Conn. Gen. Stat. § 53-278d — Connecticut Code / Title 53 / Chapter 946 / Section 53-278d
Sec. 53-278d. Transmission of gambling information.
Status: in_force

(b) When any public utility is notified in writing by a law enforcement agency acting within its jurisdiction that any service, facility or equipment furnished by it is being used or will be used to violate this section, it shall, within ten days of receipt of such notice, discontinue or refuse the furnishing of such service, facility or equipment, and no damages, penalty or forfeiture, civil or criminal, shall be imposed against any public utility for any act done in compliance with any such notice. Unreasonable failure to comply with such notice shall be prima facie evidence of knowledge against such public utility. Nothing in this subsection shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, that such service, facility or equipment should not be discontinued, or removed, or should be restored.

(c) Facilities and equipment furnished by a public utility in the regular course of business, and which remain the property of such utility while so furnished, shall not be seized pursuant to subsection (c) of section 53-278c except in connection with an alleged violation of sections 53-278a to 53-278g , inclusive, by such public utility, and shall be forfeited only upon conviction of such public utility therefor.

(d) Any person who subscribes to any telephone facility in a fictitious name for the purpose of gambling shall be guilty of a class D felony.

Cited. 3 CA 477; 5 CA 634; 8 CA 673; 17 CA 587.
Conn. Gen. Stat. § 53a-174 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-174
Sec. 53a-174. Unauthorized conveyance of items into correctional or humane institution or to inmate: Class D felony. Unauthorized conveyance of letter into or from, or use of false name to enter, correctional institution: Class A misdemeanor.
Status: in_force

(b) Any person not authorized by law who conveys into any such institution any letter or other missive which is intended for any person confined therein, or who conveys from within the enclosure to the outside of such institution any letter or other missive written or given by any person confined therein, shall be guilty of a class A misdemeanor.

(c) Any person or visitor who enters or attempts to enter a correctional institution or facility by using a misleading or false name or title shall be guilty of a class A misdemeanor.

Cited. 42 CA 264.
Conn. Gen. Stat. § 53a-15 — Connecticut Code / Title 53a / Chapter 951 / Section 53a-15
Sec. 53a-15. Entrapment as defense.
Status: in_force

Cited. 173 C. 197; Id., 431. Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. Cited. 195 C. 70; 201 C. 211; 204 C. 240; 209 C. 75; 229 C. 60. Trial court did not err in refusing to instruct jury on defense of entrapment because there was no evidence presented that defendant was initially unwilling to commit a crime or that the actions of the officers actually implanted a criminal design in defendant's mind. 305 C. 330.

Cited. 8 CA 158; 20 CA 395; 21 CA 326; 23 CA 392; 30 CA 470; 42 CA 751; 46 CA 486.
Conn. Gen. Stat. § 53a-183a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-183a
Sec. 53a-183a. Obstructing or interfering with the lawful taking of wildlife: Class C misdemeanor.
Status: in_force

(b) A person violates this section when he intentionally or knowingly: (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife; (2) blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife; (3) uses natural or artificial visual, aural, olfactory or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife; (4) erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; (5) interjects himself into the line of fire; (6) affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife in order to impair its usefulness or prevent its use; or (7) enters or remains upon private lands without the permission of the owner or his agent, with intent to violate this section.

(c) For the purposes of this section, “taking” and “wildlife” shall be defined as in section 26-1 .

(d) Any person who violates any provision of this section shall be guilty of a class C misdemeanor.

Cited. 226 C. 265. Section does not violate first amendment to U.S. Constitution; it is narrowly drawn to serve significant state interests in public safety, raising revenue, wildlife management and protection of citizens' rights to hunt, and leaves open ample alternative means of communication. 260 C. 275.

Cited. 43 CS 46.
Conn. Gen. Stat. § 53a-36a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-36a
Sec. 53a-36a. Imprisonment term for misdemeanor not to exceed three hundred sixty-four days.
Status: in_force

(b) The provisions of this section apply to any term of imprisonment for which a person was sentenced to before, on or after October 1, 2021.

(c) Any person sentenced to a term of imprisonment of one year, prior to October 1, 2021, for any offense previously punishable by a term of imprisonment of up to but not exceeding one year, may apply to the court that entered the judgment of conviction to have the term of sentence modified to the maximum term of imprisonment for a period not to exceed three hundred sixty-four days. Any such application may be filed at any time and the court shall issue such modification regardless of the date of conviction, provided the record of such sentence has not been destroyed.
Conn. Gen. Stat. § 53a-221b — Connecticut Code / Title 53a / Chapter 952 / Section 53a-221b
Sec. 53a-221b. Unlawful possession, purchase or sale of a war or veterans' memorial or monument: Class D felony.
Status: in_force

(b) Unlawful possession, purchase or sale of a war or veterans' memorial or monument is a class D felony and any person found guilty under subsection (a) of this section shall be fined five thousand dollars.
Conn. Gen. Stat. § 53-202g — Connecticut Code / Title 53 / Chapter 943 / Section 53-202g
Sec. 53-202g. Report of loss or theft of assault weapon or other firearm. Penalty.
Status: in_force

(b) Any person who fails to make a report required by subsection (a) of this section, within the prescribed time period shall be guilty of a class A misdemeanor for a first offense and be guilty of a class C felony for any subsequent offense, except that, if such person intentionally fails to make such report within the prescribed time period, such person shall be guilty of a class B felony. Any person who violates subsection (a) of this section for the first offense shall not lose such person's right to hold or obtain any firearm permit under the general statutes.

Cited. 234 C. 455; 242 C. 143.
Conn. Gen. Stat. § 53a-125e — Connecticut Code / Title 53a / Chapter 952 / Section 53a-125e
Sec. 53a-125e. Telephone fraud in the third degree: Class D felony.
Status: in_force

(b) Telephone fraud in the third degree is a class D felony.
Conn. Gen. Stat. § 53a-148 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-148
Sec. 53a-148. Bribe receiving: Class C felony.
Status: in_force

(b) Bribe receiving is a class C felony.

Offense under Sec. 29-9 is not a lesser included offense. 201 C. 379. Cited. 208 C. 411; 214 C. 657; 229 C. 716.

Cited. 5 CA 125; 14 CA 322; 17 CA 486; 20 CA 386; 22 CA 449.
Conn. Gen. Stat. § 53-132a — Connecticut Code / Title 53 / Chapter 941 / Section 53-132a
Sec. 53-132a. Altering manufacturer's serial number.
Status: in_force

(b) Any person who violates any provision of this section shall be guilty of a class C misdemeanor.

See Sec. 29-36 re alteration of identifying mark, number or name of firearm.
Conn. Gen. Stat. § 53a-17 — Connecticut Code / Title 53a / Chapter 951 / Section 53a-17
Sec. 53a-17. Conduct required or authorized by law or judicial decree.
Status: in_force

Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. Cited. 197 C. 588; 204 C. 240; 209 C. 75; Id., 322. Evidence that defendant sought to introduce concerning a dispute over tribal leadership and defendant's alleged responsibilities as a tribal official was relevant to defendant's defense of justification under section and, therefore, was improperly excluded. 263 C. 602.

Cited. 8 CA 667; 18 CA 303; 21 CA 138; 23 CA 615; 24 CA 195; 45 CA 390.
Conn. Gen. Stat. § 53a-213 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-213
Sec. 53a-213. Drinking while operating a motor vehicle: Class C misdemeanor.
Status: in_force

(b) Drinking while operating a motor vehicle is a class C misdemeanor.
Conn. Gen. Stat. § 53a-180a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-180a
Sec. 53a-180a. Falsely reporting an incident resulting in serious physical injury or death: Class C or B felony.
Status: in_force

(b) Falsely reporting an incident resulting in serious physical injury or death is a (1) class C felony for a violation of subdivision (1) or (2) of subsection (a) of this section, or (2) class B felony for a violation of subdivision (3) of subsection (a) of this section.
Conn. Gen. Stat. § 53a-61aa — Connecticut Code / Title 53a / Chapter 952 / Section 53a-61aa
Sec. 53a-61aa. Threatening in the first degree: Class D or class C felony.
Status: in_force

(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 and “religiously-affiliated community center” means real property used for the provision of recreational, social or educational services that is owned or leased by a nonprofit organization that holds such property out as being affiliated with an organized religion.

(c) Threatening in the first degree is a class D felony, except that a violation of subdivision (4) of subsection (a) of this section is a class C felony.

See Sec. 52-557t re defense to civil action.

See Sec. 54-130g re pardon.

Subsec. (a)(3): Neither the first amendment to the U.S. Constitution nor the state constitution require that the state prove that defendant had the specific intent to terrorize the target of a threat, only that defendant was aware of and consciously disregarded a substantial and unjustifiable risk that the target of the threat would be terrorized, before defendant can be punished for threatening speech directed at a private individual. 330 C. 149. Subsec. (a)(3): Section is not unconstitutional under the first amendment to the U.S. Constitution or the state constitution as applied to threatening speech directed at public officials. Id. Subsec. (a)(3): Defendant may be punished for threatening speech directed at a third party if the state proves beyond a reasonable doubt that defendant was aware that there was a substantial and unjustifiable risk both that defendant's speech would be interpreted as a serious threat and that the threat would be communicated to the target of the threat. Id.
Conn. Gen. Stat. § 53-303c — Connecticut Code / Title 53 / Chapter 946 / Section 53-303c
Sec. 53-303c. Penalties.
Status: in_force

Discussion of constitutionality of Sunday closing laws or Blue Laws. 177 C. 304.
Conn. Gen. Stat. § 53-397 — Connecticut Code / Title 53 / Chapter 949c / Section 53-397
Sec. 53-397. Penalty. Forfeiture of property. Disposition of seized property. Appointment of receiver.
Status: in_force

(b) (1) Upon conviction of a person under this chapter the court or the jury, as the case may be, before which the defendant was tried shall determine the extent to which any property of such person is subject to forfeiture under this chapter and shall hear evidence thereon. Upon a determination thereof, the court shall render a judgment of forfeiture and authorize the Chief State's Attorney to seize in the name of the state all property subject to forfeiture under this chapter upon such terms or conditions, relating only to such matters as the time and method of such seizure, as the court shall deem proper.

(2) If a property right is not exercisable or transferable for value by the state, it shall expire, and shall not revert to the convicted person.

(3) If the court or the jury, as the case may be, concludes that property previously owned by the defendant would have been subject to forfeiture under this chapter but for the fact that it was transferred by the defendant prior to any judgment of forfeiture with the intention of preventing its forfeiture under this chapter, the court may set aside such transfer. The court may also render any other appropriate order reasonably necessary to protect the rights of any innocent party to any such transfer.

(4) The court shall order the Chief State's Attorney to convert into cash all such property seized under this chapter that is not yet cash as soon as commercially feasible, and shall make provision for the rights of any innocent person or entity, governmental, business or other, that are superior to that of the state and that are then known to the court or the state's attorney or state's attorneys involved in the case. In lieu of ordering the sale of any such property, the court may (A) if it finds that the property can be used by a state governmental agency, order the property to be delivered to such agency for such use, (B) order the property to be sold or transferred to any innocent person or entity or (C) order any equitable relief with respect to the disposition of such property as it deems appropriate.

(5) (A) To facilitate such disposition, the court may, upon motion of the Chief State's Attorney or his designee, or on its own motion, appoint one or more receivers, who shall be vested with the right of immediate possession and control of such property forfeited to the state as is designated by the court. Any such receiver shall have and exercise all powers of ownership that are reasonable and necessary for the purpose of converting into cash the property in his possession, and shall: (i) Before assuming to act as such, file with the clerk of the court by which he was appointed, a bond with such surety or sureties, and for such an amount as such court or judge may order and approve, payable to the state and conditioned upon the faithful performance of his official duties; (ii) comply with any order of the court by which he was appointed, including orders relating to the method of transfer and sale of any property in his possession and orders directing him to file reports with the court; (iii) sign, swear to and file a final report with the court and the Chief State's Attorney upon the disposition of all property in his possession, which report shall include a full and detailed account of his actions as such receiver and a statement of the services he has rendered in connection with his appointment, and such report shall be accompanied by a motion seeking the court's acceptance and approval thereof; (iv) deposit with the clerk of the court at the time the final report is filed the net proceeds received by him during the pendency of his appointment from the disposition of any property in his possession together with all interest accrued thereon.

(B) Upon the faithful completion of his duties and the court's acceptance and approval of his final report, the receiver shall be compensated by the court from the proceeds of the sale of the property placed under his control by the payment of a sum that the court determines is fair and reasonable.

(C) Any receiver appointed under this subdivision shall act as a fiduciary of the state. He may be removed at any time, at the pleasure of the court by which he was appointed or, if such court is not in session, by a judge thereof; and if such receiver is removed, declines to act, or dies, the court that appointed him, or, if such court is not in session, a judge thereof, may fill the vacancy.

(6) Any money forfeited to the state under this chapter and the proceeds from the sale of any property forfeited to the state under this chapter shall be deposited in the General Fund.

(7) At any time either before or after a judgment of forfeiture under this chapter, the Chief State's Attorney shall have the authority to compromise or otherwise remit or mitigate in whole or in part any claim or potential claim of the state arising under this chapter.

(8) Nothing in this chapter shall in any way diminish the right of the state to exercise any of the powers conferred upon it or its agents regarding seized property under part III of chapter 959 and section 54-33g .

Cited. 206 C. 421; 229 C. 479.
Conn. Gen. Stat. § 53a-179a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-179a
Sec. 53a-179a. Inciting injury to persons or property: Class C felony.
Status: in_force

(b) Inciting injury to persons or property is a class C felony.

Cited. 234 C. 78.

Cited. 36 CA 821. Section not void for vagueness and overbreadth. 48 CA 148. Provisions codified common law distinction between solicitation an attempt and solicitation not an attempt under Sec. 53a-49(a)(1). 65 CA 145.

Subsec. (a):

Statute not unconstitutionally void for vagueness and overbreadth; requirement of intent that must be read into statute preserves it from constitutional demise under first amendment. 41 CS 525. Cited. 43 CS 46.
Conn. Gen. Stat. § 53-303b — Connecticut Code / Title 53 / Chapter 946 / Section 53-303b
Sec. 53-303b. Employment of labor and retail sales on certain holidays.
Status: in_force

(b) The provisions of section 53-302a shall not apply to the sale or furnishing of personal property or services at retail by any retail stores not exempted under said section 53-302a , on those Sundays following the fourth Thursday in November and preceding December twenty-fifth.

Discussion of constitutionality of Sunday closing laws or Blue Laws. 177 C. 304.
Conn. Gen. Stat. § 53a-196 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-196
Sec. 53a-196. Obscenity as to minors: Class D felony.
Status: in_force

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

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

(d) Obscenity as to minors is a class D felony.

Under revision of 1999, provision that proscribes “importation of two or more copies” was not limited to copies of the same image, but also included reproductions of two or more different images; section not limited to commercial importation of child pornography but also includes transmittal of images by personal computer; expert evidence is not necessary to establish that child depicted is real and not electronically generated; evidence that defendant sent images via electronic mail service routed through Virginia was sufficient to establish the proscribed activity of “importing” images. 277 C. 155.

Cited. 36 CS 352.
Conn. Gen. Stat. § 53a-158 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-158
Sec. 53a-158. Bribery of a labor official: Class D felony.
Status: in_force

(b) Bribery of a labor official is a class D felony.
Conn. Gen. Stat. § 53a-71 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-71
Sec. 53a-71. Sexual assault in the second degree: Class C or B felony.
Status: in_force

(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.

See chapter 968a re address confidentiality program.

See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

Cited. 175 C. 315; 180 C. 54; 185 C. 199; 186 C. 45; 187 C. 73; Id., 348; 189 C. 321; 192 C. 154; 198 C. 53; 199 C. 47; 201 C. 211; 207 C. 374; 209 C. 225; 211 C. 455; 224 C. 1; 228 C. 393; 240 C. 743; 242 C. 409.

Cited. 3 CA 374; 11 CA 102; 13 CA 378; 14 CA 688; 15 CA 251; Id., 289; 25 CA 270; judgment reversed in part, see 224 C. 1; 30 CA 527; 33 CA 133; 35 CA 173; Id., 754; 36 CA 383; 38 CA 56; 43 CA 715; 45 CA 116. Term “years” in Subsec. (a)(1) means periods of 365 or 356 days, not calendar years; Subsec. (a)(1) not void for vagueness as applied to defendant in this case despite lack of judicial gloss on meaning of “years” and does not violate defendant's right to equal protection. 47 CA 68. Evidence was sufficient for jury to find defendant guilty beyond a reasonable doubt. 57 CA 736. Pursuant to Sec. 53-21(2), risk of injury to or impairing the morals of a child involves sexual contact with a child younger than the age of 16 years “in a sexual and indecent manner likely to impair the health or morals of such child”; this section contains no such similar provision; risk of injury to a child, therefore, contains elements lacking in sexual assault in the second degree. 79 CA 591.

Subsec. (a):

Cited. 180 C. 167; 181 C. 426; 182 C. 382; 188 C. 565; Id., 644. Subdiv. (3): Terms “responsibility” and “general supervision” discussed. 189 C. 321. Cited. 190 C. 84; 191 C. 453; 197 C. 666; 199 C. 481; 200 C. 440; Id., 734; 204 C. 187; 205 C. 386; Id., 528; 210 C. 51; Id., 244; Id., 359; 211 C. 185; Id., 555; 215 C. 653; 219 C. 283; 220 C. 345; 224 C. 656; 227 C. 207; 228 C. 552; Id., 610; 229 C. 580; Id., 839; 230 C. 43; 237 C. 321; 242 C. 296. Court determined defendant was more than 2 years older than victim by calculating the difference in age based on birthdates rather than calendar years; statute not unconstitutionally vague and does not violate defendant's right to equal protection under the law. 248 C. 543. Statute does not require physical violence as element of the crime. 260 C. 486. Prescribes a general liability crime and defendant cannot prevail on claim that attempt charge under section is invalid based on strict liability of crime; evidence of adult male's electronic mail exchanges with undercover officer posing as 13-year-old girl, defendant's arrival at prearranged meeting place and possession of related pornographic materials was sufficient to prove required intent and knowledge to support conviction under section and section is not unconstitutionally void for vagueness based on these facts. 277 C. 155.

Cited. 7 CA 46; 8 CA 190; Id., 313; 9 CA 426; 10 CA 591; 11 CA 236; 13 CA 493; 14 CA 244; 15 CA 222; 17 CA 174; Id., 186; Id., 447; Id., 525; 18 CA 273; 19 CA 44; Id., 445; Id., 646; 20 CA 40; Id., 115; Id., 193; Id., 263; Id., 288, 289; Id., 530, 532; Id., 737; 23 CA 241; Id., 712; 24 CA 146; 25 CA 235; Id., 243; 26 CA 625; judgment reversed, see 224 C. 656; Id., 674; Id., 758; 28 CA 91; 31 CA 120; 32 CA 217; judgment reversed, see 229 C. 580; Id., 773; 33 CA 205; 34 CA 46; 37 CA 213; 38 CA 125; Id., 731; 39 CA 742; 40 CA 132; 41 CA 139; 43 CA 142; Id., 619; Id., 667; Id., 785; 45 CA 289; Id., 512. Trial court properly refused to instruct jury as requested by defendant on the issue of fraudulent misrepresentation; no affirmative defense of fraudulent misrepresentation is available under provision of statute prohibiting sexual intercourse between a person who is between the ages of 13 and 15 and a person who is at least 2 years older. 63 CA 536. Subdiv. (1): Sexual assault in the second degree was not a lesser offense included within sexual assault in the first degree because it would be possible to commit the latter offense in the manner described in the information and bill of particulars without committing the former offense. 99 CA 251. Subdiv. (1): Decriminalization of an act under Subdiv. in P.A. 07-143 entitled person with prior conviction for committing such act to erasure and destruction of records under Sec. 54-142d. 142 CA 21. Subdiv. (1): Court could reasonably have found sufficient evidence to satisfy penetration element of sexual assault where both the child and defendant were wearing underwear. 148 CA 378. Subdiv. (1): Conviction under this Subdiv. and Sec. 53-21(a)(2) does not violate defendant's constitutional right against double jeopardy because each crime requires proof of a fact that the other does not. 174 CA 172. Subdiv. (3): Evidence sufficient to prove sexual assault in the second degree where victim was able to communicate during earlier stages of assault but could not physically or verbally communicate her lack of consent during later penile-vaginal intercourse. 180 CA 799. Subdiv. (1): The limited exception under Sec. 54-193a for a prosecution of sexual assault in the second degree under this Subdiv. cannot be expanded and applied to a risk of injury charge under Sec. 53-21(a)(2). 213 CA 757.

Subsec. (b):

Cited. 207 C. 412. Defendant's sentence of 10 years of imprisonment followed by 10 years of special parole violated Sec. 54-128(c) and was an illegal sentence because total length of terms of imprisonment and special parole combined exceeded maximum term of imprisonment authorized for sexual assault in the second degree by Subsec. and Sec. 53a-35a(6). 279 C. 527.
Conn. Gen. Stat. § 53a-162 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-162
Sec. 53a-162. Rigging: Class D felony.
Status: in_force

(b) Rigging is a class D felony.
Conn. Gen. Stat. § 53a-151 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-151
Sec. 53a-151. Tampering with a witness: Class C felony.
Status: in_force

(b) Tampering with a witness is a class C felony.

Cited. 193 C. 526; 196 C. 242; 197 C. 369; 200 C. 664; 204 C. 330; 228 C. 147; Id., 918; 230 C. 686; Id., 698.

Cited. 1 CA 647; 12 CA 74; 26 CA 758; 30 CA 95; judgment reversed, see 228 C. 147; 33 CA 143; 46 CA 741. Defendant's claim that statute is so vague and indefinite that it violates the due process clause of Art. I, Sec. 8 of the state constitution and the fourteenth amendment to the federal constitution because it did not clearly define his conduct–telephoning victim despite police warnings not to contact her and instructing her to tell police that “nothing ever happened”–is without merit; language of statute plainly warns potential perpetrators that statute applies to any conduct that is intended to prompt witness to testify falsely or to refrain from testifying in an official proceeding that the perpetrator believes to be pending or imminent; legislature's unqualified use of word “induce” clearly informs persons of ordinary intelligence that any conduct, physical or verbal, can potentially give rise to criminal liability. 74 CA 473. Supreme Court made clear that liability under section hinges on mental state of the perpetrator in engaging in the conduct at issue, not on whether he must overcome by coercive means the will of a witness reluctant to do so; as interpreted in our case law, section provides fair warning of the conduct that it prohibits. 83 CA 672. Section can be violated even if witness may be independently willing to provide false testimony; person became a “witness” who may be summoned to testify in an official proceeding once defendant began discussing defendant's case with the person. 138 CA 420. Defendant may not avoid liability by inducing a witness' false testimony through the use of an intermediary instead of communicating directly with the witness. 143 CA 438.

Cited. 39 CS 428; 41 CS 525; 43 CS 46.

Subsec. (a):

Subsec. applies whenever defendant believes that an official proceeding will probably occur, even if the police are only at the investigation stage and regardless of whether an official proceeding is actually pending or about to be instituted; “about to be instituted” signifies probability rather than temporal proximity; section does not apply when defendant believes that only an investigation, but not an official proceeding, is likely to occur; the jury may consider defendant's attempt to prevent a potential witness from speaking with the police as evidence of his intent to induce the witness to engage in conduct prohibited by section. 312 C. 551.

Cited. 41 CA 584. The “pending or about to be instituted” element may be satisfied when facts support the inference that defendant reasonably could have contemplated that an official proceeding was likely to arise; it is enough under statute to satisfy required belief that an official proceeding is “about to be instituted” and is therefore imminent if defendant, knowing he has been implicated in a crime, threatens a likely witness to that crime to withhold evidence from the police; it is sufficient to qualify as tampering that defendant attempted to discourage the witness from speaking to the police, as opposed to testifying at trial, when there was evidence that defendant believed an official proceeding was imminent. 110 CA 608.
Conn. Gen. Stat. § 53a-223a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-223a
Sec. 53a-223a. (Formerly Sec. 53a-110c). Criminal violation of a standing criminal protective order: Class D or class C felony.
Status: in_force

(b) No person who is listed as a protected person in such standing criminal protective order may be criminally liable for (1) soliciting, requesting, commanding, importuning or intentionally aiding in the violation of the standing criminal protective order pursuant to subsection (a) of section 53a-8 , or (2) conspiracy to violate such standing criminal protective order pursuant to section 53a-48 .

(c) Criminal violation of a standing criminal protective order is a class D felony, except that any violation that involves (1) imposing any restraint upon the person or liberty of a person in violation of the standing criminal protective order, or (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking a person in violation of the standing criminal protective order is a class C felony.

Use of the word “involves” in Subsec. (c) indicates that unit of prosecution is on a transactional basis and section permits criminal liability for each discrete act in violation of a restraining order. 337 C. 92.
Conn. Gen. Stat. § 53-202i — Connecticut Code / Title 53 / Chapter 943 / Section 53-202i
Sec. 53-202i. Circumstances in which manufacture, transportation or temporary transfer of assault weapons not prohibited.
Status: in_force

Cited. 234 C. 455; 242 C. 143.
Conn. Gen. Stat. § 53a-39a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-39a
Sec. 53a-39a. Alternate incarceration program.
Status: in_force

(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 .
Conn. Gen. Stat. § 53a-36 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-36
Sec. 53a-36. Imprisonment for misdemeanor. Definite sentence. Authorized term.
Status: in_force

See Sec. 53a-42 re fines for misdemeanors.

Cited. 169 C. 223; 178 C. 145. Court in sentencing of defendant found guilty under Sec. 53a-61a must impose a mandatory nonsuspendable term of imprisonment and does not have option of imposing a fine or a sentence of unconditional discharge. 180 C. 557. Cited. 184 C. 434; 189 C. 114; 194 C. 198; 217 C. 73; 218 C. 273; 223 C. 635.

Cited. 8 CA 607; 9 CA 686; 12 CA 481; 19 CA 631; 32 CA 656; judgment reversed in part, see 232 C. 345; 37 CA 228.
Conn. Gen. Stat. § 53-206i — Connecticut Code / Title 53 / Chapter 943 / Section 53-206i
Sec. 53-206i. Manufacture of firearm from polymer plastic without detectable security exemplar. Prohibited. Penalty.
Status: in_force

(b) If the court finds that a violation of this section is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection, the court may order suspension of prosecution. The court shall not order suspension of prosecution unless the accused person has acknowledged that he or she understands the consequences of the suspension of prosecution. Any person for whom prosecution is suspended shall agree to the tolling of any statute of limitations with respect to such violation and to a waiver of his or her right to a speedy trial. Such person shall appear in court and shall be released to the supervision of the Court Support Services Division for such period, not exceeding two years, and under such conditions as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person satisfactorily completes such person's period of probation, he or she may apply for dismissal of the charges against such person and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against such person after satisfactorily completing such person's period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed such person's period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a . An order of the court denying a motion to dismiss the charges against a person who has completed such person's period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

(c) Any person who violates any provision of this section shall be guilty of a class C felony for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine, and any firearm found in the possession of any person in violation of any provision of this section shall be forfeited.

(d) For purposes of this section, “firearm” means firearm, as defined in section 53a-3 , but does not include the frame or receiver of any such weapon and “security exemplar” means “security exemplar” as defined in 18 USC 922(p), as amended from time to time, and any regulation adopted thereunder.
Conn. Gen. Stat. § 53a-16b — Connecticut Code / Title 53a / Chapter 951 / Section 53a-16b
Sec. 53a-16b. Affirmative defense of coparticipant to offense with firearm.
Status: in_force

Defendant is entitled to a theory of defense instruction as a matter of law where evidence under section is before jury. 178 C. 704. Cited. 209 C. 75.

Cited. 23 CA 615; 24 CA 195; 45 CA 390.
Conn. Gen. Stat. § 53a-174a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-174a
Sec. 53a-174a. Possession of weapon or dangerous instrument in correctional institution: Class B felony.
Status: in_force

(b) Possession of a weapon or dangerous instrument in a correctional institution is a class B felony.

Cited. 169 C. 428; 195 C. 1; 227 C. 711; Id., 751; 230 C. 591; 235 C. 748, 749; 240 C. 97.

Cited. 32 CA 448; 36 CA 41; 39 CA 789; 44 CA 499.
Conn. Gen. Stat. § 53a-117k — Connecticut Code / Title 53a / Chapter 952 / Section 53a-117k
Sec. 53a-117k. Damage to railroad property in the first degree: Class D felony.
Status: in_force

(b) Damage to railroad property in the first degree is a class D felony.
Conn. Gen. Stat. § 53a-50 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-50
Sec. 53a-50. Effect of motivation on renunciation.
Status: in_force

Cited. 182 C. 595.

Cited. 17 CA 128; 23 CA 160. Renunciation by defendant found not to be voluntary where defendant failed to continue course of criminal conduct because of circumstances of fellow inmate's early release and rumors that defendant's conversations were being recorded. 59 CA 362.
Conn. Gen. Stat. § 53-23a — Connecticut Code / Title 53 / Chapter 939 / Section 53-23a
Sec. 53-23a. Hazing.
Status: in_force

(1) “Hazing” means any action which recklessly or intentionally endangers the health or safety of a person for the purpose of initiation, admission into or affiliation with, or as a condition for continued membership in a student organization. The term shall include, but not be limited to:

(A) Requiring indecent exposure of the body;

(B) Requiring any activity that would subject the person to extreme mental stress, such as sleep deprivation or extended isolation from social contact;

(C) Confinement of the person to unreasonably small, unventilated, unsanitary or unlighted areas;

(D) Any assault upon the person; or

(E) Requiring the ingestion of any substance or any other physical activity which could adversely affect the health or safety of the individual. The term shall not include an action sponsored by an institution of higher education which requires any athletic practice, conditioning, or competition or curricular activity.

(2) “Student organization” means a fraternity, sorority or any other organization organized or operating at an institution of higher education.

(b) No student organization or member of a student organization shall engage in hazing any member or person pledged to be a member of the organization. The implied or express consent of the victim shall not be a defense in any action brought under this section.

(c) A student organization which violates subsection (b) of this section (1) shall be subject to a fine of not more than one thousand five hundred dollars and (2) shall forfeit for a period of not less than one year all of the rights and privileges of being an organization organized or operating at an institution of higher education.

(d) A member of a student organization who violates subsection (b) of this section shall be subject to a fine of not more than one thousand dollars.

(e) This section shall not in any manner limit or exclude prosecution or punishment for any crime or any civil remedy.
Conn. Gen. Stat. § 53a-91 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-91
Sec. 53a-91. Definitions.
Status: in_force

(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.

Language is clear and does not lend itself to any equivocal interpretation. 173 C. 165. Cited. 177 C. 335; 179 C. 328; 188 C. 406; 191 C. 604; 200 C. 586; 209 C. 733; 211 C. 672; 215 C. 716; 216 C. 647; 219 C. 489; 225 C. 347; 226 C. 618. Terms “restrained” and “abducted” interpreted to include frightening victim to remain in bedroom through repeated physical and verbal abuse. 258 C. 510. The point at which an intended interference with liberty under Subdiv. (1) crosses the line to become an intended prevention of liberation under Subdiv. (2) is not entirely clear. 287 C. 509.

Cited. 20 CA 437; 46 CA 486; 55 CA 447.

Subdiv. (1):

Cited. 180 C. 565; 195 C. 253; 198 C. 147; Id., 430; Id., 537; 202 C. 520; 215 C. 173; 237 C. 284.

Cited. 5 CA 586; 13 CA 667; 17 CA 339; 19 CA 396; 30 CA 281; 31 CA 312.

Subdiv. (2):

Cited. 172 C. 22; 177 C. 637; 178 C. 634; 182 C. 449; 199 C. 537.

Cited. 36 CA 190. To prove unlawful restraint, the state had to prove that defendant abducted alleged victim by restraining her with intent to prevent her liberation by using or threatening to use physical force or intimidation. 81 CA 320.
Conn. Gen. Stat. § 53a-178 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-178
Sec. 53a-178. Inciting to riot: Class A misdemeanor.
Status: in_force

(b) Inciting to riot is a class A misdemeanor.
Conn. Gen. Stat. § 53a-61 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-61
Sec. 53a-61. Assault in the third degree: Class A misdemeanor.
Status: in_force

(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.

See Sec. 53a-36 re mandatory nonsuspendable sentence for conviction under Subdiv. (3) of Subsec. (a).

Cited. 170 C. 162; 171 C. 264; 173 C. 254; 184 C. 157; 189 C. 1; 190 C. 428; 194 C. 347; Id., 408; 196 C. 430; 198 C. 190; 200 C. 544; 202 C. 520; Id., 629; 205 C. 352; 209 C. 23; Id., 52; 222 C. 299; Id., 331; 227 C. 677; 228 C. 487; Id., 582; 233 C. 813; 234 C. 78.

Cited. 1 CA 697; 5 CA 590; 6 CA 189; 8 CA 545; 9 CA 59; Id., 631; judgment reversed, see 205 C. 352; 11 CA 499; 12 CA 221; Id., 585; 13 CA 708; 14 CA 526; 17 CA 234; 20 CA 6; Id., 75; 21 CA 411; 24 CA 57; Id., 556; 25 CA 421; judgment reversed, see 222 C. 299; Id., 472; 26 CA 157; Id., 439; 27 CA 786; 28 CA 581; judgment reversed, see 226 C. 601; 29 CA 524; Id., 683; 30 CA 346; 31 CA 497; 35 CA 107; 36 CA 106; judgment reversed, see 234 C. 78; 37 CA 338; Id., 733; 39 CA 810; 40 CA 805; 41 CA 47; 42 CA 810; 43 CA 76; 45 CA 282; 46 CA 131.

Cited. 37 CS 664; 39 CS 347; 41 CS 505.

Subsec. (a):

Cited. 177 C. 248; 180 C. 167; Id., 557; 182 C. 353; 184 C. 366; 185 C. 63; 189 C. 114; 193 C. 48; 194 C. 119; 195 C. 232; 197 C. 115; 198 C. 147; 206 C. 40; Id., 657; 210 C. 110; 211 C. 672; 219 C. 160; 220 C. 487; 222 C. 444; 223 C. 41; 224 C. 397; 225 C. 519. Judgment of Appellate Court in 28 CA 581 reversed. 226 C. 601. Cited. 228 C. 610. Subdiv. (2) is lesser included offense of Sec. 53a-59(a)(3), and court's refusal to grant related jury instruction constituted harmful error. 289 C. 742.

Cited. 3 CA 374; 5 CA 40; 6 CA 407; 7 CA 27; Id., 257; 10 CA 330; Id., 709; 11 CA 102; 12 CA 655; 13 CA 386; Id., 667; 19 CA 554; 20 CA 101; 23 CA 663; 24 CA 518; 26 CA 114; Id., 259; Id., 331; 27 CA 322; Id., 322; 29 CA 704; 33 CA 126; 35 CA 51; 38 CA 193; 39 CA 419; Id., 832; 41 CA 565; 42 CA 445; Id., 768; 45 CA 591. This is not a cognizable offense and therefore not a lesser included offense of attempted assault in the first degree. 56 CA 592.

Cited. 37 CS 520. Subdiv. (2): Elements of Sec. 53a-64 are so consistent with elements of Subdiv. that the court is precluded by principles of double jeopardy from entering a finding of guilty as to both charges; defendant's recklessly placing his hands around victim's throat and causing her to lose consciousness for a brief period of time constituted “serious physical injury”. 46 CS 130. It is possible to prove assault in the third degree without necessarily proving risk of injury pursuant to Sec. 53-21(a), so assault in the third degree and risk of injury do not stand in relationship to each other as greater and lesser offenses. 48 CS 610.
Conn. Gen. Stat. § 53a-31 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-31
Sec. 53a-31. Calculation of periods of probation and conditional discharge. Compliance with conditions during interrupted period.
Status: in_force

(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.

Cited. 170 C. 128; 222 C. 299.

Cited. 9 CA 686; 32 CA 1; 34 CA 1. Term “release” as used in section includes physical release from custody whether by mistake or not and probation commences by operation of law on date of actual release from imprisonment. 36 CA 440.

Subsec. (a):

Cited. 24 CA 575; 39 CA 722. Although probation may continue during a period of incarceration, it does not commence pursuant to section unless defendant is released from imprisonment. 60 CA 515.

Subsec. (b):

Arrest warrant issued “pursuant to section 53a-32” for violation of probation interrupts probation sentence simply by its issuance and exceeding the 120 day limit under Sec. 53a-32(c) for resolution of such violation charge, even without a finding of good cause, does not impact such interruption. 326 C. 731.

Cited. 9 CA 59; 37 CA 72; 39 CA 722. Defendant is not excused from complying with conditions of probation simply because a probation officer informs him that he is in violation of that probation. 75 CA 643. It is the issuance of the warrant that tolls the period of probation and whether the period is tolled is not dependent on the outcome of the violation of probation proceedings. 114 CA 295.
Conn. Gen. Stat. § 53-202aa — Connecticut Code / Title 53 / Chapter 943 / Section 53-202aa
Sec. 53-202aa. Firearms trafficking: Class C or B felony.
Status: in_force

(b) (1) Any person who violates any provision of this section shall be guilty of a class C felony if such person, on or after October 1, 2007, but prior to October 1, 2013, sells, delivers or otherwise transfers five or fewer firearms, and a class B felony if such person, on or after October 1, 2007, but prior to October 1, 2013, sells, delivers or otherwise transfers more than five firearms. (2) Any person who violates any provision of this section on or after October 1, 2013, shall be guilty of a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court, and ten thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

(c) For the purposes of this section, “firearm” means “firearm” as defined in section 53a-3 , but does not include a rifle or shotgun or an antique firearm as defined in section 29-37a .

See Sec. 29-33 re requirements for sale or transfer of pistols or revolvers.

See Sec. 29-37a re requirements for sale or transfer of long guns.

See Sec. 29-37j re prohibition on purchasing firearm with intent to transfer same to person prohibited from purchasing or receiving.

See Sec. 53a-217 re criminal possession of a firearm.

See Sec. 53a-217c re criminal possession of a pistol or revolver.
Conn. Gen. Stat. § 53-206e — Connecticut Code / Title 53 / Chapter 943 / Section 53-206e
Sec. 53-206e. Limitation on sale and use of laser pointers.
Status: in_force

(b) No person shall sell, offer to sell, lease, give or otherwise provide a laser pointer to a person under eighteen years of age, except as provided in subsection (d) of this section.

(c) No person under eighteen years of age shall possess a laser pointer on school grounds or in any public place, except as provided in subsection (d) of this section.

(d) A person may temporarily transfer a laser pointer to a person under eighteen years of age for an educational or other lawful purpose provided the person to whom the laser pointer is temporarily transferred is under the direct supervision of a parent, legal guardian, teacher, employer or other responsible adult.

(e) No person shall shine, point or focus a laser pointer, directly or indirectly, upon or at another person in a manner that can reasonably be expected to cause harassment, annoyance or fear of injury to such other person.

(f) Any person who violates any provision of this section shall have committed an infraction.
Conn. Gen. Stat. § 53a-19 — Connecticut Code / Title 53a / Chapter 951 / Section 53a-19
Sec. 53a-19. Use of physical force in defense of person.
Status: in_force

(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 or a private person assisting such peace officer 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.

Cited. 166 C. 226. Defendant is entitled to a theory of defense instruction as a matter of law where evidence under section is before jury. 178 C. 704. Cited. 182 C. 66. Duty of retreat where aggressor is co-occupant of dwelling discussed. 185 C. 372. Cited. 188 C. 237; Id., 653; 194 C. 376; 196 C. 519; 198 C. 454; 199 C. 383; 200 C. 743; 203 C. 466; 204 C. 240; 206 C. 621; 207 C. 191; 209 C. 34; Id., 75; Id., 322. Determined failure to instruct jury that defense of self-defense was applicable to lesser included offense was harmless error; judgment of Appellate Court in 17 CA 502 reversed. 213 C. 579. Cited. Id., 593; 219 C. 295; 220 C. 602; 226 C. 917; 227 C. 518; 228 C. 335; Id., 851; 231 C. 484; 232 C. 537; 233 C. 1; Id., 517; 234 C. 381; 235 C. 274; 242 C. 211. Subjective-objective test under section applies only to defendant; subjectively, defendant must believe that the use of deadly force is necessary, and objectively, that belief must be reasonable. 264 C. 723.

Cited. 1 CA 609; 5 CA 590; 7 CA 223; Id., 457; 8 CA 667; 10 CA 643; 13 CA 139; 15 CA 34; 16 CA 264; 17 CA 200; Id., 326; Id., 502; judgment reversed, see 213 C. 579; 19 CA 576; Id., 609; 20 CA 430; 23 CA 28; Id., 615; 24 CA 195; Id., 541; Id., 586; Id., 624; 25 CA 456; 27 CA 49; 28 CA 469; Id., 833; judgment reversed, see 227 C. 518; 29 CA 262; 30 CA 95; judgment reversed, see 228 C. 147; Id., 406; judgment reversed, see 228 C. 335; 31 CA 58; Id., 140; 32 CA 687; 33 CA 616; Id., 782; 34 CA 58; judgment reversed, see 232 C. 537; Id., 368, see also 233 C. 517; 36 CA 506; 39 CA 563; 40 CA 189; Id., 805; 41 CA 255; Id., 584; 42 CA 348; 43 CA 488; 44 CA 62; 45 CA 390; 46 CA 216. Sufficiency of jury instructions re duty to retreat discussed. 48 CA 755. Statute construed to apply to person who also is usually lodged in those premises at night. 54 CA 26. First person to use physical force is not necessarily the initial aggressor; initial aggressor is the person who acts first in a manner that creates reasonable belief in another person's mind that physical force is about to be used upon that other person. 99 CA 736. Defendant's testimony that he believed the victim was going after defendant's girlfriend after the victim threatened to kill her and the ample circumstantial evidence of a history of a violent and abusive relationship between the victim and defendant's girlfriend about which defendant was fully aware entitled him to a jury charge on the defense of others. 126 CA 597; judgment reversed, see 307 C. 823.

Cited. 34 CS 612. Use of deadly force not justified when attack by assailants on third person had stopped and assailants were leaving. 35 CS 570. Cited. 38 CS 619; 43 CS 46.

Subsec. (a):

Cited. 186 C. 654; 187 C. 199; 225 C. 916. Not only must defendant's belief in the type of threat facing him have been reasonable, but the degree of force used in response must be evaluated for reasonableness as well. 256 C. 193. Under the subjective-objective test, state must disprove beyond a reasonable doubt that defendant subjectively held an objectively reasonable belief that use of deadly force was necessary to defend himself or others. 292 C. 656. Use of the terms “honest” and “sincere” in the jury instructions were an accurate statement of the law of self-defense regarding the subjective portion of the subjective-objective test and did not mislead the jury. 318 C. 621.

Cited. 3 CA 289; 5 CA 338; 22 CA 521; 25 CA 456; 29 CA 754; 31 CA 385. The subjective-objective inquiry into defendant's belief regarding the necessary degree of force requires jury to make two separate affirmative determinations in order for defendant's claim of self-defense to succeed. 68 CA 19. In the case of self-defense, eyewitness testimony of prior specific acts of violence perpetrated on defendant by his or her victim are admissible to show defendant's state of mind at the time of the killing. Id., 828. State proved beyond a reasonable doubt that defendant was not justified in using deadly physical force. 75 CA 80. Where a particular jury instruction, when viewed in isolation, could have been construed as dictating a purely objective standard, it was held that the charge as a whole, adequately instructed jury as to both the subjective and objective aspects of the test involved in a self-defense analysis. Id., 500. Trial court improperly instructed jury on defendant's claim of self-defense by removing from its consideration the disputed factual issue of whether defendant used nondeadly force in self-defense; new trial ordered. 97 CA 679.

Subsec. (b):

Cited. 186 C. 654; 229 C. 916, see also 35 CA 520. Defendant's knowledge of ability to retreat is measured according to the subjective standard of defendant's actual knowledge; defendant accused of felony murder may not rely on a claim of self-defense. 254 C. 184. Subdiv. (1) allows state to rebut self-defense claim by showing that defendant could have retreated safely before using deadly force; it does not follow that defendant is statutorily or constitutionally entitled to use evidence of retreat after using deadly force to bolster self-defense claim without permitting jury to consider other possible reasons for the flight. 279 C. 414. Unlike the subjective-objective test in Subsec. (a), the duty to retreat under 2003 revision imposes only a subjective requirement that retreat in complete safety be available and that defendant know of it. 292 C. 656.

Cited. 31 CA 385; 34 CA 610; 40 CA 624; 43 CA 488; 44 CA 62. Retreat exception applies to a dwelling, not to a superior right to being outside the dwelling. 47 CA 91. Jury instruction that included an objective standard regarding the statutory duty to retreat was improper. 187 CA 661.

Subsec. (c):

Cited. 221 C. 58. Subdiv. (2): Person who first uses physical force is not necessarily the initial aggressor under section; judgment of Appellate Court in 30 CA 406 reversed. 228 C. 335. There was no occasion for trial court to instruct the jury on initial aggressor doctrine under Subdiv. (2) when the state did not claim that defendant was the initial aggressor. 246 C. 268. Subdiv. (2): Language of Subdiv. is plain and unambiguous and provides that initial aggressor is justified in using physical force only if he withdraws and certain other conditions are satisfied, and Subdiv. does not provide, or suggest, that initial aggressor who uses nondeadly force is justified in using deadly force to repel victim's unlawful escalation of force to the deadly level. 292 C. 734. Subdiv. (2): Although court used the word retreat in its jury instructions on the law of initial aggressor, rather than the word withdraw set forth in statute, such usage was not confusing or misleading. 299 C. 1. Subdiv. (3): Defendant is not disqualified as a matter of law under Subdiv. from asserting a claim of self-defense during a combat by agreement when one party unilaterally and dangerously escalates the equal and previously agreed upon terms of a fight; instruction charging the jury on combat by agreement did not misstate the law when such jury instruction required defendant to “actually know” rather than “actually and reasonably believe” that the victim had escalated the fight from the mere use of physical force to actual use or imminent use of deadly force. 318 C. 621.

Subdiv. (1): Provocation element carries with it requirement that actor act with specific intent to elicit use of physical force by another. 19 CA 609. Cited. 22 CA 521; 35 CA 699. Jury could have reasonably concluded from evidence presented that defendant was not justified in using deadly force against the victim because he was the initial aggressor. 75 CA 80.

Cited. 41 CS 525.
Conn. Gen. Stat. § 53-202h — Connecticut Code / Title 53 / Chapter 943 / Section 53-202h
Sec. 53-202h. Temporary transfer or possession of assault weapon for transport to out-of-state event.
Status: in_force

Cited. 234 C. 455; 242 C. 143.
Conn. Gen. Stat. § 53a-159 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-159
Sec. 53a-159. Bribe receiving by a labor official: Class D felony.
Status: in_force

(b) Bribe receiving by a labor official is a class D felony.

Cited. 229 C. 479.
Conn. Gen. Stat. § 53a-127c — Connecticut Code / Title 53a / Chapter 952 / Section 53a-127c
Sec. 53a-127c. Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain: Class D felony.
Status: in_force

(b) Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain is a class D felony.

See Sec. 52-570f re civil action and relief authorized for theft of service.
Conn. Gen. Stat. § 53a-217b — Connecticut Code / Title 53a / Chapter 952 / Section 53a-217b
Sec. 53a-217b. Possession of a weapon on school grounds: Class D felony.
Status: in_force

(b) The provisions of subsection (a) of this section shall not apply to the otherwise lawful possession of a firearm (1) by a person for use in a program approved by school officials in or on such school property or at such school-sponsored activity, (2) by a person in accordance with an agreement entered into between school officials and such person or such person's employer, (3) by a peace officer, as defined in subdivision (9) of section 53a-3 , while engaged in the performance of such peace officer's official duties, or (4) by a person while traversing such school property for the purpose of gaining access to public or private lands open to hunting or for other lawful purposes, provided such firearm is not loaded and the entry on such school property is permitted by the local or regional board of education.

(c) Possession of a weapon on school grounds is a class D felony.
Conn. Gen. Stat. § 53a-166 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-166
Sec. 53a-166. Hindering prosecution in the second degree: Class C felony.
Status: in_force

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

Cited. 200 C. 310; 223 C. 595.

Cited. 7 CA 470; 22 CA 601; 28 CA 721.

Cited. 38 CS 521.
Conn. Gen. Stat. § 53a-56 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-56
Sec. 53a-56. Manslaughter in the second degree: Class C felony.
Status: in_force

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

Cited. 169 C. 309; 181 C. 406; 188 C. 542; 195 C. 232. Manslaughter is not a lesser included offense of felony murder. 196 C. 421. Cited. 199 C. 631; 201 C. 174; 202 C. 629; 210 C. 78; 212 C. 593; 213 C. 579; 216 C. 699; 217 C. 498; 226 C. 237; 227 C. 566; 236 C. 342.

Cited. 7 CA 180; 11 CA 425; 19 CA 674; 21 CA 654; 24 CA 586; 26 CA 448; 32 CA 687; Id., 759; 37 CA 722; 42 CA 348. Cited re evidence sufficient to sustain conviction. 51 CA 814.

Subsec. (a):

Cited. 174 C. 89. Subdiv. (1): Manslaughter is a lesser included offense of murder although the state of mind required is different. 180 C. 382. Cited. 185 C. 63; 187 C. 6; 193 C. 632; 194 C. 119; 199 C. 155; 206 C. 657; 214 C. 57; 219 C. 16; 222 C. 444; 225 C. 55; 226 C. 20; 228 C. 118; Id., 147; 231 C. 115; 238 C. 253.

Cited. 5 CA 157; Id., 338; 11 CA 628; 17 CA 502; judgment reversed, see 213 C. 579; 20 CA 430; 25 CA 456; 28 CA 771; Id., 825; 30 CA 95; judgment reversed, see 228 C. 147; 32 CA 854; 38 CA 815; 40 CA 47. Conviction for manslaughter under Subdiv. (1) and manslaughter in second degree with a motor vehicle under Sec. 53a-56b(a) for the death of one person does not constitute double jeopardy. 111 CA 466.
Conn. Gen. Stat. § 53a-16a — Connecticut Code / Title 53a / Chapter 951 / Section 53a-16a
Sec. 53a-16a. Affirmative defense in certain situations involving firearms; exceptions.
Status: in_force

Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. Cited. 198 C. 190; 209 C. 75.

Cited. 23 CA 615; 24 CA 195; 45 CA 390.
Conn. Gen. Stat. § 53-142j — Connecticut Code / Title 53 / Chapter 941 / Section 53-142j
Sec. 53-142j. (Formerly Sec. 53-142e). Destruction, delay or opening of letters and packages by private messenger or courier service prohibited.
Status: in_force

(b) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.
Conn. Gen. Stat. § 53a-126b — Connecticut Code / Title 53a / Chapter 952 / Section 53a-126b
Sec. 53a-126b. Criminal trover in the second degree: Class A misdemeanor.
Status: in_force

(b) For the purposes of this section, “economic loss” includes uncompensated economic loss that exceeds five hundred dollars suffered by an owner of personal property who is engaged in the business of renting or leasing personal property when a person to whom such owner has rented or leased such property pursuant to a written agreement providing for the return of such property at a specified time fails to return such property within one hundred twenty hours after the owner sends a written demand to such person for the return of such property by registered mail addressed to such person at such person's address as shown in the written agreement, unless a more recent address is known to the owner. Acknowledgment of the receipt of such written demand by such person shall not be necessary to establish that one hundred twenty hours have passed since such written demand was sent. The provisions of this subsection shall not apply to personal property that is rented or leased (1) for personal, family or household purposes, or (2) pursuant to chapter 743i.

(c) Criminal trover in the second degree is a class A misdemeanor.
Conn. Gen. Stat. § 53a-64cc — Connecticut Code / Title 53a / Chapter 952 / Section 53a-64cc
Sec. 53a-64cc. Strangulation or suffocation in the third degree: Class A misdemeanor.
Status: in_force

(b) No person shall be found guilty of strangulation or suffocation 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 or suffocation in the third degree is a class A misdemeanor.
Conn. Gen. Stat. § 53-80a — Connecticut Code / Title 53 / Chapter 941 / Section 53-80a
Sec. 53-80a. Manufacture of bombs.
Status: in_force

Possession of an explosive in violation of Sec. 29-348 and manufacturing a bomb in violation of this section are not the same offense; defendant's action of gluing pennies onto an M-1000 explosive device constituted fabrication. 152 CA 753; judgment reversed on alternate grounds, see 320 C. 589.

Cited. 41 CS 525.
Conn. Gen. Stat. § 53a-147 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-147
Sec. 53a-147. Bribery: Class C felony.
Status: in_force

(b) Bribery is a class C felony.

Offense of offering gratuity requires element of proof, specific intent, which is not needed to prove greater offense of bribery; it is no defense for crime of bribery that police officer had no authority to take action desired by bribe given; covers crime of bribery in broad terms and is not limited to administration of justice and attempts to influence legislation. 172 C. 458. Sec. 29-9 is not lesser included offense to this charge, and acceptance of guilty plea to said section was nullity. Id., 608.

Cited. 1 CA 524; 5 CA 125; 9 CA 15; 14 CA 322; 21 CA 386. The term “offer” is undefined, but section language is similar to federal bribery statute, 18 USC 201(b), and, under federal law, a bribery conviction must be based on more than evidence of mere preparation, but must progress to the point that defendant made an offer that consisted of an expression of a desire and an ability to pay the public official for performing a proscribed act. 156 CA 650.
Conn. Gen. Stat. § 53a-87 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-87
Sec. 53a-87. Promoting prostitution in the second degree: Class C felony.
Status: in_force

(b) Promoting prostitution in the second degree is a class C felony and any person found guilty shall be fined ten thousand dollars.

Cited. 199 C. 47.

Cited. 13 CA 732.
Conn. Gen. Stat. § 53-378a — Connecticut Code / Title 53 / Chapter 948 / Section 53-378a
Sec. 53-378a. Solicitation of contributions for veterans' charitable organization with intent to defraud.
Status: in_force

(b) Any person, firm or corporation that violates any provision of subsection (a) of this section shall be guilty of a class C misdemeanor.
Conn. Gen. Stat. § 53a-129e — Connecticut Code / Title 53a / Chapter 952 / Section 53a-129e
Sec. 53a-129e. Trafficking in personal identifying information: Class D felony.
Status: in_force

(b) Trafficking in personal identifying information is a class D felony.
Conn. Gen. Stat. § 53-251 — Connecticut Code / Title 53 / Chapter 945 / Section 53-251
Sec. 53-251. Docking of horses' tails.
Status: in_force

(b) If a horse is found with the bone, muscles or tendons of its tail so cut and with the wound resulting from such cutting unhealed upon the premises of any person, such facts shall be prima facie evidence that the person who occupies or has the use of the premises on which such horse is so found has committed the offense described in subsection (a). If a horse is found with the bone, muscles or tendons of its tail so cut and with the wound resulting from such cutting unhealed in the charge or custody of any person, such facts shall be prima facie evidence that the person having the charge or custody of such horse has committed the offense charged in said subsection (a).

(c) No provision of this section shall be construed to prevent the operation by a registered veterinarian upon the tail of a horse when such operation is necessary for the health of the horse or is the means of effecting the natural carriage of its tail.
Conn. Gen. Stat. § 53a-189b — Connecticut Code / Title 53a / Chapter 952 / Section 53a-189b
Sec. 53a-189b. Disseminating voyeuristic material: Class D felony.
Status: in_force

(b) Disseminating voyeuristic material is a class D felony.
Conn. Gen. Stat. § 53a-9 — Connecticut Code / Title 53a / Chapter 951 / Section 53a-9
Sec. 53a-9. Lack of criminal responsibility; absence of prosecution or conviction not a defense.
Status: in_force

Cited. 179 C. 1; 209 C. 75; 242 C. 409. Section clearly abrogates judicially created doctrine of collateral estoppel to the extent that the doctrine would preclude retrial of the issue of the principal's guilt. 270 C. 458.

Cited. 35 CA 138; Id., 360.
Conn. Gen. Stat. § 53a-163 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-163
Sec. 53a-163. Soliciting or accepting benefit for rigging: Class A misdemeanor.
Status: in_force

(b) Soliciting or accepting benefit for rigging is a class A misdemeanor.
Conn. Gen. Stat. § 53-377 — Connecticut Code / Title 53 / Chapter 948 / Section 53-377
Sec. 53-377. Fraudulent uses of badges or insignia.
Status: in_force

See Sec. 53-341a re sale of badge or shield of governmental official or employee.
Conn. Gen. Stat. § 53a-181i — Connecticut Code / Title 53a / Chapter 952 / Section 53a-181i
Sec. 53a-181i. Intimidation based on bigotry or bias: Definitions.
Status: in_force

(1) “Disability” means physical disability, mental disability or intellectual disability;

(2) “Gender identity or expression” means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's assigned sex at birth;

(3) “Mental disability” means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”;

(4) “Intellectual disability” has the same meaning as provided in section 1-1g ; and

(5) “Physical disability” means any chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to, blindness, epilepsy, deafness or being hard of hearing or reliance on a wheelchair or other remedial appliance or device.
Conn. Gen. Stat. § 53a-32a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-32a
Sec. 53a-32a. Violation of probation by certain sexual offenders.
Status: in_force

Trial court not required to notify defendant, upon entering guilty plea under Alford doctrine, that failure to acknowledge his guilt could result in violation of condition of his probation requiring sex offender treatment. 268 C. 174. Defendant had been afforded a full hearing on his violation of probation charge as required under Sec. 53a-32(a); even when defendant is acquitted of the underlying crime leading to probation revocation proceeding, probation may still be revoked. 281 C. 548.

Statute can be applied only prospectively; trial court improperly considered defendant's refusal to admit to guilt during sexual offender treatment as a violation of probation. 69 CA 421; judgment reversed, see 268 C. 174. Section does not prevent court from revoking probation for failure to satisfy probation condition of successful completion of sexual offender treatment related to a crime committed under Sec. 53a-21(a)(1) which is not enumerated in section because section's automatic nature does not deprive courts of discretion to revoke probation under other circumstances. 95 CA 686. Simply because automatic revocation proceeding established by section arguably is inapplicable to defendant convicted after trial, it does not follow that such defendant is immune from discretionary revocation sought by defendant's probation officer on the basis of defendant's discharge from sex offender treatment in accordance with the normal procedures set forth in Sec. 53a-32. 98 CA 579. Defendant, who was aware of the terms of his probation when entering his plea, violated his probation when he refused to discuss the details of his underlying offense at counseling. 112 CA 562.
Conn. Gen. Stat. § 53-379a — Connecticut Code / Title 53 / Chapter 948 / Section 53-379a
Sec. 53-379a. Residential mortgage fraud. Penalties. Definitions.
Status: in_force

(b) (1) A person who commits a single act of residential mortgage fraud is guilty of a class D felony.

(2) A person who commits two or more acts of residential mortgage fraud is guilty of a class C felony.

(3) For purposes of this section, (A) “person” means (i) a mortgage broker, mortgage lender, mortgage correspondent lender, mortgage loan originator, loan processor or underwriter, as such terms are defined in section 36a-485 , or (ii) any other individual who is a mortgagor on more than three individual mortgage loans or who purchases or sells more than three residential properties in a consecutive twelve-month period; (B) “mortgage lending process” means the process through which an individual seeks or obtains a residential mortgage loan, including solicitation, application, origination, negotiation of terms, underwriting, signing, closing and funding of a residential mortgage loan and services provided incident to such mortgage loan, including the appraisal of the residential property; and (C) “residential property” means “residential property” as defined in section 36a-485 .

(c) It shall be sufficient in any prosecution for residential mortgage fraud to show that the party accused did the act with the intent to deceive or defraud. It shall be unnecessary to show that any particular person was harmed financially in the transaction or that the person to whom the deliberate misstatement, misrepresentation or omission was made relied upon the misstatement, misrepresentation or omission. For purposes of this section, the residential mortgage fraud is committed: (1) In the county in which the residential real property for which the mortgage loan is being sought is located; (2) in the county in which any act was performed in furtherance of residential mortgage fraud; (3) in any county in which any person alleged to have engaged in an act that constitute residential mortgage fraud had control or possession of any proceeds of such residential mortgage fraud; (4) if a closing occurred, in any county in which the closing occurred; or (5) in any county in which a document containing a deliberate misstatement, misrepresentation or omission is filed with an official registrar.
Conn. Gen. Stat. § 53a-127 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-127
Sec. 53a-127. Diversion from state of benefit of labor of employees: Class A misdemeanor.
Status: in_force

(b) Diversion from the state of benefit of labor of employees is a class A misdemeanor.

Cited. 194 C. 223.
Conn. Gen. Stat. § 53a-113 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-113
Sec. 53a-113. Arson in the third degree: Class C felony.
Status: in_force

(b) Arson in the third degree is a class C felony.

Cited. 172 C. 298; 177 C. 545; 191 C. 636; 194 C. 210; 197 C. 158; 198 C. 92. There is no such thing as a conspiracy to commit a crime which is defined in terms of recklessly or negligently causing a result; therefore conspiracy to commit arson in the third degree in violation of this statute and Sec. 53a-48 is not a crime cognizable under state law. 199 C. 1. Cited. 200 C. 268; 202 C. 520; 235 C. 185; Id., 679.

Cited. 6 CA 680; 10 CA 361; 22 CA 53; 35 CA 94; judgment reversed, see 235 C. 185; Id., 714.

Cited. 41 CS 525.
Conn. Gen. Stat. § 53a-182 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-182
Sec. 53a-182. Disorderly conduct: Class C misdemeanor.
Status: in_force

(b) Disorderly conduct is a class C misdemeanor.

Cited. 188 C. 557; 194 C. 347; 224 C. 914; 228 C. 795; 234 C. 78; 237 C. 613; Id., 633.

Cited. 5 CA 616; 9 CA 15; Id., 255; 11 CA 24; 12 CA 258; Id., 306; Id., 364; Id., 481; 17 CA 156; Id., 234; Id., 339; 22 CA 303; 26 CA 157; 28 CA 344; 29 CA 283; judgment reversed, see 228 C. 795; 36 CA 106; judgment reversed, see 234 C. 78. Evidence sufficient to support conviction for disorderly conduct. 96 CA 341.

Cited. 34 CS 612; 36 CS 129; 37 CS 767; 38 CS 472; Id., 665.

Subsec. (a):

Cited. 179 C. 328. Subdiv. (3): Under statute, disorderly conduct may occur in a place that is not public. 194 C. 347. Cited. 221 C. 788. Subdiv. (2): Plain language of section unconstitutionally vague, court construed it to provide it with constitutional content for the future; judgment of Appellate Court in 29 CA 283 reversed. 228 C. 795. Cited. 230 C. 183; 237 C. 619.

Cited. 8 CA 153; Id., 517; 36 CA 625; judgment reversed, see 237 C. 613; 40 CA 643. Subdiv. (2): Held unconstitutional on its face where conduct occurred prior to judicial gloss placed on statute. 46 CA 661. Subdiv. (2) should be read and applied as follows: A person is guilty of disorderly conduct when, with the predominant intent previously defined or with reckless disregard for the risks of his or her conduct, the person, by conduct that is grossly offensive under contemporary community standards to a person who actually overhears it or sees it, disturbs or impedes the lawful activity of another person. 83 CA 724. There was sufficient evidence presented by the state and the court reasonably could have inferred on the basis of the size of defendants' belongings and their position on the sidewalk that defendants intended to cause inconvenience, annoyance and alarm and did obstruct sidewalk. 108 CA 146.

Expression of political views found not to constitute disorderly conduct. 33 CS 93. Subdiv. (2): Failure of charge to limit application of section to “fighting words” deprived defendant of freedom of speech constitutional guarantee. 34 CS 689.
Conn. Gen. Stat. § 53a-96 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-96
Sec. 53a-96. Unlawful restraint in the second degree: Class A misdemeanor.
Status: in_force

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

Cited. 178 C. 600; 188 C. 372; 191 C. 604; 197 C. 413; Id., 602; 206 C. 100; 211 C. 672; 224 C. 397; 231 C. 195. Because an unlawful restraint involves the restriction of another person's movements with the intent to interfere substantially with that person's liberty, the crime of unlawful restraint is a specific intent crime. 287 C. 509.

Cited. 9 CA 656; 19 CA 396; 29 CA 524; 30 CA 281; 31 CA 497; 46 CA 486.
Conn. Gen. Stat. § 53a-189c — Connecticut Code / Title 53a / Chapter 952 / Section 53a-189c
Sec. 53a-189c. Unlawful dissemination of an intimate image: Class A misdemeanor or class D felony.
Status: in_force

(b) The provisions of subsection (a) of this subsection shall not apply to:

(1) Any image described in subsection (a) of this section of such other person if such image resulted from voluntary exposure or engagement in sexual intercourse by such other person, in a public place, as defined in section 53a-181 , or in a commercial setting;

(2) Any image described in subsection (a) of this section of such other person, if such other person is not clearly identifiable, unless other personally identifying information is associated with or accompanies the image; or

(3) Any image described in subsection (a) of this section of such other person, if the dissemination of such image serves the public interest.

(c) Unlawful dissemination of an intimate image to (1) a person by any means is a class A misdemeanor, and (2) more than one person by means of an interactive computer service, as defined in 47 USC 230, an information service, as defined in 47 USC 153, or a telecommunications service, as defined in section 16-247a , is a class D felony.

(d) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 USC 230, an information service, as defined in 47 USC 153, or a telecommunications service, as defined in section 16-247a , for content provided by another person.
Conn. Gen. Stat. § 53a-213b — Connecticut Code / Title 53a / Chapter 952 / Section 53a-213b
Sec. 53a-213b. Smoking, otherwise inhaling or ingesting cannabis as a passenger in a motor vehicle: Class D misdemeanor.
Status: in_force

(b) Smoking or otherwise inhaling or ingesting cannabis in a motor vehicle is a class D misdemeanor.

(c) No peace officer shall stop a motor vehicle for a violation of this section if such violation is the sole reason for such stop.
Conn. Gen. Stat. § 53a-46c — Connecticut Code / Title 53a / Chapter 952 / Section 53a-46c
Sec. 53a-46c. Applicability of death penalty provisions in effect on and after October 1, 1980.
Status: in_force

Does not violate prohibition of cruel and unusual punishment nor infringe on rights to due process. 230 C. 183. Cited. 238 C. 389.

Cited. 9 CA 686.
Conn. Gen. Stat. § 53a-125g — Connecticut Code / Title 53a / Chapter 952 / Section 53a-125g
Sec. 53a-125g. Telephone fraud in the fifth degree: Class B misdemeanor.
Status: in_force

(b) Telephone fraud in the fifth degree is a class B misdemeanor.
Conn. Gen. Stat. § 53-445 — Connecticut Code / Title 53 / Chapter 949e / Section 53-445
Sec. 53-445. Knowledge of health insurance fraud, report to Insurance Commissioner. Independent investigation conducted. Subject to civil liability, when.
Status: in_force

(b) The commissioner shall review and investigate any reports of or information received by any person regarding insurance fraud; he shall conduct an independent investigation of the suspected insurance fraud; and when he reasonably believes that a violation has occurred, he shall refer such investigation to the appropriate state agency for criminal prosecution, civil enforcement or disciplinary action. During the commissioner's investigation and prior to the referral of such investigation, the investigation and record thereof shall be confidential.

(c) Any person, including an insurer, as defined in subsection (c) of section 53-441 , or a not-for-profit organization established to detect and prevent insurance fraud or his or its agents or employees may disclose otherwise personal or privileged information as defined in section 38a-976 , orally or in writing to another person concerning any alleged, suspected or anticipated insurance fraud as defined in section 53-442 , when such disclosure is limited to that which is reasonably necessary to detect, investigate or prevent criminal activity, fraud, material misrepresentation or material nondisclosure.

(d) No person shall be subject to liability for libel, slander or any other civil liability in connection with the filing of reports or documents, or furnishing orally or in writing information concerning any suspected, anticipated or alleged insurance fraud, when the reports, documents or information are provided or received in accordance with the provisions of subsection (a) or (c) of this section or in accordance with an order issued by a court of competent jurisdiction to provide testimony or evidence, unless such person disclosed false information with malice or wilful intent to injure any person.
Conn. Gen. Stat. § 53-399 — Connecticut Code / Title 53 / Chapter 949c / Section 53-399
Sec. 53-399. Lien notice. Lien in favor of state.
Status: in_force

(b) The CORA lien notice shall be signed by a state's attorney and shall set out the following information:

(1) The name of the defendant; the notice may include any aliases or fictitious names under which the defendant may be known and may also name any corporation, partnership or other entity that is either controlled by or entirely owned by the defendant;

(2) To the extent then known by such state's attorney, the present residence and business address of the defendant;

(3) A statement that a prosecution under this chapter has been commenced against the defendant, the name of the judicial district in which such case is pending, the name of the case, and, to the extent then known by such state's attorney, the docket number of the proceeding;

(4) A statement that the notice is being filed pursuant to this chapter;

(5) The name of the state's attorney who is bringing the proceeding and the address of his office; and

(6) A description of the appropriate property of the defendant which the state's attorney has probable cause to believe is subject to forfeiture under this chapter.

(c) A CORA lien notice shall apply only to one person and, to the extent applicable, to any associated aliases, fictitious names or other names, including names of corporations, partnerships or other entities as provided in subdivision (1) of subsection (b) of this section.

(d) The state's attorney shall, as soon as practicable after the filing of each CORA lien notice, furnish to the defendant either a copy of the recorded notice or a copy of the notice with a notation thereon of the office or offices in which the notice has been recorded. The failure of the state's attorney to so furnish a copy of the notice under this subsection shall not invalidate or otherwise affect the notice.

(e) The filing of a CORA lien notice creates, from the time of its filing, a lien in favor of the state on the property therein described of the defendant named in the notice as provided in subdivision (1) of subsection (b) of this section.

(f) The lien shall commence and attach as of the time of filing of the CORA lien notice and shall continue thereafter until expiration, termination or discharge pursuant to section 53-400 . The lien created in favor of the state shall be superior and prior to the interest of any other person in the property acquired subsequent to the filing of the notice.

(g) The filing of a CORA lien notice shall not affect the use to which the property to which it pertains may be put or the right of the defendant to receive any avails, rents or other proceeds resulting from the use and ownership but not the sale of such property, unless and until a judgment of forfeiture is rendered.

Cited. 206 C. 421; 229 C. 479.
Conn. Gen. Stat. § 53-319 — Connecticut Code / Title 53 / Chapter 946 / Section 53-319
Sec. 53-319. Sale or shipment of diseased flesh.
Status: in_force

(b) The possession of any such flesh dressed in a manner suitable for sale or use shall be deemed prima facie evidence of an intent to sell and a violation of the provisions of this section. All unborn and stillborn animals shall be condemned, and no hide or skin thereof shall be removed from the carcass within a room in which edible products are handled. Any person, firm or corporation which violates or causes to be violated any of the provisions of this section shall be fined not more than one hundred dollars or imprisoned not more than six months.

Meaning of “wilfully” under former statute. 76 C. 94.
Conn. Gen. Stat. § 53-202e — Connecticut Code / Title 53 / Chapter 943 / Section 53-202e
Sec. 53-202e. Relinquishment of assault weapon to law enforcement agency.
Status: in_force

Cited. 234 C. 455; 242 C. 143.
Conn. Gen. Stat. § 53-202n — Connecticut Code / Title 53 / Chapter 943 / Section 53-202n
Sec. 53-202n. Possession of specified assault weapon permitted under certain circumstances. Notice requirement.
Status: in_force

(b) The provisions of subsection (a) of section 53-202c shall not apply to any person who (1) in good faith purchased or otherwise obtained title to a specified assault weapon on or after October 1, 1993, and prior to May 8, 2002, in compliance with any state and federal laws concerning the purchase or transfer of firearms, (2) is not otherwise disqualified or prohibited from possessing such specified assault weapon, and (3) has notified the Department of Emergency Services and Public Protection in accordance with subsection (c) of this section prior to October 1, 2003, that he or she possesses such specified assault weapon.

(c) A person complies with the notice requirement of subdivision (3) of subsection (b) of this section if such person provides the Department of Emergency Services and Public Protection with: (1) A copy of the proof of purchase for such specified assault weapon, and (2) one of the following: (A) A copy of state form DPS-3 with respect to such specified assault weapon, (B) a copy of federal ATF Form 4473 with respect to such specified assault weapon, or (C) a sworn affidavit from such person that such specified assault weapon was purchased in compliance with any state and federal laws concerning the purchase or transfer of firearms; except that, if such person does not have a copy of the proof of purchase for such specified assault weapon, such person may satisfy the requirement of subdivision (1) of this subsection by, not later than January 1, 2003, providing such information as the department may require on a form prescribed by the department together with a sworn affidavit from such person that such specified assault weapon was purchased in compliance with any state and federal laws concerning the purchase or transfer of firearms.

(d) Any person who is a member of the military or naval forces of this state or of the United States and is unable to meet the notice requirements of subdivision (3) of subsection (b) and of subsection (c) of this section by October 1, 2003, because such person is or was on official duty outside this state, may file such notice within ninety days of returning to the state.

(e) As proof that a person has complied with the notice requirement of this section and that such notice has been received by the Department of Emergency Services and Public Protection, the department shall issue a certificate of possession for such specified assault weapon. Such certificate shall contain a description of the firearm that identifies it uniquely, including all identification marks, and the full name, address and date of birth of the owner.
Conn. Gen. Stat. § 53a-304 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-304
Sec. 53a-304. Damage to public transportation property for terrorist purposes: Class C felony.
Status: in_force

(b) Damage to public transportation property for terrorist purposes is a class C felony.
Conn. Gen. Stat. § 53a-260 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-260
Sec. 53a-260. Location of offense.
Status: in_force

(b) In any prosecution for a violation of section 53a-251 based upon more than one act in violation thereof, the offense shall be deemed to have been committed in any of the towns in which any of the acts occurred or in which a computer system or part thereof involved in a violation was located.
Conn. Gen. Stat. § 53a-90b — Connecticut Code / Title 53a / Chapter 952 / Section 53a-90b
Sec. 53a-90b. Misrepresentation of age to entice a minor: Class C felony.
Status: in_force

(b) Misrepresentation of age to entice a minor is a class C felony.
Conn. Gen. Stat. § 53-402 — Connecticut Code / Title 53 / Chapter 949c / Section 53-402
Sec. 53-402. Judgment of conviction and forfeiture. Title of the state to forfeited property.
Status: in_force

(b) If the defendant appeals the judgment of conviction and forfeiture during such period the judgment shall not be so recorded by the clerk unless and until all appellate proceedings relating to the conviction have concluded and the judgment has been affirmed. During the pendency of any such appellate proceedings the state may move for the appointment of a receiver pursuant to section 53-398 if one has not already been appointed pursuant to said section. After a judgment of conviction and forfeiture has been rendered by the court under this chapter such receiver shall hold and record any net income or profits resulting from the use and ownership of the property committed to his charge. Upon the conclusion of all appellate proceedings relating to the conviction under this chapter and an affirmance of the final judgment rendered, the clerk shall record the judgment of conviction and forfeiture in the appropriate records as provided in subsection (a) of this section and all net income or profits held by the receiver shall be deemed to be part of the property forfeited to the state by the defendant.

(c) The title of the state to the forfeited property shall, in the case of real property or a beneficial interest, relate back to the date on which a CORA lien notice covering such property or interest was filed in the appropriate official records, and if no CORA lien notice has been filed, shall vest, in the case of real property, on the date such judgment is recorded pursuant to this section, and in the case of a beneficial interest, on the date such judgment is recorded or, where appropriate, filed with the clerk of the court. In the case of personal property, the title of the state shall relate back to the date a CORA lien notice covering such property was filed in the appropriate official records, and if no CORA lien notice has been filed, shall vest on the date such judgment is filed with the clerk of the court.

Cited. 206 C. 421; 229 C. 479.
Conn. Gen. Stat. § 53-379b — Connecticut Code / Title 53 / Chapter 948 / Section 53-379b
Sec. 53-379b. Judgment liens in residential mortgage fraud. Restitution.
Status: in_force

(b) In addition to the penalty prescribed under section 53-379a , courts may order restitution to any person that has suffered a financial loss due to any act or acts constituting residential mortgage fraud.

(c) In the absence of fraud, bad faith or malice, a person shall not be subject to an action for civil liability for filing reports or furnishing other information regarding suspected residential mortgage fraud under section 53-379a to a regulatory or law enforcement agency.
Conn. Gen. Stat. § 53-452 — Connecticut Code / Title 53 / Chapter 949g / Section 53-452
Sec. 53-452. Civil actions. Recovery of attorney's fees and costs. Damages. Statute of limitations.
Status: in_force

(b) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover reasonable attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the lesser of ten dollars for each and every unsolicited bulk electronic mail message transmitted in violation of section 53-451 or twenty-five thousand dollars per day for each day of violation. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.

(c) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover reasonable attorneys' fees and costs and may elect, in lieu of actual damages, to recover the greater of ten dollars for each and every unsolicited bulk electronic mail message transmitted in violation of section 53-451 or twenty-five thousand dollars per day.

(d) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent any possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.

(e) The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

(f) A civil action under this section shall not be commenced but within two years from the date of the act complained of. In actions alleging injury arising from the transmission of unsolicited bulk electronic mail, personal jurisdiction may be exercised pursuant to section 52-59b .

See Sec. 52-570b re civil action for computer-related offenses.
Conn. Gen. Stat. § 53a-181l — Connecticut Code / Title 53a / Chapter 952 / Section 53a-181l
Sec. 53a-181l. Intimidation based on bigotry or bias in the third degree: Class E felony.
Status: in_force

(b) Intimidation based on bigotry or bias in the third degree is a class E felony, for which one thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

See Sec. 52-571c re action for damages and other relief for violation of this section.
Conn. Gen. Stat. § 53a-61a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-61a
Sec. 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.
Status: in_force

(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.

See Sec. 53a-36 re mandatory nonsuspendable sentence.

See Secs. 53a-321 to 53a-323, inclusive, re abuse of elderly, blind or disabled person or person with intellectual disability.

Court, in sentencing defendant convicted under section, must impose a 1-year mandatory nonsuspendable term of imprisonment and does not have option of imposing a fine or a sentence of unconditional discharge. 180 C. 557. Cited. 216 C. 282.

Cited. 5 CA 590; 12 CA 239; 13 CA 420; 16 CA 318; 21 CA 248; 29 CA 524; 31 CA 312; 32 CA 178.
Conn. Gen. Stat. § 53a-196h — Connecticut Code / Title 53a / Chapter 952 / Section 53a-196h
Sec. 53a-196h. Possessing or transmitting child sexual abuse material by minor: Class A misdemeanor.
Status: in_force

(2) No person who is under sixteen years of age may knowingly and voluntarily transmit by means of an electronic communication device a visual depiction of child sexual abuse material in which such person is the subject of such visual depiction to another person who is under eighteen years of age.

(b) As used in this section, “child sexual abuse material” and “visual depiction” have the same meanings as provided in section 53a-193 , and “electronic communication device” means any electronic device that is capable of transmitting a visual depiction, including a computer, computer network and computer system, as those terms are defined in section 53a-250 , and a cellular or wireless telephone.

(c) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.
Conn. Gen. Stat. § 53a-37 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-37
Sec. 53a-37. Multiple sentences: Concurrent or consecutive, minimum term.
Status: in_force

Cited. 178 C. 427. Statute provides for three sentencing options where multiple sentences are imposed at same time. Id., 634. Section authorizes multiple sentences with consecutive minimum and maximum terms. 179 C. 381. Cited. 184 C. 366; Id., 434; 185 C. 473; 190 C. 327; 192 C. 471; 197 C. 413; Id., 485; 206 C. 40; Id., 685; 207 C. 270; Id., 276; 208 C. 420; 217 C. 568. Does not impose limits on trial court's common law inherent sentencing power to stay execution of a criminal sentence. 225 C. 46. Cited. 228 C. 384. Court was not prohibited from imposing a term of incarceration consecutive to a sentence of life imprisonment without possibility of release. 249 C. 645.

Cited. 7 CA 131; Id., 367; 9 CA 365; Id., 686; 17 CA 307; 20 CA 572; 26 CA 10; 34 CA 503. Application of section is limited to “offenses” and since criminal contempt is not a criminal offense, it is not a matter within section's scope; however, legislature did not intend to change existing common law in enacting section and therefore trial court had inherent authority to impose criminal sentence that ran concurrently with previous sentence for criminal contempt. 59 CA 145.

Cited. 30 CS 71; 36 CS 168.
Conn. Gen. Stat. § 53-23 — Connecticut Code / Title 53 / Chapter 939 / Section 53-23
Sec. 53-23. Abandonment of child under the age of six years.
Status: in_force

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

See Secs. 53-304 to 53-308, inclusive, re nonsupport cases.
Conn. Gen. Stat. § 53-394 — Connecticut Code / Title 53 / Chapter 949c / Section 53-394
Sec. 53-394. Definitions.
Status: in_force

(b) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is incurred or contracted:

(1) In violation of any of the following provisions of law: (A) Sections 53-278a to 53-278f , inclusive, relating to gambling activity; (B) chapter 663, relating to interest violations; or

(2) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under state or federal law.

(c) “Enterprise” means any individual, sole proprietorship, corporation, business trust, union chartered under the laws of this state or other legal entity, or any unchartered union, association or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit enterprises and governmental, as well as other entities. In determining whether any unchartered union, association or group of individuals exists, factors which may be considered as evidence of association include, but are not limited to: (1) A common name or identifying sign, symbols or colors and (2) rules of behavior for individual members.

(d) “Person” includes any individual or entity, governmental, business or other, capable of holding a legal or beneficial interest in property.

(e) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar purposes, results, participants, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided the latter or last of such incidents occurred after October 1, 1982, and within five years after a prior incident of racketeering activity.

(f) “State's attorney” means the Chief State's Attorney, a deputy chief state's attorney, any state's attorney or any assistant state's attorney.

(g) “Property” includes any property, real or personal, or any interest therein or any beneficial interest of whatever kind.

Cited. 206 C. 421. A partnership qualifies as an enterprise under the category of other chartered legal entities; although defendant viewed relationship as a partnership, it constituted an unchartered enterprise, or association in fact, under Subsec. (c). 297 C. 66.
Conn. Gen. Stat. § 53a-128c — Connecticut Code / Title 53a / Chapter 952 / Section 53a-128c
Sec. 53a-128c. Payment card theft. Illegal transfer. Fraud. Forgery.
Status: in_force

(b) Any person who receives a payment card that such person knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession, custody or control thereof with intent to use it or to sell it or to transfer it to any person other than the issuer or the cardholder, is guilty of payment card theft and is subject to the penalties set forth in subsection (a) of section 53a-128i .

(c) Any person other than the issuer who sells a payment card or any person who buys a payment card from a person other than the issuer violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i .

(d) Any person who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, obtains control over a payment card as security for debt violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i .

(e) Any person, other than the issuer, who, during any twelve-month period, receives payment cards issued in the names of two or more persons which such person has reason to know were taken or retained under circumstances which constitute payment card theft or a violation of section 53a-128b or subsection (c) or (d) of this section violates this subsection and is subject to the penalties set forth in subsection (b) of section 53a-128i .

(f) Any person who, with intent to defraud a purported issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, falsely makes or falsely embosses a purported payment card or falsely loads or causes to be falsely loaded a payment card into a digital wallet or utters such a payment card is guilty of payment card forgery and is subject to the penalties set forth in subsection (b) of section 53a-128i . A person “falsely makes” a payment card when such person makes or draws, in whole or in part, a device or instrument which purports to be the payment card of a named issuer but which is not such a payment card because the issuer did not authorize the making or drawing, or when such person so alters a payment card which was validly issued. A person “falsely embosses” a payment card when, without the authorization of the named issuer, such person completes a payment card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the payment card before it can be used by a cardholder. A person “falsely loads” or “causes to be falsely loaded” a payment card into a digital wallet when such person stores or causes to be stored on a digital wallet the digital form of (1) a payment card falsely made or falsely embossed by such person, (2) a payment card taken, procured, received or retained by such person under circumstances that constitute a violation of this section or section 53a-128b , or (3) a payment card that such person knows is falsely made, falsely embossed, forged, expired or revoked.

(g) Any person other than the cardholder or any person authorized by the cardholder who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, signs a payment card, violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i .

Cited. 37 CS 527.
Conn. Gen. Stat. § 53a-100 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-100
Sec. 53a-100. Definitions.
Status: in_force

(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.

Cited. 191 C. 180; 195 C. 598; Id., 611; 209 C. 322; 210 C. 199; 216 C. 367.

Failure of court to define the phrase “enters unlawfully” misled jury. 6 CA 24. Cited. 30 CA 95; judgment reversed, see 228 C. 147; 35 CA 714; 39 CA 1; 44 CA 62.

Subsec. (a):

Cited. 188 C. 542, 218 C. 273; 240 C. 708; 242 C. 523.

Cited. 14 CA 119; 22 CA 440; 34 CA 823; 38 CA 231; 43 CA 488. Although it is true that the crime of burglary in the second degree requires the element of a “dwelling” as opposed to “building”, statute defines “dwelling” as a type of building “which is usually occupied by a person lodging therein at night, whether or not a person is actually present”; an individual apartment, within an apartment home, while a dwelling, also is a separate building. 76 CA 779. Subdiv. (1): Under the ordinary definition of a “building”, one's home is clearly a building. 78 CA 610. State does not need to furnish valid certificate of occupancy or prove specific ability to occupy if structure in question falls within ordinary meaning of building. 106 CA 295. Subdiv. (2): Evidence was sufficient to find that the breezeway constituted part of the family's “dwelling”. 125 CA 529. Subdiv. (1): Trial court properly determined that shed was a “building” for purposes of section. 151 CA 732. Subdiv. (1): Charges for home invasion, arising under Subsec., and burglary in the first degree, under Sec. 53a-101(a)(3), are susceptible to separation into parts, thus defendant's conviction of both offenses did not violate his constitutional protection against double jeopardy. 187 CA 847.

Subsec. (b):

Cited. 8 CA 528; 19 CA 179; 24 CA 563; 42 CA 507. Defendant's presence in an apartment that was not his own, his attempts to evade police and his flight were sufficient evidence from which jury could infer that he had entered apartment unlawfully. 66 CA 357. Restaurant was not open to the public at time defendant entered and management office was a separate area not open to public and defendant was not licensed or privileged to enter or remain in or upon premises. 74 CA 607.
Conn. Gen. Stat. § 53-202o — Connecticut Code / Title 53 / Chapter 943 / Section 53-202o
Sec. 53-202o. Affirmative defense in prosecution for possession of specified assault weapon.
Status: in_force

(b) In any such prosecution, if such defendant proves such affirmative defense by a preponderance of the evidence, the specified assault weapon shall be returned to such defendant upon such defendant notifying the Department of Emergency Services and Public Protection in accordance with subdivision (3) of subsection (b) and of subsection (c) of section 53-202n and obtaining a certificate of possession, provided such notification is made not later than October 1, 2003.
Conn. Gen. Stat. § 53a-168 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-168
Sec. 53a-168. Escape: Definitions.
Status: in_force

(1) “Correctional institution” means the facilities defined in section 1-1 and any other correctional facility established by the Commissioner of Correction.

(2) “Custody” means restraint by a public servant pursuant to an arrest or court order other than a Probate Court order directed against a person who is not in the custody of the Commissioner of Correction when such order is issued.

Cited. 240 C. 97.

Cited. 37 CA 276.
Conn. Gen. Stat. § 53a-125h — Connecticut Code / Title 53a / Chapter 952 / Section 53a-125h
Sec. 53a-125h. Telephone fraud in the sixth degree: Class C misdemeanor.
Status: in_force

(b) Telephone fraud in the sixth degree is a class C misdemeanor.
Conn. Gen. Stat. § 53a-179 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-179
Sec. 53a-179. Criminal advocacy: Class D felony.
Status: in_force

(b) Criminal advocacy is a class D felony.

Cited. 197 C. 436.
Conn. Gen. Stat. § 53a-156 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-156
Sec. 53a-156. Perjury: Class D felony.
Status: in_force

(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-192 .

(c) Perjury is a class D felony.

Cited. 175 C. 279; 189 C. 92; 193 C. 474; 200 C. 243. One-witness-plus-corroboration rule discussed. 204 C. 472.

Cited. 4 CA 359; 5 CA 552; 9 CA 686; 10 CA 605; 17 CA 395.
Conn. Gen. Stat. § 53a-192 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-192
Sec. 53a-192. Coercion: Class A misdemeanor or class D felony.
Status: in_force

(b) It shall be an affirmative defense to prosecution based on subdivision (2), (3) or (4) of subsection (a) of this section that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other person to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure or proposed official action, as by desisting from further misbehavior or making good a wrong done.

(c) Coercion is a class A misdemeanor except, if the threat is to commit a felony, coercion is a class D felony.

Cited. 240 C. 766.

Cited. 8 CA 351; 18 CA 694; 40 CA 1.
Conn. Gen. Stat. § 53a-185 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-185
Sec. 53a-185. Loitering on school grounds: Class C misdemeanor.
Status: in_force

(b) Loitering on school grounds is a class C misdemeanor.
Conn. Gen. Stat. § 53a-117e — Connecticut Code / Title 53a / Chapter 952 / Section 53a-117e
Sec. 53a-117e. Criminal damage of a landlord's property in the first degree: Class D felony.
Status: in_force

(b) For the purposes of this section, “tenant”, “landlord” and “premises” have the meanings provided in section 47a-1 .

(c) Nothing in this section shall preclude prosecution of a person under any other provision of the general statutes.

(d) Criminal damage of a landlord's property in the first degree is a class D felony.
Conn. Gen. Stat. § 53-395 — Connecticut Code / Title 53 / Chapter 949c / Section 53-395
Sec. 53-395. Prohibited activities.
Status: in_force

(b) It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to receive anything of value or to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.

(c) It is unlawful for any person employed by, or associated with, any enterprise to knowingly conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity or through the collection of an unlawful debt.

(d) Speech, conduct or association to the extent protected by article first of the Constitution of the state or the first amendment to the United States Constitution shall not be considered unlawful under this section.

Cited. 206 C. 421; 229 C. 479; 238 C. 692.

Cited. 28 CA 306; 43 CA 555.

Subsec. (b):

Subsec. requires proof of an enterprise; under Subsec., an unchartered association in fact enterprise does not require proof of an ascertainable structure separate from that inherent in the pattern of racketeering activity with which defendant is charged. 297 C. 66.

Subsec. (c):

Proof of two separate cocaine sales did not establish that defendant and his two confederates operated as a continuing unit pursuant to an overall scheme in which they depended on each other for the accomplishment of a common, mutually beneficial purpose. 156 CA 256; judgment affirmed in part, see 325 C. 272.
Conn. Gen. Stat. § 53a-216 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-216
Sec. 53a-216. Criminal use of firearm or electronic defense weapon: Class D felony.
Status: in_force

(b) Criminal use of a firearm or electronic defense weapon is a class D felony for which five years of the sentence imposed may not be suspended or reduced by the court.

Cited. 195 C. 651; 226 C. 497; 240 C. 743; 242 C. 143.

Cited. 24 CA 330. Judgment reversed where defendant convicted of violation of statute and Sec. 53a-134(a)(2). 85 CA 708.
Conn. Gen. Stat. § 53a-129b — Connecticut Code / Title 53a / Chapter 952 / Section 53a-129b
Sec. 53a-129b. Identity theft in the first degree: Class B felony.
Status: in_force

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

Conviction under this section and Secs. 53a-128d and 53a-129d for single course of conduct does not constitute double jeopardy. 119 CA 483.
Conn. Gen. Stat. § 53a-176 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-176
Sec. 53a-176. Riot in the second degree: Class B misdemeanor.
Status: in_force

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

Cited. 32 CA 224.
Conn. Gen. Stat. § 53a-11 — Connecticut Code / Title 53a / Chapter 951 / Section 53a-11
Sec. 53a-11. Criminal liability of individual for conduct in name of or on behalf of corporation or limited liability company.
Status: in_force

Cited. 209 C. 75; 242 C. 345.
Conn. Gen. Stat. § 53a-14 — Connecticut Code / Title 53a / Chapter 951 / Section 53a-14
Sec. 53a-14. Duress as defense.
Status: in_force

Defendant is entitled to a theory of defense instruction as matter of law when evidence under section is before jury. 178 C. 704. Duress as defense discussed. 184 C. 157. Instruction to jury that it was the state's burden to prove intent beyond a reasonable doubt did not adequately inform jury that it was the state's burden to disprove duress beyond a reasonable doubt. 199 C. 273. Cited. 201 C. 211; 204 C. 240; 209 C. 75. Trial court did not err in refusing to provide a jury instruction that would have allowed jury to factor defendant's age into his defense of duress, independent and regardless of how defendant's age relates to age of his coercers, so as to account for the differences in how adolescents evaluate risk; duress defense has both subjective and objective components; subjective component is that defendant actually must have been coerced into the criminal action; objective component requires that defendant have been coerced in circumstances under which a reasonable person in his situation would have been likewise unable to resist. 282 C. 281.

Cited. 15 CA 34; 26 CA 367; 46 CA 486. Court did not err in charging jury re statutory exception to defense of duress by failing to define the term “situation”; because “situation” is not defined in section, it is taken that the jury, as a matter of common knowledge, comprehends the term and, therefore, the trial court was not obligated to define it. 125 CA 125.

Cited. 34 CS 612.
Conn. Gen. Stat. § 53a-55a — Connecticut Code / Title 53a / Chapter 952 / Section 53a-55a
Sec. 53a-55a. Manslaughter in the first degree with a firearm: Class B felony: Five years not suspendable.
Status: in_force

(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.

Cited. 190 C. 639; 192 C. 85; 193 C. 695; 198 C. 77; Id., 454; 201 C. 174; 206 C. 346; 207 C. 412; 216 C. 699; 225 C. 559. In accordance with 95 CA 362, to establish accessorial liability under Sec. 53a-8 for violation of this section, state must prove that defendant, acting with intent to cause serious physical injury to another person, intentionally aided a principal offender in causing the death of such person or of a third person, and that the principal, in committing the act, used, carried or threatened to use a firearm. 300 C. 490.

Cited. 7 CA 223; 10 CA 357; 11 CA 425; 17 CA 97; 21 CA 801; 23 CA 502; 25 CA 734; 26 CA 259; 33 CA 116; 37 CA 722; 39 CA 224; Id., 242. Sec. 53a-54a(a) permits conviction under this section regardless of extreme emotional disturbance defense. 86 CA 784. When defendant is charged with violation of section as an accessory, state must prove that defendant intended to inflict serious physical injury and to aid the principal in doing so, but does not have to also prove that defendant intended the use, carrying or threatened use of the firearm. 95 CA 362.

Subsec. (a):

Court's instructions on intent as element of manslaughter unconstitutional since they could be interpreted as creating a conclusive or burden-shifting presumption. 180 C. 171. Cited. 195 C. 160; 199 C. 383; 203 C. 466; 216 C. 282.

Cited. 27 CA 263.
Conn. Gen. Stat. § 53a-41 — Connecticut Code / Title 53a / Chapter 952 / Section 53a-41
Sec. 53a-41. Fines for felonies.
Status: in_force

See Sec. 53a-35a re terms of imprisonment for felonies.

See Sec. 54-74 re remission of fine.

Cited. 231 C. 514.

Cited. 9 CA 686. Failure of trial court to inform defendant of amount of fine not plain error. 65 CA 234.