoate Offenses

§ 53a-51. Classification of attempt and conspiracy

Attempt and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or is an object of the conspiracy, except that an attempt or conspiracy to commit a class A felony is a class B felony.

CREDIT(S)

(1969, P.A. 828, § 52, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-52

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part III. Inchoate Offenses

§ 53a-52. Repealed. (1971, P.A. 871, § 129.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 952, Pt. IV, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 952. Penal Code: Offenses

Part IV. Homicide

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-53

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-53. Repealed. (1971, P.A. 871, § 129.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-54

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-54. Repealed. (1973, P.A. 73-137, § 15.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-54a

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-54a. Murder

(a) A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception; except that in any prosecution under this subsection, it shall be an affirmative defense that the defendant committed the proscribed act or acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be, provided nothing contained in this subsection shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.

(b) Evidence that the defendant suffered from a mental disease, mental defect or other mental abnormality is admissible, in a prosecution under subsection (a) of this section, on the question of whether the defendant acted with intent to cause the death of another person.

(c) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony committed prior to April 25, 2012, punishable in accordance with subparagraph (A) of subdivision (1) of section 53a-35a, murder with special circumstances committed on or after April 25, 2012, punishable as a class A felony in accordance with subparagraph (B) of subdivision (1) of section 53a-35a, or murder under section 53a-54d.

CREDIT(S)

(1973, P.A. 73-137, § 2; 1980, P.A. 80-442, § 15, eff. July 1, 1981; 1983, P.A. 83-486, § 4; 1992, P.A. 92-260, § 26; 2012, P.A. 12-5, § 7, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-54b

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-54b. Murder with special circumstances

A person is guilty of murder with special circumstances who is convicted of any of the following: (1) Murder of a member of the Division of State Police within the Department of Emergency Services and Public Protection or of any local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal who is exercising authority granted under any provision of the general statutes, a judicial marshal in performance of the duties of a judicial marshal, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, a conservation officer or special conservation officer appointed by the Commissioner of Energy and Environmental Protection under the provisions of section 26-5, an employee of the Department of Correction or a person providing services on behalf of said department when such employee or person is acting within the scope of such employee's or person's employment or duties in a correctional institution or facility and the actor is confined in such institution or facility, or any firefighter, while such victim was acting within the scope of such victim's duties; (2) murder committed by a defendant who is hired to commit the same for pecuniary gain or murder committed by one who is hired by the defendant to commit the same for pecuniary gain; (3) murder committed by one who has previously been convicted of intentional murder or of murder committed in the course of commission of a felony; (4) murder committed by one who was, at the time of commission of the murder, under sentence of life imprisonment; (5) murder by a kidnapper of a kidnapped person during the course of the kidnapping or before such person is able to return or be returned to safety; (6) murder committed in the course of the commission of sexual assault in the first degree; (7) murder of two or more persons at the same time or in the course of a single transaction; or (8) murder of a person under sixteen years of age.

CREDIT(S)

(1973, P.A. 73-137, § 3; 1977, P.A. 77-604, § 39, eff. July 6, 1977; 1977, P.A. 77-614, § 486, eff. Jan. 1, 1979; 1980, P.A. 80-335; 1985, P.A. 85-144; 1992, P.A. 92-260, § 27; 1995, P.A. 95-16, § 4; 1998, P.A. 98-126, § 1; 2000, P.A. 00-99, § 120, eff. Dec. 1, 2000; 2001, P.A. 01-84, § 10, eff. July 1, 2001; 2001, P.A. 01-151, § 3, eff. July 1, 2001; 2011, P.A. 11-51, § 134(a), eff. July 1, 2011; 2011, P.A. 11-80, § 1, eff. July 1, 2011; 2012, P.A. 12-5, § 1, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-54c

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-54c. Felony murder

A person is guilty of murder when, acting either alone or with one or more persons, he commits or attempts to commit robbery, burglary, kidnapping, sexual assault in the first degree, aggravated sexual assault in the first degree, sexual assault in the third degree, sexual assault in the third degree with a firearm, escape in the first degree, or escape in the second degree and, in the course of and in furtherance of such crime or of flight therefrom, he, or another participant, if any, causes the death of a person other than one of the participants, except that in any prosecution under this section, in which the defendant was not the only participant in the underlying crime, it shall be an affirmative defense that the defendant: (1) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and (2) was not armed with a deadly weapon, or any dangerous instrument; and (3) had no reasonable ground to believe that any other participant was armed with such a weapon or instrument; and (4) had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

CREDIT(S)

(1974, P.A. 74-186, § 11, eff. May 13, 1974; 1976, P.A. 76-336, § 21; 1979, P.A. 79-570, § 2; 1992, P.A. 92-260, § 28.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-54d

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-54d. Arson murder

A person is guilty of murder when, acting either alone or with one or more persons, he commits arson and, in the course of such arson, causes the death of a person. Notwithstanding any other provision of the general statutes, any person convicted of murder under this section shall be punished by life imprisonment and shall not be eligible for parole.

CREDIT(S)

(1979, P.A. 79-570, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-54e

Effective: April 25, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-54e. Construction of statutes re capital felony committed prior to April 25, 2012

The provisions of subsection (t) of section 1-1 and section 54-194 shall apply and be given full force and effect with respect to a capital felony committed prior to April 25, 2012, under the provisions of section 53a-54b in effect prior to April 25, 2012.

CREDIT(S)

(2012, P.A. 12-5, § 38, eff. April 25, 2012.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-55

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-55. Manslaughter in the first degree: Class B felony

(a) A person is guilty of manslaughter in the first degree when: (1) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or (2) with intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he committed the proscribed act or acts under the influence of extreme emotional disturbance, as provided in subsection (a) of section 53a-54a, except that the fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subsection; or (3) under circumstances evincing an extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person.

(b) Manslaughter in the first degree is a class B felony.

CREDIT(S)

(1969, P.A. 828, § 56, eff. Oct. 1, 1971; 1973, P.A. 73-137, § 9; 1983, P.A. 83-486, § 5.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-55a

Effective: July 1, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-55a. Manslaughter in the first degree with a firearm: Class B felony: Five years not suspendable

(a) A person is guilty of manslaughter in the first degree with a firearm when he commits manslaughter in the first degree as provided in section 53a-55, and in the commission of such offense he uses, or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, machine gun, rifle or other firearm. No person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Manslaughter in the first degree with a firearm is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with subdivision (5) of section 53a-35a of which five years of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1975, P.A. 75-380, § 3; 1994, July Sp.Sess., P.A. 94-2, § 1; 2007, P.A. 07-143, § 13, eff. July 1, 2007.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-56

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-56. Manslaughter in the second degree: Class C felony

(a) A person is guilty of manslaughter in the second degree when: (1) He recklessly causes the death of another person; or (2) he intentionally causes or aids another person, other than by force, duress or deception, to commit suicide.

(b) Manslaughter in the second degree is a class C felony.

CREDIT(S)

(1969, P.A. 828, § 57, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-56a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-56a. Manslaughter in the second degree with a firearm: Class C felony: One year not suspendable

(a) A person is guilty of manslaughter in the second degree with a firearm when he commits manslaughter in the second degree as provided in section 53a-56, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm. No person shall be found guilty of manslaughter in the second degree and manslaughter in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Manslaughter in the second degree with a firearm is a class C felony for which one year of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1975, P.A. 75-380, § 4.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-56b

Effective: October 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-56b. Manslaughter in the second degree with a motor vehicle: Class C felony

(a) A person is guilty of manslaughter in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug.

(b) Manslaughter in the second degree with a motor vehicle is a class C felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

CREDIT(S)

(1982, P.A. 82-403, § 1; 1983, P.A. 83-534, § 8; 1985, P.A. 85-147, § 1; 2008, P.A. 08-150, § 59.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-57

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-57. Misconduct with a motor vehicle: Class D felony

(a) A person is guilty of misconduct with a motor vehicle when, with criminal negligence in the operation of a motor vehicle, he causes the death of another person.

(b) Misconduct with a motor vehicle is a class D felony.

CREDIT(S)

(1969, P.A. 828, § 58, eff. Oct. 1, 1971; 1976, P.A. 76-16; 1982, P.A. 82-403, § 3.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-58

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-58. Criminally negligent homicide: Class A misdemeanor

(a) A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person, except where the defendant caused such death by a motor vehicle.

(b) Criminally negligent homicide is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 59, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-58a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part IV. Homicide (Refs & Annos)

§ 53a-58a. Repealed. (1981, P.A. 81-26, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 952, Pt. V, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 952. Penal Code: Offenses

Part V. Assault and Related Offenses

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-59

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-59. Assault in the first degree: Class B felony: Nonsuspendable sentences

(a) A person is guilty of assault in the first degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or (2) with intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or (3) under circumstances evincing an extreme indifference to human life he recklessly engages in conduct which creates a risk of death to another person, and thereby causes serious physical injury to another person; or (4) with intent to cause serious physical injury to another person and while aided by two or more other persons actually present, he causes such injury to such person or to a third person; or (5) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of the discharge of a firearm.

(b) Assault in the first degree is a class B felony provided (1) any person found guilty under subdivision (1) of subsection (a) 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 and (2) any person found guilty under subsection (a) 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 of the offense is a person under ten years of age or if the victim of the offense is a witness, as defined in section 53a-146, and the actor knew the victim was a witness.

CREDIT(S)

(1969, P.A. 828, § 60, eff. Oct. 1, 1971; 1980, P.A. 80-442, § 16, eff. July 1, 1981; 1992, P.A. 92-87, § 1; 1994, July Sp. Sess., P.A. 94-2, § 3; 1995, P.A. 95-142, § 12; 1999, P.A. 99-240, § 13.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-59a

Effective: October 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-59a. Assault of an elderly, blind, disabled or pregnant person or person with intellectual disability in the first degree: Class B felony: Five years not suspendable

(a) A person is guilty of assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the first degree, when such person commits assault in the first degree under section 53a-59(a)(2), 53a-59(a)(3) or 53a-59(a)(5) and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault is a person with intellectual disability, as defined in section 1-1g, and the actor is not a person with intellectual disability.

(b) No person shall be found guilty of assault in the first degree and assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with intellectual disability, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with intellectual disability.

(d) Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the first degree is a class B felony and 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.

CREDIT(S)

(1977, P.A. 77-422, § 1; 1980, P.A. 80-442, § 17, eff. July 1, 1981; 1994, July Sp. Sess., P.A. 94-2, § 4; 1999, P.A. 99-122, § 1; 1999, P.A. 99-186, § 14; 2011, P.A. 11-129, § 11.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-59b

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-59b. Assault of an employee of the department of correction in the first degree: Class B felony

(a) A person is guilty of assault of an employee of the Department of Correction in the first degree when he is in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction and commits assault in the first degree under section 53a-59 and the victim of such assault is an employee of the Department of Correction acting in the performance of his duties.

(b) No person shall be found guilty of assault in the first degree and assault of an employee of the Department of Correction in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

(c) Assault of an employee of the Department of Correction in the first degree is a class B felony. If any person is sentenced to a term of imprisonment for a violation of this section which occurred while such person was confined in an institution or facility of the Department of Correction, such term of imprisonment shall run consecutively to the term for which the person was serving at the time of the assault.

CREDIT(S)

(1993, P.A. 93-246, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-59c

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-59c. Assault of a pregnant woman resulting in termination of pregnancy: Class A felony

(a) A person is guilty of assault of a pregnant woman resulting in termination of pregnancy when such person commits assault in the first degree as provided under subdivision (1) of subsection (a) of section 53a-59 and (1) the victim of such assault is pregnant, and (2) such assault results in the termination of pregnancy that does not result in a live birth.

(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know that the victim was pregnant.

(c) Assault of a pregnant woman resulting in termination of pregnancy is a class A felony.

CREDIT(S)

(2003, P.A. 03-21, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-60

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-60. Assault in the second degree: Class D felony

(a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) he is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, he causes physical injury to such employee or member.

(b) Assault in the second degree is a class D felony.

CREDIT(S)

(1969, P.A. 828, § 61, eff. Oct. 1, 1971; 1971, P.A. 871, § 18; 1973, P.A. 73-639, § 20; 1984, P.A. 84-236, § 4; 1993, P.A. 93-246, § 3; 1994, July Sp.Sess., P.A. 94-2, § 5; 2004, P.A. 04-234, § 2, eff. July 1, 2004.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-60a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-60a. Assault in the second degree with a firearm: Class D felony: One year not suspendable

(a) A person is guilty of assault in the second degree with a firearm when he commits assault in the second degree as provided in section 53a-60, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be found guilty of assault in the second degree and assault in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Assault in the second degree with a firearm is a class D felony for which one year of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1975, P.A. 75-380, § 5.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-60b

Effective: October 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-60b. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable

(a) A person is guilty of assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree when such person commits assault in the second degree under section 53a-60 or larceny in the second degree under section 53a-123(a)(3) and (1) the victim of such assault or larceny has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault or larceny is a person with intellectual disability, as defined in section 1-1g, and the actor is not a person with intellectual disability.

(b) No person shall be found guilty of assault in the second degree or larceny in the second degree under section 53a-123(a)(3) and assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree upon the same incident of assault or larceny, as the case may be, but such person may be charged and prosecuted for all such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with intellectual disability, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with intellectual disability.

(d) Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree is a class D felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1977, P.A. 77-422, § 2; 1980, P.A. 80-442, § 18, eff. July 1, 1981; 1992, P.A. 92-260, § 29; 1999, P.A. 99-122, § 2; 1999, P.A. 99-186, § 15; 2001, P.A. 01-84, § 6, eff. July 1, 2001; 2011, P.A. 11-129, § 12.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-60c

Effective: October 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-60c. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm: Class D felony: Three years not suspendable

(a) A person is guilty of assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm when such person commits assault in the second degree with a firearm under section 53a-60a and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault is a person with intellectual disability, as defined in section 1-1g, and the actor is not a person with intellectual disability.

(b) No person shall be found guilty of assault in the second degree or assault in the second degree with a firearm and assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm upon the same incident of assault but such person may be charged and prosecuted for all of such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with intellectual disability, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with intellectual disability.

(d) Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree with a firearm is a class D felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which three years of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1977, P.A. 77-422, § 3; 1980, P.A. 80-442, § 19, eff. July 1, 1981; 1999, P.A. 99-122, § 3; 1999, P.A. 99-186, § 16; 2011, P.A. 11-129, § 13.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-60d

Effective: October 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-60d. Assault in the second degree with a motor vehicle: Class D felony

(a) A person is guilty of assault in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug.

(b) Assault in the second degree with a motor vehicle is a class D felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

CREDIT(S)

(1982, P.A. 82-403, § 2; 1983, P.A. 83-534, § 9; 1985, P.A. 85-147, § 2; 2008, P.A. 08-150, § 60.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-61

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-61. Assault in the third degree: Class A misdemeanor

(a) A person is guilty of assault in the third degree when: (1) With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or (2) he recklessly causes serious physical injury to another person; or (3) with criminal negligence, he causes physical injury to another person by means of a deadly weapon, a dangerous instrument or an electronic defense weapon.

(b) Assault in the third degree is a class A misdemeanor and any person found guilty under subdivision (3) of subsection (a) of this section shall be sentenced to a term of imprisonment of one year which may not be suspended or reduced.

CREDIT(S)

(1969, P.A. 828, § 62, eff. Oct. 1, 1971; 1986, P.A. 86-287, § 3; 1992, P.A. 92-260, § 30.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-61a

Effective: October 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-61a. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree: Class A misdemeanor: One year not suspendable

(a) A person is guilty of assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree when such person commits assault in the third degree under section 53a-61 and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault is a person with intellectual disability, as defined in section 1-1g, and the actor is not a person with intellectual disability.

(b) No person shall be found guilty of assault in the third degree and assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

(c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with intellectual disability, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with intellectual disability.

(d) Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the third degree is a class A misdemeanor and any person found guilty under this section shall be sentenced to a term of imprisonment of one year which shall not be suspended or reduced.

CREDIT(S)

(1977, P.A. 77-422, § 4; 1992, P.A. 92-260, § 31; 1999, P.A. 99-122, § 4; 1999, P.A. 99-186, § 17; 2011, P.A. 11-129, § 14.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-61b

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§§ 53a-61b to 53a-61z. Reserved for future use

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-61z

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§§ 53a-61b to 53a-61z. Reserved for future use

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-61aa

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-61aa. Threatening in the first degree: Class D felony

(a) A person is guilty of threatening in the first degree when such person (1) (A) threatens to commit any crime involving the use of a hazardous substance with the intent to terrorize another person, to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (B) threatens to commit such crime in reckless disregard of the risk of causing such terror, evacuation or inconvenience; (2) (A) threatens to commit any crime of violence with the intent to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (B) threatens to commit such crime in reckless disregard of the risk of causing such evacuation or inconvenience; or (3) commits threatening in the second degree as provided in section 53a-62, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm. No person shall be found guilty of threatening in the first degree under subdivision (3) of this subsection and threatening in the second degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) For the purposes of this section, “hazardous substance” means any physical, chemical, biological or radiological substance or matter which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health.

(c) Threatening in the first degree is a class D felony.

CREDIT(S)

(2001, Nov. 15 Sp.Sess., P.A. 01-2, § 7, eff. Jan. 1, 2002; 2002, P.A. 02-97, § 15; 2003, P.A. 03-22, § 1; 2012, P.A. 12-114, § 10.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-62

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-62. Threatening in the second degree: Class A misdemeanor

(a) A person is guilty of threatening in the second degree when: (1) By physical threat, such person intentionally places or attempts to place another person in fear of imminent serious physical injury, (2) such person threatens to commit any crime of violence with the intent to terrorize another person, or (3) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror.

(b) Threatening in the second degree is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 63, eff. Oct. 1, 1971; 2001, Nov. Sp.Sess., P.A. 01-2, § 8, eff. Jan. 1, 2002; 2002, P.A. 02-97, § 16.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-63

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-63. Reckless endangerment in the first degree: Class A misdemeanor

(a) A person is guilty of reckless endangerment in the first degree when, with extreme indifference to human life, he recklessly engages in conduct which creates a risk of serious physical injury to another person.

(b) Reckless endangerment in the first degree is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 64, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-64

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-64. Reckless endangerment in the second degree: Class B misdemeanor

(a) A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a risk of physical injury to another person.

(b) Reckless endangerment in the second degree is a class B misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 65, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-64a

Effective: December 11, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§§ 53a-64a to 53a-64z. Reserved for future use

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-64z

Effective: December 11, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§§ 53a-64a to 53a-64z. Reserved for future use

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-64aa

Effective: October 1, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-64aa. Strangulation in the first degree: Class C felony

(a) A person is guilty of strangulation in the first degree when such person commits strangulation in the second degree as provided in section 53a-64bb and (1) in the commission of such offense, such person (A) uses or attempts to use a dangerous instrument, or (B) causes serious physical injury to such other person, or (2) such person has previously been convicted of a violation of this section or section 53a-64bb.

(b) No person shall be found guilty of strangulation in the first degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of section 53a-95 or 53a-96, and “assault” means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(c) Strangulation in the first degree is a class C felony.

CREDIT(S)

(2007, P.A. 07-123, § 8.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-64bb

Effective: October 1, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-64bb. Strangulation in the second degree: Class D felony

(a) A person is guilty of strangulation in the second degree when such person restrains another person by the neck or throat with the intent to impede the ability of such other person to breathe or restrict blood circulation of such other person and such person impedes the ability of such other person to breathe or restricts blood circulation of such other person.

(b) No person shall be found guilty of strangulation in the second degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of section 53a-95 or 53a-96, and “assault” means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(c) Strangulation in the second degree is a class D felony.

CREDIT(S)

(2007, P.A. 07-123, § 9.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-64cc

Effective: October 1, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part V. Assault and Related Offenses (Refs & Annos)

§ 53a-64cc. Strangulation in the third degree: Class A misdemeanor

(a) A person is guilty of strangulation in the third degree when such person recklessly restrains another person by the neck or throat and impedes the ability of such other person to breathe or restricts blood circulation of such other person.

(b) No person shall be found guilty of strangulation in the third degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of section 53a-95 or 53a-96, and “assault” means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(c) Strangulation in the third degree is a class A misdemeanor.

CREDIT(S)

(2007, P.A. 07-123, § 10.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 952, Pt. VI, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 952. Penal Code: Offenses

Part VI. Sex Offenses

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-65

Effective: October 1, 2009

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-65. Definitions

As used in this part, except section 53a-70b, the following terms have the following meanings:

(1) “Actor” means a person accused of sexual assault.

(2) “Sexual intercourse” means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex. Its meaning is limited to persons not married to each other. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the victim's body.

(3) “Sexual contact” means any contact with the intimate parts of a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person or any contact of the intimate parts of the actor with a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person.

(4) “Mentally defective” means that a person suffers from a mental disease or defect which renders such person incapable of appraising the nature of such person's conduct.

(5) “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling such person's conduct owing to the influence of a drug or intoxicating substance administered to such person without such person's consent, or owing to any other act committed upon such person without such person's consent.

(6) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(7) “Use of force” means: (A) Use of a dangerous instrument; or (B) use of actual physical force or violence or superior physical strength against the victim.

(8) “Intimate parts” means the genital area or any substance emitted therefrom, groin, anus or any substance emitted therefrom, inner thighs, buttocks or breasts.

(9) “Psychotherapist” means a physician, psychologist, nurse, substance abuse counselor, social worker, clergyman, marital and family therapist, mental health service provider, hypnotist or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

(10) “Psychotherapy” means the professional treatment, assessment or counseling of a mental or emotional illness, symptom or condition.

(11) “Emotionally dependent” means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows or has reason to know that the patient or former patient is unable to withhold consent to sexual contact by or sexual intercourse with the psychotherapist.

(12) “Therapeutic deception” means a representation by a psychotherapist that sexual contact by or sexual intercourse with the psychotherapist is consistent with or part of the patient's treatment.

(13) “School employee” means: (A) A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary, middle or high school or working in a public or private elementary, middle or high school; or (B) any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in (i) a public elementary, middle or high school, pursuant to a contract with the local or regional board of education, or (ii) a private elementary, middle or high school, pursuant to a contract with the supervisory agent of such private school.

CREDIT(S)

(1969, P.A. 828, § 66, eff. Oct. 1, 1971; 1975, P.A. 75-619, § 1; 1981, P.A. 81-27, § 2; 1985, P.A. 85-341, § 1; 1987, P.A. 87-259; 1992, P.A. 92-260, § 32; 1993, P.A. 93-340, § 1, eff. Oct. 1, 1993; 1994, P.A. 94-221, § 17; 2006, P.A. 06-11, § 1; 2006, P.A. 06-107, § 1; 2006, P.A. 06-187, § 45; 2009, P.A. 09-242, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-66

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-66. Repealed. (1975, P.A. 75-619, § 7.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-67

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-67. Affirmative defenses

(a) In any prosecution for an offense under this part based on the victim's being mentally defective, mentally incapacitated or physically helpless, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know of such condition of the victim.

(b) In any prosecution for an offense under this part, except an offense under section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, it shall be an affirmative defense that the defendant and the alleged victim were, at the time of the alleged offense, living together by mutual consent in a relationship of cohabitation, regardless of the legal status of their relationship.

CREDIT(S)

(1969, P.A. 828, § 68, eff. Oct. 1, 1971; 1975, P.A. 75-619, § 2; 1981, P.A. 81-27, § 3; 1990, P.A. 90-162.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-68

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-68. Repealed. (1974, P.A. 74-131.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-69

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-69. Repealed. (1987, P.A. 87-223.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-70

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-70. Sexual assault in the first degree: Class B or A felony

(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.

(3) Any 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.

CREDIT(S)

(1969, P.A. 828, § 71, eff. Oct. 1, 1971; 1971, P.A. 871, § 19; 1972, P.A. 127, § 78; 1975, P.A. 75-619, § 3; 1982, P.A. 82-428, § 2; 1989, P.A. 89-359; 1992, P.A. 92-87, § 3; 1993, P.A. 93-340, § 14, eff. Oct. 1, 1993; 1995, P.A. 95-142, § 13; 1999, June Sp.Sess., P.A. 99-2, § 49; 2000, P.A. 00-161, § 1; 2002, P.A. 02-138, § 5.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-70a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-70a. Aggravated sexual assault in the first degree: Class B or A felony

(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 years of age, twenty years of the sentence imposed may not be suspended or reduced by the court. Any person found guilty under this section shall be sentenced to a period of special parole pursuant to subsection (b) of section 53a-28 of at least five years.

CREDIT(S)

(1975, P.A. 75-619, § 9; 1980, P.A. 80-442, § 20, eff. July 1, 1981; 1987, P.A. 87-246; 1992, P.A. 92-87, § 2; 1999, June Sp.Sess., P.A. 99-2, § 50; 2002, P.A. 02-138, § 6.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-70b

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-70b. Sexual assault in spousal or cohabiting relationship: Class B felony

(a) For the purposes of this section:

(1) “Sexual intercourse” means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the victim's body; and

(2) “Use of force” means: (A) Use of a dangerous instrument; or (B) use of actual physical force or violence or superior physical strength against the victim.

(b) No spouse or cohabitor shall compel the other spouse or cohabitor to engage in sexual intercourse by the use of force against such other spouse or cohabitor, or by the threat of the use of force against such other spouse or cohabitor which reasonably causes such other spouse or cohabitor to fear physical injury.

(c) Any person who violates any provision of this section shall be guilty of a class B felony.

CREDIT(S)

(1981, P.A. 81-27, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-70c

Effective: July 1, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-70c. Aggravated sexual assault of a minor: Class A felony

(a) A person is guilty of aggravated sexual assault of a minor when such person commits a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-71, 53a-86, 53a-87 or 53a-196a and the victim of such offense is under thirteen years of age, and (1) such person kidnapped or illegally restrained the victim, (2) such person stalked the victim, (3) such person used violence to commit such offense against the victim, (4) such person caused serious physical injury to or disfigurement of the victim, (5) there was more than one victim of such offense under thirteen years of age, (6) such person was not known to the victim, or (7) such person has previously been convicted of a violent sexual assault.

(b) Aggravated sexual assault of a minor 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 any subsequent offense, be sentenced to a term of imprisonment of fifty years which may not be suspended or reduced by the court.

CREDIT(S)

(2007, P.A. 07-143, § 3, eff. July 1, 2007.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-71

Effective: October 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-71. Sexual assault in the second degree: Class C or B felony

(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 three years older than such other 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; or (11) such other person is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over such other person.

(b) Sexual assault in the second degree is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section 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.

CREDIT(S)

(1969, P.A. 828, § 72, eff. Oct. 1, 1971; 1975, P.A. 75-619, § 4; 1982, P.A. 82-428, § 3, eff. Oct. 1, 1982; 1983, P.A. 83-326, § 1; 1985, P.A. 85-341, § 2; 1993, P.A. 93-340, § 2, eff. Oct. 1, 1993; 1994, P.A. 94-221, § 18; 2000, P.A. 00-161, § 2; 2002, P.A. 02-138, § 7; 2002, P.A. 02-106, § 1; 2004, P.A. 04-130, § 1; 2007, P.A. 07-143, § 1; 2011, P.A. 11-113, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-72

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-72. Repealed. (1975, P.A. 75-619, § 7.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-72a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-72a. Sexual assault in the third degree: Class D or C felony

(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 assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.

CREDIT(S)

(1975, P.A. 75-619, § 5; 1980, P.A. 80-346, § 1; 1992, P.A. 92-260, § 33; 2002, P.A. 02-138, § 8.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-72b

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-72b. Sexual assault in the third degree with a firearm: Class C or B felony

(a) A person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree as provided in section 53a-72a, and in the commission of such offense, 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 pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Sexual assault in the third degree with a firearm is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of ten years.

CREDIT(S)

(1975, P.A. 75-619, § 10; 1999, June Sp.Sess., P.A. 99-2, § 51; 2002, P.A. 02-138, § 9.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-73

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-73. Repealed. (1971, P.A. 71-871, § 129; 1975, P.A. 75-619, § 7.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-73a

Effective: October 1, 2011

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony

(a) A person is guilty of sexual assault in the fourth degree when: (1) Such person intentionally subjects another person to sexual contact who is (A) under thirteen years of age and the actor is more than two years older than such other person, or (B) thirteen years of age or older but under fifteen years of age and the actor is more than three years older than such other person, or (C) mentally defective or mentally incapacitated to the extent that such other person is unable to consent to such sexual contact, or (D) physically helpless, or (E) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (F) 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 (2) such person subjects another person to sexual contact without such other person's consent; or (3) such person engages in sexual contact with an animal or dead body; or (4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (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 contact occurs by means of therapeutic deception; or (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or (6) such person is a school employee and subjects another person to sexual contact who 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 (7) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who 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 (8) such person subjects another person to sexual contact and (A) 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 (B) such other person is under eighteen years of age; or (9) such person subjects another person to sexual contact who is placed or receiving services under the direction of the Commissioner of Developmental Services in any public or private facility or program and the actor has supervisory or disciplinary authority over such other person.

(b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.

CREDIT(S)

(1975, P.A. 75-619, § 6; 1983, P.A. 83-326, § 2; 1993, P.A. 93-340, § 3, eff. Oct. 1, 1993; 1994, P.A. 94-221, § 19; 2002, P.A. 02-138, § 10; 2002, P.A. 02-106, § 2; 2004, P.A. 04-130, § 2; 2007, P.A. 07-143, § 2; 2011, P.A. 11-113, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-74

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§§ 53a-74 to 53a-80. Repealed. (1975, P.A. 75-619, § 7.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-80

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§§ 53a-74 to 53a-80. Repealed. (1975, P.A. 75-619, § 7.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-81

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-81. Repealed. (1991, P.A. 91-19, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-82

Effective: October 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-82. Prostitution: Class A misdemeanor

(a) A person sixteen years of age or older is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor was coerced into committing such offense by another person in violation of section 53a-192a.

(c) In any prosecution of a person sixteen or seventeen years of age for an offense under this section, there shall be a presumption that the actor was coerced into committing such offense by another person in violation of section 53a-192a.

(d) Prostitution is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 83, eff. Oct. 1, 1971; 2006, P.A. 06-43, § 5, eff. July 1, 2006; 2010, P.A. 10-115, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-83

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-83. Patronizing a prostitute: Class A misdemeanor

(a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) he pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) he solicits or requests another person to engage in sexual conduct with him in return for a fee.

(b) Patronizing a prostitute is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 84, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-83a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-83a. Patronizing a prostitute from a motor vehicle: Class A misdemeanor

(a) A person is guilty of patronizing a prostitute from a motor vehicle when he, while occupying a motor vehicle: (1) Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) solicits or requests another person to engage in sexual conduct with him in return for a fee; or (4) engages in sexual conduct for which a fee was paid or agreed to be paid.

(b) Patronizing a prostitute from a motor vehicle is a class A misdemeanor.

CREDIT(S)

(1993, P.A. 93-265, § 2; 1997, P.A. 97-279, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-84

Effective: October 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-84. Defenses barred

(a) In any prosecution for prostitution in violation of section 53a-82 or patronizing a prostitute in violation of section 53a-83 or 53a-83a, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it shall be no defense that: (1) Such persons were of the same sex; or (2) the person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.

(b) In any prosecution for patronizing a prostitute in violation of section 53a-83 or 53a-83a, promoting prostitution in violation of section 53a-86, 53a-87 or 53a-88 or permitting prostitution in violation of section 53a-89, it shall be no defense that the person engaging or agreeing to engage in sexual conduct with another person in return for a fee could not be prosecuted for a violation of section 53a-82 on account of such person's age.

CREDIT(S)

(1969, P.A. 828, § 85, eff. Oct. 1, 1971; 2010, P.A. 10-115, § 4.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-85

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-85. Promoting prostitution: Definitions

The following definitions are applicable to sections 53a-86 to 53a-89, inclusive:

(1) A person “advances prostitution” when, acting other than as a prostitute or as a patron thereof, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

(2) A person “profits from prostitution” when acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.

CREDIT(S)

(1969, P.A. 828, § 86, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-86

Effective: October 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-86. Promoting prostitution in the first degree: Class B felony

(a) A person is guilty of promoting prostitution in the first degree when he 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 eighteen years old.

(b) Promoting prostitution in the first degree is a class B felony. Any person found guilty under subdivision (2) of subsection (a) of this section 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.

CREDIT(S)

(1969, P.A. 828, § 87, eff. Oct. 1, 1971; 2010, P.A. 10-115, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-87

Effective: October 1, 2010

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-87. Promoting prostitution in the second degree: Class C felony

(a) A person is guilty of promoting prostitution in the second degree when he knowingly 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.

(b) Promoting prostitution in the second degree is a class C felony.

CREDIT(S)

(1969, P.A. 828, § 88, eff. Oct. 1, 1971; 1972, P.A. 127, § 81; 2010, P.A. 10-115, § 3.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-88

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-88. Promoting prostitution in the third degree: Class D felony

(a) A person is guilty of promoting prostitution in the third degree when he knowingly advances or profits from prostitution.

(b) Promoting prostitution in the third degree is a class D felony.

CREDIT(S)

(1969, P.A. 828, § 89, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-89

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-89. Permitting prostitution: Class A misdemeanor

(a) A person is guilty of permitting prostitution when, having possession or control of premises which he knows are being used for prostitution purposes, he fails to make reasonable effort to halt or abate such use.

(b) Permitting prostitution is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 90, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-90

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-90. Transferred to C.G.S.A. § 54-102a in Gen.St., Rev. to 1995

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-90a

Effective: July 1, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-90a. Enticing a minor. Penalties

(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) (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 B felony if the victim of the offense is under thirteen years of age and any person found guilty of such class B felony shall, for a first offense, be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court and, for any subsequent offense, be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1999, P.A. 99-113; 2004, P.A. 04-139, § 1, eff. July 1, 2004; 2007, P.A. 07-143, § 5, eff. July 1, 2007.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-90b

Effective: October 1, 2007

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VI. Sex Offenses (Refs & Annos)

§ 53a-90b. Misrepresentation of age to entice a minor: Class C felony

(a) A person is guilty of misrepresentation of age to entice a minor when such person, in the course of and in furtherance of the commission of a violation of section 53a-90a, intentionally misrepresents such person's age.

(b) Misrepresentation of age to entice a minor is a class C felony.

CREDIT(S)

(2007, June Sp.Sess., P.A. 07-4, § 97.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 952, Pt. VII, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 952. Penal Code: Offenses

Part VII. Kidnapping and Related Offenses

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-91

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-91. Definitions

The following definitions are applicable to this part:

(1) “Restrain” means to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent. As used herein “without consent” means, but is not limited to, (A) deception and (B) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

(2) “Abduct” means to restrain a person with intent to prevent his liberation by either (A) secreting or holding him in a place where he is not likely to be found, or (B) using or threatening to use physical force or intimidation.

(3) “Relative” means a parent, ancestor, brother, sister, uncle or aunt.

CREDIT(S)

(1969, P.A. 828, § 92, eff. Oct. 1, 1971; 1992, P.A. 92-260, § 35.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-92

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-92. Kidnapping in the first degree: Class A felony

(a) A person is guilty of kidnapping in the first degree when he abducts another person and: (1) His intent is to compel a third person (A) to pay or deliver money or property as ransom or (B) to engage in other particular conduct or to refrain from engaging in particular conduct; or (2) he restrains the person abducted with intent to (A) inflict physical injury upon him or violate or abuse him sexually; or (B) accomplish or advance the commission of a felony; or (C) terrorize him or a third person; or (D) interfere with the performance of a government function.

(b) Kidnapping in the first degree is a class A felony.

CREDIT(S)

(1969, P.A. 828, §§ 93, 94, eff. Oct. 1, 1971; 1973, P.A. 73-137, § 5; 1992, P.A. 92-260, § 36.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-92a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-92a. Kidnapping in the first degree with a firearm: Class A felony: One year not suspendable

(a) A person is guilty of kidnapping in the first degree with a firearm when he commits kidnapping in the first degree as provided in section 53a-92, and in the commission of said crime he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be convicted of kidnapping in the first degree and kidnapping in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Kidnapping in the first degree with a firearm is a class A felony for which one year of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1975, P.A. 75-380, § 9.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-93

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-93. Repealed. (1973, P.A. 73-137, § 15.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-94

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-94. Kidnapping in the second degree: Class B felony: Three years not suspendable

(a) A person is guilty of kidnapping in the second degree when he abducts another person.

(b) Kidnapping in the second degree is a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1969, P.A. 828, § 96, eff. Oct. 1, 1971; 1993, P.A. 93-148, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-94a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-94a. Kidnapping in the second degree with a firearm: Class B felony: Three years not suspendable

(a) A person is guilty of kidnapping in the second degree with a firearm when he commits kidnapping in the second degree, as provided in section 53a-94, and in the commission of such offense he uses or is armed with and threatens the use of or uses or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be convicted of kidnapping in the second degree and kidnapping in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Kidnapping in the second degree with a firearm is a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court.

CREDIT(S)

(1975, P.A. 75-380, § 10; 1992, P.A. 92-260, § 37; 1993, P.A. 93-148, § 2.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-95

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-95. Unlawful restraint in the first degree: Class D felony

(a) A person is guilty of unlawful restraint in the first degree when he restrains another person under circumstances which expose such other person to a substantial risk of physical injury.

(b) Unlawful restraint in the first degree is a class D felony.

CREDIT(S)

(1969, P.A. 828, § 97, eff. Oct. 1, 1971; 1992, P.A. 92-260, § 38.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-96

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-96. Unlawful restraint in the second degree: Class A misdemeanor

(a) A person is guilty of unlawful restraint in the second degree when he restrains another person.

(b) Unlawful restraint in the second degree is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 98, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-97

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-97. Custodial interference in the first degree: Class D felony

(a) A person is guilty of custodial interference in the first degree when he commits custodial interference in the second degree as provided in section 53a-98: (1) Under circumstances which expose the child or person taken or enticed from lawful custody or the child held after a request by the lawful custodian for his return to a risk that his safety will be endangered or his health materially impaired; or (2) by taking, enticing or detaining the child or person out of this state.

(b) Custodial interference in the first degree is a class D felony.

CREDIT(S)

(1969, P.A. 828, § 99, eff. Oct. 1, 1971; 1981, P.A. 81-280, § 2; 1992, P.A. 92-260, § 39; 1995, P.A. 95-206, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-98

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-98. Custodial interference in the second degree: Class A misdemeanor

(a) A person is guilty of custodial interference in the second degree when: (1) Being a relative of a child who is less than sixteen years old and intending to hold such child permanently or for a protracted period and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian; (2) knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or any person entrusted by authority of law to the custody of another person or institution; or (3) knowing that he has no legal right to do so, he holds, keeps or otherwise refuses to return a child who is less than sixteen years old to such child's lawful custodian after a request by such custodian for the return of such child.

(b) Custodial interference in the second degree is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 100, eff. Oct. 1, 1971; 1981, P.A. 81-280, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-99

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VII. Kidnapping and Related Offenses (Refs & Annos)

§ 53a-99. Substitution of children: Class D felony

(a) A person is guilty of substitution of children when, having been temporarily entrusted with a child less than one year old and, intending to deceive a parent, guardian or other lawful custodian of such child, he substitutes, produces or returns to such parent, guardian or custodian a child other than the one entrusted.

(b) Substitution of children is a class D felony.

CREDIT(S)

(1969, P.A. 828, § 101, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. T. 53a, Ch. 952, Pt. VIII, Refs & Annos

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code

Chapter 952. Penal Code: Offenses

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-100

Effective: March 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-100. Definitions

(a) The following definitions are applicable to this part: (1) “Building” in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping car, railroad car or other structure or vehicle or any building with a valid certificate of occupancy. Where a building consists of separate units, such as, but not limited to separate apartments, offices or rented rooms, any unit not occupied by the actor is, in addition to being a part of such building, a separate building; (2) “dwelling” means a building which is usually occupied by a person lodging therein at night, whether or not a person is actually present; (3) “night” means the period between thirty minutes after sunset and thirty minutes before sunrise; and (4) “public land” means a state park, state forest or municipal park or any other publicly-owned land that is open to the public for active or passive recreation.

(b) The following definition is applicable to sections 53a-100aa to 53a-106, inclusive: A person “enters or remains unlawfully” in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the actor is not otherwise licensed or privileged to do so.

CREDIT(S)

(1969, P.A. 828, § 102, eff. Oct. 1, 1971; 1974, P.A. 74-186, § 10, eff. May 13, 1974; 1979, P.A. 79-570, § 7; 1992, P.A. 92-260, § 40; 2005, P.A. 05-234, § 8, eff. Jan. 1, 2006; 2008, Jan.Sp.Sess., P.A. 08-1, § 4, eff. March 1, 2008.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-100a

Effective: March 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§§ 53a-100a to 53a-100z. Reserved for future use

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-100z

Effective: March 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§§ 53a-100a to 53a-100z. Reserved for future use

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-100aa

Effective: March 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-100aa. Home invasion: Class A felony

(a) A person is guilty of home invasion when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein, and, in the course of committing the offense: (1) Acting either alone or with one or more persons, such person or another participant in the crime commits or attempts to commit a felony against the person of another person other than a participant in the crime who is actually present in such dwelling, or (2) such person is armed with explosives or a deadly weapon or dangerous instrument.

(b) An act shall be deemed “in the course of committing” the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission.

(c) Home invasion is a class A felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which ten years may not be suspended or reduced by the court.

CREDIT(S)

(2008, Jan. Sp.Sess., P.A. 08-1, § 1, eff. March 1, 2008.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-101

Effective: March 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-101. Burglary in the first degree: Class B felony

(a) A person is guilty of burglary in the first degree when (1) such person enters or remains unlawfully in a building with intent to commit a crime therein and is armed with explosives or a deadly weapon or dangerous instrument, or (2) such person enters or remains unlawfully in a building with intent to commit a crime therein and, in the course of committing the offense, intentionally, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone, or (3) such person enters or remains unlawfully in a dwelling at night with intent to commit a crime therein.

(b) An act shall be deemed “in the course of committing” the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission.

(c) Burglary in the first degree is a class B felony provided any person found guilty under subdivision (1) of subsection (a) 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.

CREDIT(S)

(1969, P.A. 828, § 103, eff. Oct. 1, 1971; 1980, P.A. 80-442, § 21, eff. July 1, 1981; 2008, Jan.Sp.Sess., P.A. 08-1, § 2, eff. March 1, 2008.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-102

Effective: March 1, 2008

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-102. Burglary in the second degree: Class C felony

(a) A person is guilty of burglary in the second degree when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein.

(b) Burglary in the second degree is a class C felony.

CREDIT(S)

(1969, P.A. 828, § 104, eff. Oct. 1, 1971; 2001, P.A. 01-83, § 2; 2008, Jan.Sp.Sess., P.A. 08-1, § 3, eff. March 1, 2008.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-102a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-102a. Burglary in the second degree with a firearm: Class C felony: One year not suspendable

(a) A person is guilty of burglary in the second degree with a firearm when he commits burglary in the second degree as provided in section 53a-102, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, rifle, shotgun, machine gun or other firearm. No person shall be convicted of burglary in the second degree and burglary in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Burglary in the second degree with a firearm is a class C felony for which one year of the sentence imposed shall not be suspended or reduced by the court.

CREDIT(S)

(1975, P.A. 75-380, § 11; 1976, P.A. 76-435, §§ 4, 68, eff. June 9, 1976; 1992, P.A. 92-260, § 41.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-103

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-103. Burglary in the third degree: Class D felony

(a) A person is guilty of burglary in the third degree when he enters or remains unlawfully in a building with intent to commit a crime therein.

(b) Burglary in the third degree is a class D felony.

CREDIT(S)

(1969, P.A. 828, § 105, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-103a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-103a. Burglary in the third degree with a firearm: Class D felony: One year not suspendable

(a) A person is guilty of burglary in the third degree with a firearm when he commits burglary in the third degree as provided in section 53a-103, and in the commission of such offense, he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm. No person shall be convicted of burglary in the third degree and burglary in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Burglary in the third degree with a firearm is a class D felony for which one year of the sentence imposed shall not be suspended or reduced by the court.

CREDIT(S)

(1975, P.A. 75-380, § 12.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-104

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-104. Affirmative defense to burglary

It shall be an affirmative defense to prosecution for burglary that the building was abandoned.

CREDIT(S)

(1969, P.A. 828, § 106, Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-105

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-105. Repealed. (1971, P.A. 871, § 129.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-106

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor

(a) A person is guilty of manufacturing or possession of burglar's tools when he manufactures or has in his possession any tool, instrument or other thing adapted, designed or commonly used for advancing or facilitating offenses involving unlawful entry into premises, or offenses involving forcible breaking of safes or other containers or depositories of property, under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

(b) Manufacturing or possession of burglar's tools is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 108, eff. Oct. 1, 1971; 1992, P.A. 92-260, § 42.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-107

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-107. Criminal trespass in the first degree: Class A misdemeanor

(a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued pursuant to section 46b-15 or a protective order issued pursuant to section 46b-38c, 54-1k or 54-82r by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person; or (4) knowing that such person is not licensed or privileged to do so, such person enters or remains on public land after an order to leave or not to enter personally communicated to such person by an authorized official of the state or a municipality, as the case may be.

(b) Criminal trespass in the first degree is a class A misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 109, eff. Oct. 1, 1971; 1980, P.A. 80-58; 1991, P.A. 91-381, § 2, eff. Oct. 1, 1991; 1992, P.A. 92-260, § 43; 1995, P.A. 95-214, § 4; 1999, P.A. 99-240, § 5; 2003, P.A. 03-98, § 3; 2005, P.A. 05-147, § 3; 2005, P.A. 05-234, § 1, eff. Jan. 1, 2006.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-108

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-108. Criminal trespass in the second degree: Class B misdemeanor

(a) A person is guilty of criminal trespass in the second degree when, knowing that such person is not licensed or privileged to do so, (1) such person enters or remains in a building, or (2) such person enters or remains on public land.

(b) Criminal trespass in the second degree is a class B misdemeanor.

CREDIT(S)

(1969, P.A. 828, § 110, eff. Oct. 1, 1971; 2005, P.A. 05-234, § 2, eff. Jan. 1, 2006.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-109

Effective: October 1, 2012

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-109. Criminal trespass in the third degree: Class C or class B misdemeanor

(a) A person is guilty of criminal trespass in the third degree when, knowing that such person is not licensed or privileged to do so: (1) Such person enters or remains in premises which are posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or are fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to the state and are appurtenant to any state institution; or (2) such person enters or remains in any premises for the purpose of hunting, trapping or fishing; or (3) such person enters or remains on public land which is posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or is fenced or otherwise enclosed in a manner designed to exclude intruders.

(b) Criminal trespass in the third degree is a class C misdemeanor, except that any person found guilty under subdivision (2) of subsection (a) of this section shall be guilty of a class B misdemeanor and fined not less than five hundred nor more than one thousand dollars.

CREDIT(S)

(1969, P.A. 828, § 111, eff. Oct. 1, 1971; 1971, P.A. 871, § 20; 1992, P.A. 92-260, § 44; 2005, P.A. 05-234, § 3, eff. Jan. 1, 2006; 2012, P.A. 12-84, § 1.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-110

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-110. Affirmative defenses to criminal trespass

It shall be an affirmative defense to prosecution for criminal trespass that: (1) The building involved in the offense was abandoned; or (2) the premises, at the time of the entry or remaining, were open to the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or (3) the actor reasonably believed that the owner of the premises, or a person empowered to license access thereto, would have licensed him to enter or remain, or that he was licensed to do so.

CREDIT(S)

(1969, P.A. 828, § 112, eff. Oct. 1, 1971.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-110a

Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)