reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-35c. - Availability of sentence of life imprisonment without the possibility of release.

The sentence of life imprisonment without the possibility of release shall not be available as a sentence for an offense committed prior to October 1, 1985.
(P.A. 85-366, S. 4.)
Cited. 9 CA 686.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-36. - Imprisonment for misdemeanor. Definite sentence. Authorized term.

A sentence of imprisonment for a misdemeanor shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year; (2) for a class B misdemeanor, a term not to exceed six months; (3) for a class C misdemeanor, a term not to exceed three months; (4) for a class D misdemeanor, a term not to exceed thirty days; and (5) for an unclassified misdemeanor, a term in accordance with the sentence specified in the section of the general statutes that defines or provides the penalty for the crime.
(1969, P.A. 828, S. 36; 1971, P.A. 871, S. 14; P.A. 77-422, S. 6; P.A. 92-260, S. 16; P.A. 10-36, S. 19; P.A. 12-80, S. 2.)
History: 1971 act added exception re guilt under Sec. 53a-61(a)(3) in Subdiv. (1); P.A. 77-422 expanded exception to include guilt under Sec. 53a-61a; P.A. 92-260 amended Subdiv. (1) to consolidate statutory references and delete redundant language; P.A. 10-36 added “unless the section of the general statutes that defines the crime specifically provides otherwise” re specified terms of imprisonment and deleted in Subdiv. (1) “except that when a person is found guilty under section 53a-61(a)(3) or 53a-61a, the term shall be one year and such sentence shall not be suspended or reduced”, effective July 1, 2010; P.A. 12-80 added provision re section of the general statutes that provides the penalty for the crime, added new Subdiv. (4) re maximum term for class D misdemeanor, redesignated existing Subdiv. (4) as Subdiv. (5) and amended same to add provision re section of the general statutes that provides the penalty for the crime.
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.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-36a. - Imprisonment term for misdemeanor not to exceed three hundred sixty-four days.

(a) Notwithstanding any provision of the general statutes, any offense which constitutes a breach of any law of this state for which a person may be sentenced to a term of imprisonment of up to but not exceeding one year shall be punishable by imprisonment for a period not to exceed three hundred sixty-four days. A misdemeanor conviction for which a person was sentenced to a term of imprisonment of one year shall continue to be deemed a misdemeanor conviction after the maximum term of imprisonment is reduced pursuant to this section.
(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.
(P.A. 21-32, S. 35.)
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-37. - Multiple sentences: Concurrent or consecutive, minimum term.

When multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undischarged term of imprisonment imposed at a previous time by a court of this state is sentenced to an additional term of imprisonment, the sentence or sentences imposed by the court shall run either concurrently or consecutively with respect to each other and to the undischarged term or terms in such manner as the court directs at the time of sentence. The court shall state whether the respective maxima and minima shall run concurrently or consecutively with respect to each other, and shall state in conclusion the effective sentence imposed. When a person is sentenced for two or more counts each constituting a separate offense, the court may order that the term of imprisonment for the second and subsequent counts be for a fixed number of years each. The court in such cases shall not set any minimum term of imprisonment except under the first count, and the fixed number of years imposed for the second and subsequent counts shall be added to the maximum term imposed by the court on the first count.
(1969, P.A. 828, S. 37; P.A. 73-639, S. 4.)
History: P.A. 73-639 added provisions clarifying court's sentencing powers in cases where person is to be sentenced for two or more counts each of which constitutes a separate offense.
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.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-38. - Calculation of terms of imprisonment.

(a) An indeterminate sentence of imprisonment commences when the prisoner is received in the custody or institution to which he was sentenced.
(b) A definite sentence of imprisonment commences when the prisoner is received in the custody to which he was sentenced. Where a person is under more than one definite sentence, the sentences shall be calculated as follows: (1) If the sentences run concurrently, the terms merge in and are satisfied by discharge of the term which has the longest term to run; (2) if the sentences run consecutively, the terms are added to arrive at an aggregate term and are satisfied by discharge of such aggregate term.
(c) When a sentence of imprisonment that has been imposed on a person is vacated and a new sentence is imposed on such person for the same offense or for an offense based on the same act, the new sentence shall be calculated as if it had commenced at the time the vacated sentence commenced, and all time served under or credited against the vacated sentence shall be credited against the new sentence.
(d) When a person who is serving a sentence of imprisonment escapes, the escape shall interrupt the sentence and such interruption shall continue until the return of such person to the custody of the Commissioner of Correction.
(1969, P.A. 828, S. 38; P.A. 92-260, S. 17.)
History: P.A. 92-260 made a technical change in Subsec. (c).
Calculations of terms of imprisonment discussed. 185 C. 124. Cited. 230 C. 17.
Cited. 9 CA 686; 33 CA 205; 45 CA 566.
Cited. 40 CS 354.
Subsec. (b):
Cited. 209 C. 23; 217 C. 568; 228 C. 384. Where habeas corpus petitioner was convicted and sentenced on separate charges in April and September of same year, and the September sentence was to run concurrent to the April sentence, petitioner's September sentence began to run in September, because that is when he was “received in the custody to which he was sentenced”. 274 C. 563.
Cited. 34 CA 503.
Subsec. (c):
Cited. 202 C. 343; 215 C. 695; 216 C. 220. Fundamental purpose is to afford inmate credit toward current sentence for time that he was confined as direct result of his initial trial on same charges and therefore petitioner entitled to credit toward his prison sentence for time that he was confined in mental health facility. 258 C. 394.
Cited. 30 CA 190; 39 CA 455. Proper method for calculating terms of imprisonment discussed. 90 CA 460.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-39b. - Special alternative incarceration program for young male defendants.

Section 53a-39b is repealed, effective October 1, 2003.
(P.A. 89-390, S. 18, 37; P.A. 90-230, S. 75, 101; 90-261, S. 10, 19; June Sp. Sess. P.A. 91-9, S. 5, 10; P.A. 03-48, S. 2.)
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-39d. - Pilot zero-tolerance drug supervision program.

Section 53a-39d is repealed, effective October 1, 2010.
(P.A. 98-145, S. 3, 4; P.A. 99-187, S. 3; P.A. 02-89, S. 83; P.A. 10-43, S. 43.)
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-40a. - Persistent offenders of crimes involving bigotry or bias. Authorized sentences.

(a) A persistent offender of crimes involving bigotry or bias is a person who (1) stands convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, and (2) has been, prior to the commission of the present crime, convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l or section 53a-181b in effect prior to October 1, 2000.
(b) When any person has been found to be a persistent offender of crimes involving bigotry or bias, the court shall: (1) In lieu of imposing the sentence authorized for the crime under section 53a-35a if the crime is a felony, impose the sentence of imprisonment authorized by said section for the next more serious degree of felony, or (2) in lieu of imposing the sentence authorized for the crime under section 53a-36 if the crime is a misdemeanor, impose the sentence of imprisonment authorized by said section for the next more serious degree of misdemeanor, except that if the crime is a class A misdemeanor the court shall impose the sentence of imprisonment for a class D felony as authorized by section 53a-35a.
(P.A. 90-137, S. 2; P.A. 00-72, S. 10; Jan. Sp. Sess. P.A. 08-1, S. 8.)
History: P.A. 00-72 amended Subsec. (a) to replace reference in Subdiv. (1) to “subsection (a) or (c) of section 53a-181b” with reference to Sec. “53a-181j, 53a-181k or 53a-181
l
” and to replace reference in Subdiv. (2) to “subsection (a) or (c) of section 53a-181b” with reference to “section 53a-181j, 53a-181k or 53a-181
l
or section 53a-181b in effect prior to October 1, 2000” and amended Subsec. (b) to make technical changes for purposes of gender neutrality; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to delete requirement for imposition of enhanced sentence that “the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that an increased penalty will best serve the public interest”, effective January 25, 2008.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-40b. - Additional term of imprisonment authorized for offense committed while on release.

A person convicted of an offense committed while released pursuant to sections 54-63a to 54-63g, inclusive, or sections 54-64a to 54-64c, inclusive, other than a violation of section 53a-222 or 53a-222a, may be sentenced, in addition to the sentence prescribed for the offense to (1) a term of imprisonment of not more than ten years if the offense is a felony, or (2) a term of imprisonment of not more than one year if the offense is a misdemeanor.
(P.A. 90-213, S. 54; P.A. 98-90, S. 2; P.A. 10-36, S. 21.)
History: P.A. 98-90 excepted convictions under Sec. 53a-222 from provisions of section; P.A. 10-36 excepted convictions under Sec. 53a-222a from provisions of section, effective July 1, 2010.
Question of whether defendant was on release at time of the offense for which he was convicted and therefore subject to enhanced penalty was not reasonably in dispute, was conceded as fact by defendant, and did not require a jury determination. 280 C. 69. Although the state may not use the erased records to prove the basis for the sentence enhancement, the erasure provisions of Sec. 54-142a do not prohibit the imposition of a sentence enhancement pursuant to this section after the records pertaining to the charges for which defendant was on pretrial release have been erased. 319 C. 494.
Jury hearing not constitutionally required for enhanced sentence based on prior conviction; enhanced penalty provisions do apply to defendant who committed second crime while released on written promise to appear. 62 CA 34. Trial court lacked jurisdiction to consider defendant's claim that sentencing court failed to articulate any reason for enhancing his sentence. 93 CA 61.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-40c. - Psychological counseling required for person convicted of sexual assault of a minor.

Any person convicted of a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a where the victim of the sexual assault was a person ten years of age or under shall, in addition to any fine or term of imprisonment imposed, be sentenced to undergo psychological counseling.
(P.A. 93-340, S. 15.)
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-40f. - Persistent operating while under the influence felony offender. Authorized sentences.

(a) A persistent operating while under the influence felony offender is a person who (1) stands convicted of a violation of section 53a-56b or 53a-60d and (2) has, prior to the commission of the present crime and within the preceding ten years, been convicted of a violation of section 53a-56b, 53a-60d, 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n or been convicted in any other state of an offense the essential elements of which are substantially the same as section 53a-56b, 53a-60d, 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n.
(b) When any person has been found to be a persistent operating while under the influence felony offender, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.
(P.A. 97-291, S. 1; Jan. Sp. Sess. P.A. 08-1, S. 10; P.A. 16-126, S. 30.)
History: Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to delete requirement for imposition of enhanced sentence that “the court is of the opinion that his history and character and the nature and circumstances of his criminal conduct indicate that extended incarceration will best serve the public interest”, effective January 25, 2008; P.A. 16-126 amended Subsec. (a) by replacing references to Sec. 14-227a(a) with references to Sec. 14-227a and by adding references to Secs. 14-227m and 14-227n(a)(1) and (2).
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-41. - Fines for felonies.

A fine for the conviction of a felony shall, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, be fixed by the court as follows: (1) For a class A felony, an amount not to exceed twenty thousand dollars; (2) for a class B felony, an amount not to exceed fifteen thousand dollars; (3) for a class C felony, an amount not to exceed ten thousand dollars; (4) for a class D felony, an amount not to exceed five thousand dollars; (5) for a class E felony, an amount not to exceed three thousand five hundred dollars; and (6) for an unclassified felony, an amount in accordance with the fine specified in the section of the general statutes that defines or provides the penalty for the crime.
(1969, P.A. 828, S. 41; P.A. 92-256, S. 1; 92-260, S. 19; May Sp. Sess. P.A. 92-11, S. 50, 70; P.A. 13-258, S. 3.)
History: P.A. 92-256 increased the maximum fine for a class A felony from $10,000 to 20,000, for a class B felony from $10,000 to $15,000, and for a class C felony from $5,000 to $10,000; P.A. 92-260 amended Subdiv. (3) to replace “law” with “section of the general statutes”; May Sp. Sess. P.A. 92-11 changed effective date of P.A. 92-256 but did not affect the date applicable to this section; P.A. 13-258 added “unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise”, added new Subdiv. (5) re maximum fine for a class E felony, and redesignated existing Subdiv. (5) as Subdiv. (6) and amended same to add provision re section of general statutes that provides the penalty for the crime.
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.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-42. - Fines for misdemeanors.

A fine for the conviction of a misdemeanor shall, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, be fixed by the court as follows: (1) For a class A misdemeanor, an amount not to exceed two thousand dollars; (2) for a class B misdemeanor, an amount not to exceed one thousand dollars; (3) for a class C misdemeanor, an amount not to exceed five hundred dollars; (4) for a class D misdemeanor, an amount not to exceed two hundred fifty dollars; and (5) for an unclassified misdemeanor, an amount in accordance with the fine specified in the section of the general statutes that defines or provides the penalty for the crime.
(1969, P.A. 828, S. 42; P.A. 92-256, S. 2; 92-260, S. 20; May Sp. Sess. P.A. 92-11, S. 50, 70; P.A. 12-80, S. 3.)
History: P.A. 92-256 increased the maximum fine for a class A misdemeanor from $1,000 to $2,000; P.A. 92-260 replaced “law” with “section of the general statutes”; May Sp. Sess. P.A. 92-11 changed effective date of P.A. 92-256 but did not affect the date applicable to this section; P.A. 12-80 added “unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise”, added new Subdiv. (4) re maximum fine for class D misdemeanor, redesignated existing Subdiv. (4) as Subdiv. (5) and amended same to add provision re section of general statutes that provides the penalty for the crime.
See Sec. 53a-36 re terms of imprisonment for misdemeanors.
See Sec. 54-74 re remission of fine.
Cited. 178 C. 145; 180 C. 557; 217 C. 73.
Cited. 8 CA 607; 9 CA 686; 32 CA 656; judgment reversed in part, see 232 C. 345.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-43. - Fines for violations.

A fine for a violation shall be fixed by the court in an amount not to exceed five hundred dollars. In the case of a violation defined in any other section of the general statutes, if the amount of the fine is expressly specified in the section that defines the offense, the amount of the fine shall be fixed in accordance with such section.
(1969, P.A. 828, S. 43.)
Cited. 9 CA 686.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-44. - Alternative fine based on defendant's gain.

If a person has gained money or property through the commission of any felony, misdemeanor or violation, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under section 53a-41, 53a-42 or 53a-43, may sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of the offense. In such case the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For purposes of this section, the term “gain” means the amount of money or the value of property derived.
(1969, P.A. 828, S. 44; P.A. 92-260, S. 21.)
History: P.A. 92-260 made technical changes in punctuation.
Cited. 231 C. 514.
Cited. 9 CA 686.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-44a. - Surcharge on fine for criminal trespass or criminal mischief on public land.

Whenever any person is convicted of a violation of subdivision (4) of subsection (a) of section 53a-107, subdivision (2) of subsection (a) of section 53a-108, subdivision (3) of subsection (a) of section 53a-109, subdivision (5) of subsection (a) of section 53a-115, subdivision (3) of subsection (a) of section 53a-116, subdivision (3) or (4) of subsection (a) of section 53a-117 or subdivision (3) or (4) of subsection (a) of section 53a-117a, the court, in addition to imposing any fine authorized by section 53a-41 or 53a-42 for such violation, shall impose a surcharge in an amount equal to fifty per cent of such fine. Any such surcharge collected shall be payable to the municipality in which the arrest was made unless the arresting law enforcement authority was a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Energy and Environmental Protection under authority of section 26-5, in which case such surcharge shall be payable to the Department of Energy and Environmental Protection.
(P.A. 05-234, S. 9; P.A. 11-80, S. 1.)
History: P.A. 05-234 effective January 1, 2006; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-46. - Sentencing proceedings; appeal.

Section 53a-46 is repealed.
(1969, P.A. 828, S. 46; 1972, P.A. 56, S. 1; P.A. 73-137, S. 15.)
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-46c. - Applicability of death penalty provisions in effect on and after October 1, 1980.

The provisions of sections 53a-46a and 53a-46b in effect on and after October 1, 1980, shall be applicable to any person who is convicted of or pleads guilty to a capital felony under subdivisions (1) to (6), inclusive, of section 53a-54b on or after June 13, 1983.
(P.A. 83-327, S. 1, 2; P.A. 92-260, S. 24.)
History: P.A. 92-260 replaced “on October 1, 1980” with “on and after October 1, 1980”.
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.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-46d. - Victim impact statement read in court prior to imposition of sentence for crime punishable by death or life imprisonment without possibility of release.

A victim impact statement prepared with the assistance of a victim advocate in accordance with subdivision (2) of subsection (a) of section 54-220 may be read in court prior to imposition of sentence upon a defendant found guilty of a crime punishable by death or life imprisonment without the possibility of release.
(P.A. 00-200, S. 6; P.A. 03-179, S. 2; 03-278, S. 104; P.A. 12-5, S. 21; P.A. 17-99, S. 40.)
History: P.A. 03-179 replaced “prepared by” with “prepared with the assistance of” and made a technical change; P.A. 03-278 made a technical change, effective July 9, 2003; P.A. 12-5 added provision re crime punishable by life imprisonment without possibility of release, effective April 25, 2012; P.A. 17-99 deleted “to be placed in court files”.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-47. - Disposition of person found not guilty by reason of mental disease or defect. Confinement and examination. Release.

Section 53a-47 is repealed.
(1969, P.A. 828, S. 47; P.A. 75-476, S. 5, 6; P.A. 78-280, S. 1, 2, 115, 127; P.A. 81-301, S. 2; P.A. 83-486, S. 2; P.A. 85-506, S. 31, 32.)
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-50. - Effect of motivation on renunciation.

For purposes of this part, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct or to transfer the criminal effort to another but similar objective or victim.
(1969, P.A. 828, S. 51.)
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.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-51. - Classification of attempt and conspiracy.

Attempt and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or is an object of the conspiracy, except that an attempt or conspiracy to commit a class A felony is a class B felony.
(1969, P.A. 828, S. 52.)
Cited. 182 C. 595; 184 C. 369; 195 C. 183; 202 C. 520; 204 C. 630; 211 C. 18; 213 C. 708; 235 C. 502. Defendant guilty of conspiracy to commit robbery in the first degree is subject to the minimum nonsuspendable sentence in Sec. 53a-134(b). 264 C. 593.
Cited. 8 CA 545; 10 CA 447; 21 CA 299; 22 CA 567; 29 CA 843; 33 CA 253; 36 CA 190. Legislature clearly intended attempt and conspiracy to commit a class B felony to be punished the same as a class B felony or it would have noted otherwise, as it did with class A felonies. 118 CA 35.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-53 and 53a-54. - Homicide defined. Murder defined; affirmative defenses; evidence of mental condition; classification.

Sections 53a-53 and 53a-54 are repealed.
(1969, P.A. 828, S. 54, 55; 1971, P.A. 871, S. 129; P.A. 73-137, S. 15.)
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-54d. - Arson murder.

A person is guilty of murder when, acting either alone or with one or more persons, he commits arson and, in the course of such arson, causes the death of a person. Notwithstanding any other provision of the general statutes, any person convicted of murder under this section who was eighteen years of age or older at the time of the offense shall be punished by life imprisonment and shall not be eligible for parole.
(P.A. 79-570, S. 1; P.A. 15-84, S. 8.)
History: P.A. 15-84 added provision re person 18 years of age or older at time of offense, effective October 1, 2015, and applicable to any person convicted prior to, on or after that date.
Cited. 191 C. 636. Does not violate defendant's right to due process and equal protection. 196 C. 655. Cited. Id., 667. When two or more persons are the victims of a single episode, there are as many offenses as there are victims. 198 C. 92. Cited. 204 C. 377; 210 C. 22; Id., 519; 211 C. 258; Id., 289; 213 C. 161; 214 C. 378; 216 C. 699; 237 C. 694; 238 C. 828; 240 C. 727; 241 C. 702.
Cited. 41 CA 476.
Cited. 42 CS 426.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-54e. - Construction of statutes re capital felony committed prior to April 25, 2012.

The provisions of subsection (t) of section 1-1 and section 54-194 shall apply and be given full force and effect with respect to a capital felony committed prior to April 25, 2012, under the provisions of section 53a-54b in effect prior to April 25, 2012.
(P.A. 12-5, S. 38.)
History: P.A. 12-5 effective April 25, 2012.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-55a. - Manslaughter in the first degree with a firearm: Class B felony: Five years not suspendable.

(a) A person is guilty of manslaughter in the first degree with a firearm when he commits manslaughter in the first degree as provided in section 53a-55, and in the commission of such offense he uses, or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, machine gun, rifle or other firearm. No person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Manslaughter in the first degree with a firearm is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with subdivision (5) of section 53a-35a of which five years of the sentence imposed may not be suspended or reduced by the court.
(P.A. 75-380, S. 3; July Sp. Sess. P.A. 94-2, S. 1; P.A. 07-143, S. 13.)
History: July Sp. Sess. P.A. 94-2 amended Subsec. (b) to add provision that any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with Sec. 53a-35a(4) and increase the nonsuspendable sentence from one year to five years; P.A. 07-143 amended Subsec. (b) to make a technical change, effective July 1, 2007.
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.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-56. - Manslaughter in the second degree: Class C felony.

(a) A person is guilty of manslaughter in the second degree when: (1) He recklessly causes the death of another person; or (2) he intentionally causes or aids another person, other than by force, duress or deception, to commit suicide.
(b) Manslaughter in the second degree is a class C felony.
(1969, P.A. 828, S. 57.)
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.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-56a. - Manslaughter in the second degree with a firearm: Class C felony: One year not suspendable.

(a) A person is guilty of manslaughter in the second degree with a firearm when he commits manslaughter in the second degree as provided in section 53a-56, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm. No person shall be found guilty of manslaughter in the second degree and manslaughter in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Manslaughter in the second degree with a firearm is a class C felony for which one year of the sentence imposed may not be suspended or reduced by the court.
(P.A. 75-380, S. 4.)
Cited. 199 C. 631; 201 C. 174; 207 C. 191; Id., 412; 216 C. 282; Id., 699; 227 C. 456; 228 C. 281.
Cited. 10 CA 697.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-56b. - Manslaughter in the second degree with a motor vehicle: Class C felony.

(a) A person is guilty of manslaughter in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug.
(b) Manslaughter in the second degree with a motor vehicle is a class C felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.
(P.A. 82-403, S. 1; P.A. 83-534, S. 8; P.A. 85-147, S. 1; P.A. 08-150, S. 59.)
History: P.A. 83-534 amended Subsec. (b) to require the court to suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty for one year; P.A. 85-147 deleted “while intoxicated” from the title of the offense and a provision that defined “intoxication” to include intoxication by alcohol or by drug or both, and replaced elements of offense of “when, in consequence of his intoxication while operating a motor vehicle, he causes the death of another person” with “when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug”; P.A. 08-150 amended Subsec. (b) to require court to order a person found guilty not to operate any motor vehicle that is not equipped with an approved ignition interlock device for a period of two years after restoration of such person's operator's license or nonresident operating privilege.
See Sec. 14-111g re motor vehicle operator's retraining program.
See Sec. 14-227o re discount for ignition interlock device services.
Cited. 193 C. 632; 213 C. 74; 216 C. 699; 219 C. 752; 229 C. 228. There is no language in section to indicate expressly that legislature intended that a person convicted of second degree manslaughter with a motor vehicle could not also be convicted of first degree manslaughter. 263 C. 390.
Cited. 5 CA 378; 9 CA 686; 11 CA 122; 12 CA 129; Id., 294; 16 CA 358; 18 CA 223; 21 CA 138; 22 CA 108; 23 CA 215; Id., 720; 29 CA 825; 34 CA 557; Id., 655; 36 CA 710; 40 CA 359.
Subsec. (a):
Sec. 53a-57 not a lesser included offense. 11 CA 473. Cited. 20 CA 495. Conviction under Subsec. and for manslaughter in second degree under Sec. 53a-56(a)(1) for the death of one person does not constitute double jeopardy. 111 CA 466.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-57. - Misconduct with a motor vehicle: Class D felony.

(a) A person is guilty of misconduct with a motor vehicle when, with criminal negligence in the operation of a motor vehicle, he causes the death of another person.
(b) Misconduct with a motor vehicle is a class D felony.
(1969, P.A. 828, S. 58; P.A. 76-16; P.A. 82-403, S. 3.)
History: P.A. 76-16 defined “intoxication” for purposes of section; P.A. 82-403 amended Subsec. (a) by deleting the provision that a person is guilty of misconduct with a motor vehicle when he causes the death of another person “in consequence of his intoxication while operating a motor vehicle” and by deleting the definition of “intoxication”.
See Sec. 14-111g re motor vehicle operator's retraining program.
Cited. 174 C. 112; Id., 118; 176 C. 445; Id., 451; 188 C. 620; 202 C. 629; 207 C. 336; 216 C. 699; 222 C. 444; 229 C. 228.
Cited. 3 CA 137. Violation of Sec. 14-222a, negligent homicide with a motor vehicle, is a lesser included offense of misconduct with a motor vehicle. 9 CA 686. Not a lesser included offense of Sec. 53a-56b(a). 11 CA 473. Cited. 15 CA 392; 16 CA 497; 21 CA 138; 22 CA 108; 23 CA 720; 28 CA 283; 29 CA 825; 30 CA 428; 34 CA 655. Conviction upheld where defendant became aware that his ability to operate a motor vehicle was impaired, yet continued to operate the motor vehicle. 64 CA 631.
Cited. 35 CS 519; 36 CS 527.
Subsec. (a):
Cited. 20 CA 495. This Subsec. and Sec. 14-223(b) contain multiple elements that are dissimilar, and the clear language of the statutes themselves is sufficient for conclusion that they do not impose two punishments for the same act. 84 CA 351. The mental state elements in the two provisions - failing to perceive a substantial and unjustifiable risk that your manner of operation would cause death under Subsec. and an intent to cause serious physical injury under Sec. 53a-55(a)(1) - do not relate to the same result; the mental state element under Sec. 53a-55(a)(3) and under Subsec. is mutually exclusive and relate to the same result, thus guilty verdicts as to the crimes of reckless manslaughter and criminally negligent operation were legally inconsistent. 191 CA 33; judgment reverse in part, see 342 C. 538.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-58. - Criminally negligent homicide: Class A misdemeanor.

(a) A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person, except where the defendant caused such death by a motor vehicle.
(b) Criminally negligent homicide is a class A misdemeanor.
(1969, P.A. 828, S. 59.)
Cited. 174 C. 89. Criminally negligent homicide is a lesser included offense of murder although the state of mind required is different. 180 C. 382. Cited. 181 C. 406; 185 C. 63; 187 C. 6; 195 C. 232; 201 C. 174; 202 C. 520; Id., 629; 204 C. 410; Id., 429; 212 C. 593; 213 C. 579; 214 C. 57; 216 C. 699; 223 C. 273; 226 C. 237; 227 C. 456; 228 C. 118, 127. Trial court improperly refused to instruct jury on this lesser included offense; judgment of Appellate Court in 30 CA 95 reversed. Id., 147. Cited. Id., 281; 231 C. 115; 238 C. 253.
Cited. 17 CA 502; judgment reversed, see 213 C. 579; 24 CA 586; 26 CA 448; 28 CA 388; Id., 771; 30 CA 95; judgment reversed, see 228 C. 147; Id., 232; 32 CA 687; 34 CA 368, see also 233 C. 517; 35 CA 438. Defendant's diminished mental capacity did not prevent her from forming the mental state associated with criminally negligent homicide since the standard is that of the reasonably prudent person. 131 CA 65; judgment affirmed, see 308 C. 835.
Cited. 40 CS 498.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-59b. - Assault of an employee of the Department of Correction in the first degree: Class B felony.

(a) A person is guilty of assault of an employee of the Department of Correction in the first degree when he is in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction and commits assault in the first degree under section 53a-59 and the victim of such assault is an employee of the Department of Correction acting in the performance of his duties.
(b) No person shall be found guilty of assault in the first degree and assault of an employee of the Department of Correction in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.
(c) Assault of an employee of the Department of Correction in the first degree is a class B felony. If any person is sentenced to a term of imprisonment for a violation of this section which occurred while such person was confined in an institution or facility of the Department of Correction, such term of imprisonment shall run consecutively to the term for which the person was serving at the time of the assault.
(P.A. 93-246, S. 2.)
See Sec. 53a-167c re assault of an employee of the Department of Correction, employee or member of the Board of Pardons and Paroles or probation officer.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-59c. - Assault of a pregnant woman resulting in termination of pregnancy: Class A felony.

(a) A person is guilty of assault of a pregnant woman resulting in termination of pregnancy when such person commits assault in the first degree as provided under subdivision (1) of subsection (a) of section 53a-59 and (1) the victim of such assault is pregnant, and (2) such assault results in the termination of pregnancy that does not result in a live birth.
(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know that the victim was pregnant.
(c) Assault of a pregnant woman resulting in termination of pregnancy is a class A felony.
(P.A. 03-21, S. 1.)
Only logical explanation for legislative decision to limit scope of section to fetuses that are not born alive is that legislature was well aware of the applicability of the born alive rule to infants who suffer injuries in utero but who are born alive and then die from those injuries; enactment of section reflects decision of legislature to reaffirm the applicability of the born alive rule rather than to abrogate it. 296 C. 622.
2023 Connecticut General Statutes › Title 53a - Penal Code › Chapter 952 - Penal Code: Offenses › Section 53a-60a. - Assault in the second degree with a firearm: Class D or C felony: One year not suspendable.

(a) A person is guilty of assault in the second degree with a firearm when he commits assault in the second degree as provided in section 53a-60, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be found guilty of assault in the second degree and assault in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Assault in the second degree with a firearm is (1) a class D felony, or (2) if the offense resulted in serious physical injury, a class C felony, for which, in either case under subdivision (1) or subdivision (2) of this subsection, one year of the sentence imposed may not be suspended or reduced by the court.
(P.A. 75-380, S. 5; P.A. 19-132, S. 4.)
History: P.A. 19-132 amended Subsec. (b) by designating existing provision re class D felony penalty as Subdiv. (1), adding Subdiv. (2) re class C felony penalty, and making a conforming change.
Cited. 198 C. 424; 200 C. 642; 201 C. 368; 207 C. 412; 216 C. 282.
Cited. 2 CA 617; 5 CA 590; 9 CA 648; 23 CA 502; 45 CA 591.