2005 Connecticut Code - Sec. 53a-126b. Criminal trover in the second degree: Class A misdemeanor.

      Sec. 53a-126b. Criminal trover in the second degree: Class A misdemeanor. (a) A person is guilty of criminal trover in the second degree when, knowing that he is not licensed or privileged to do so, he uses the personal property of another without the consent of such owner, and such use results in damage to or diminishes the value of such property or subjects such owner to economic loss, fine or other penalty.

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

      (P.A. 94-114, S. 2.)

      Sec. 53a-127. Diversion from state of benefit of labor of employees: Class A misdemeanor. (a) A person is guilty of diversion from the state of benefit of labor of employees when he fraudulently procures for himself or another, from any employee of the state or any department thereof, the benefit of any labor which the state or any department thereof is entitled to receive from such employee during his hours of employment or fraudulently aids or assists in procuring or attempting to procure the benefit of any such labor.

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

      (1969, P.A. 828, S. 129; P.A. 92-260, S. 53.)

      History: P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language.

      Subsec. (a):

      Cited. 194 C. 223.

      Sec. 53a-127a. Unlawful entry into coin machine; possession of key to enter: Class A misdemeanor. (a) No person shall, with intent to commit larceny: (1) Enter, or force an entrance into, alter or insert any part of an instrument into any coin machine, as defined in section 53a-143; or (2) knowingly possess a key or device, or a drawing, print or mold thereof, adapted and designed to open or break into any such coin machine.

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

      (1971, P.A. 753; P.A. 84-546, S. 126, 173; P.A. 92-260, S. 54.)

      History: P.A. 84-546 made technical grammar change in Subsec. (a); P.A. 92-260 made a technical change in Subsec. (a).

      Sec. 53a-127b. Fraudulent use of an automated teller machine: Class C misdemeanor. (a) A person is guilty of fraudulent use of an automated teller machine when, with intent to deprive another of property or to appropriate the same to himself or herself or a third person, such person knowingly uses in a fraudulent manner an automated teller machine for the purpose of obtaining property. For the purposes of this section, "automated teller machine" means an unmanned device at which banking transactions including, without limitation, deposits, withdrawals, advances, payments and transfers may be conducted, and includes, without limitation, a satellite device and point of sale terminal as defined in section 36a-2.

      (b) In any prosecution under this section, the crime shall be deemed to have been committed in the town in which the automated teller machine was located.

      (c) Fraudulent use of an automated teller machine is a class C misdemeanor.

      (P.A. 83-417, S. 2; P.A. 84-301, S. 2; P.A. 03-278, S. 106.)

      History: P.A. 84-301 replaced "automatic" with "automated" and added definition of "automated teller machine"; P.A. 03-278 made technical changes in Subsec. (a), effective July 9, 2003.

      See Sec. 54-1d(b) re consolidation of offenses.

      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. (a) A person is guilty of theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain when he: (1) Engages in the business for profit or economic gain of tampering or making connection with the equipment of a supplier of an electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service which is not metered or otherwise measured, in whole or in part, without the consent of such supplier, for the purpose of supplying such service on one or more occasions to two or more households, or (2) engages in the business for profit or economic gain of offering for sale to any person other than the supplier of an electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service which is not metered or otherwise measured, in whole or in part, any decoder, descrambler or other device, the principal function of which defeats the electronic signal encryption jamming or individually addressed switching imposed by such supplier for the purpose of restricting the delivery of such service to persons who pay for such service, or (3) without the consent of the supplier of such service and with intent to defraud such supplier, engages in the business for profit or economic gain of connecting or disconnecting the meters, pipes, cables, conduits, conductors or attachments of such supplier or in any other manner tampers or connects with such meters, pipes, cables, conduits, conductors or attachments. There shall be a rebuttable presumption that a person is engaged in the business for profit or economic gain of offering for sale a decoder, descrambler or other device, equipment or component in violation of subdivision (2) of this subsection if such person has five or more decoders, descramblers or other devices in his possession or under his control.

      (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.

      (P.A. 84-496; P.A. 89-281, S. 2; P.A. 94-215, S. 1; P.A. 95-246, S. 2.)

      History: P.A. 89-281 added theft of cable service and made provisions applicable to one engaging in business for economic gain in Subsecs. (a) and (b); P.A. 94-215 substituted "electric, gas, water, steam" for "utility" where appearing and amended Subsec. (a) to add "or other device" in Subdiv. (2), add Subdiv. (3) re connecting, disconnecting or tampering with the meters, pipes, cables, conduits, conductors or attachments of a supplier without the consent of such supplier and with intent to defraud such supplier, and add provision making it a rebuttable presumption that a person is engaged in the business for profit or economic gain of offering for sale a decoder, descrambler or other device if he has five or more decoders, descramblers or other devices in his possession or under his control; P.A. 95-246 included theft of "telecommunications" and "wireless radio communications" service and added "equipment or component" in provision re a rebuttable presumption.

      See Sec. 52-570f re civil action and relief authorized for theft of service.

      Sec. 53a-127d. Cheating: Class D felony or class B misdemeanor. (a) A person is guilty of cheating when, in the course of playing or conducting any lawful gambling game, he: (1) Knowingly uses an altered or counterfeit chip, token, tile, pull tab, wagering slip or check or knowingly marks, loads or tampers with any cards or dice or substitutes for cards or dice provided by the operator of a lawfully operated game of chance any cards or dice that have been marked, loaded or tampered with; or (2) knowingly uses any device, instrument, article or substance with intent to cheat or defraud or to alter or affect the otherwise random results of any lawfully operated game of chance; or (3) intentionally places, increases or attempts to increase a winning wager or decreases or attempts to decrease a losing wager after that period of time during which the rules of a lawfully operated game of chance permit a wager to be placed or after the results of the game in which the wager has been placed become known.

      (b) Cheating is a class D felony, except that a violation of subdivision (3) of subsection (a) of this section is a class B misdemeanor.

      (P.A. 98-193, S. 1.)

      Sec. 53a-127e. Possession of a cheating device: Class D felony. (a) A person is guilty of possession of a cheating device when, while on premises where lawful gambling is to be conducted, such person knowingly possesses or has under such person's control: (1) Any altered or counterfeit chip, token, tile, pull tab, wagering slip or check or any cards or dice that have been marked, loaded or tampered with; or (2) any device, instrument or other thing adapted, designed or commonly used to facilitate the alteration of the normal play or operation of a piece of gaming equipment or to facilitate the unauthorized removal of any money or other contents from any gaming equipment; or (3) any other device, instrument or thing which, under the circumstances in which it is used or possessed, manifests an intent that it be used by the actor or another person to alter the normal play or operation of a lawfully operated game of chance or to commit cheating as provided in section 53a-127d or larceny as provided in section 53a-119.

      (b) Possession of a cheating device is a class D felony.

      (P.A. 98-193, S. 2; P.A. 01-84, S. 7, 26.)

      History: P.A. 01-84 amended Subsec. (a) to make technical changes for purposes of gender neutrality and replace in Subdiv. (2) "adopted" with "adapted", effective July 1, 2001.

      Sec. 53a-127f. Possession of a shoplifting device: Class A misdemeanor. (a) A person is guilty of possession of a shoplifting device when such person has in such person's possession any device, instrument or other thing specifically designed or adapted to advance or facilitate the offense of larceny by shoplifting, as defined in subdivision (9) of section 53a-119, by defeating any antitheft or inventory control device, under circumstances manifesting an intent to use the same in the commission of larceny by shoplifting.

      (b) Possession of a shoplifting device is a class A misdemeanor.

      (P.A. 00-9.)

      Sec. 53a-128. Issuing a bad check. Penalties. (a) A person is guilty of issuing a bad check when: (1) As a drawer or representative drawer, he issues a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (A) he intends or believes at the time of issuance that payment will be refused by the drawee upon presentation, and (B) payment is refused by the drawee upon presentation; or (2) he passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (A) he intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and (B) payment is refused by the drawee upon presentation.

      (b) For the purposes of this section, an issuer is presumed to know that the check or order, other than a postdated check or order, would not be paid, if: (1) The issuer had no account with the drawee at the time the check or order was issued; or (2) payment was refused by the drawee for insufficient funds upon presentation within thirty days after issue and the issuer failed to make good within eight days after receiving notice of such refusal. For the purposes of this subsection, an issuer is presumed to have received notice of such refusal if the drawee or payee provides proof of mailing such notice by certified mail, return receipt requested, to the issuer at his last known address.

      (c) Issuing a bad check is: (1) A class D felony if the amount of the check was more than one thousand dollars; (2) a class A misdemeanor if the amount of the check was more than five hundred dollars but not more than one thousand dollars; (3) a class B misdemeanor if the amount of the check was more than two hundred fifty dollars but not more than five hundred dollars; or (4) a class C misdemeanor if the amount of the check was two hundred fifty dollars or less.

      (1969, P.A. 828, S. 130; 1971, P.A. 871, S. 28; P.A. 80-109; P.A. 81-225; P.A. 83-137.)

      History: 1971 act removed former Subsec. (a) containing applicable definitions, but see Sec. 53a-118(a); P.A. 80-109 amended Subsec. (b) to add provision re presumption that issuer has received notice of drawee's refusal to pay; P.A. 81-225 included proof of mailing by payee as acceptable in presuming that issuer has received notice; P.A. 83-137 amended Subsec. (c) to reclassify the offense from a class A misdemeanor to a class D felony or a class A, B or C misdemeanor depending upon the amount of the check.

      Cited. 202 C. 443, 444.

      Cited. 20 CA 811.

      Cited. 34 CS 584. Ability of court to order personal restitution in amount of bad corporate check when there is no finding as to the ability of the defendant to pay or as to the extent of his gain. Restitution properly ordered against individual defendant issuer of bad corporate check. 35 CS 536-538, 540.

      Sec. 53a-128a. Credit card crimes. Definitions. As used in this section and sections 53a-128b to 53a-128i, inclusive:

      (a) "Cardholder" or "holder of a card" means the person named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer;

      (b) "Credit card" means any instrument or device, whether known as a credit card, as a credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit;

      (c) "Expired credit card" means a credit card which is no longer valid because the term shown on it has elapsed;

      (d) "Issuer" means the person which issues a credit card, or its agent duly authorized for that purpose;

      (e) "Participating party" means any person or any duly authorized agent of such person, which is obligated by contract to acquire from another person providing money, goods, services or anything else of value, a sales slip, sales draft or instrument for the payment of money, evidencing a credit card transaction, and from whom, directly or indirectly, the issuer is obligated by contract to acquire such sales slip, sales draft, instrument for the payment of money and the like;

      (f) "Receives" or "receiving" means acquiring possession, custody or control;

      (g) "Revoked credit card" means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.

      (1971, P.A. 871, S. 29; P.A. 92-260, S. 55.)

      History: P.A. 92-260 made a technical change.

      See Sec. 54-1d(b) re consolidation of offenses.

      Subsec. (b):

      A merchant account identification card and a telephone card are within meaning of "credit card". 246 C. 402.

      Sec. 53a-128b. False statement to procure issuance of credit card. Any person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person or his financial condition or that of any other person, for the purpose of procuring the issuance of a credit card, violates this section and is subject to the penalties set forth in subsection (a) of section 53a-128i.

      (1971, P.A. 871, S. 30.)

      Sec. 53a-128c. Credit card theft. Illegal transfer. Fraud. Forgery. (a) Any person who takes a credit card from the person, possession, custody or control of another without the consent of the cardholder or of the issuer or who, with knowledge that it has been so taken, receives the credit card 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 credit card theft and is subject to the penalties set forth in subsection (a) of section 53a-128i. Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretense, false promise or extortion.

      (b) Any person who receives a credit card that he 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 credit 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 credit card or any person who buys a credit 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 credit 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 credit cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute credit 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 credit card or utters such a credit card is guilty of credit card forgery and is subject to the penalties set forth in subsection (b) of section 53a-128i. A person "falsely makes" a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or when such person so alters a credit card which was validly issued. A person "falsely embosses" a credit card when, without the authorization of the named issuer, he completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.

      (g) Any person other than the cardholder or any person authorized by him 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 credit card, violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i.

      (1971, P.A. 871, S. 31.)

      Subsec. (b):

      Cited. 37 CS 527, 528.

      Sec. 53a-128d. Illegal use of credit card. Presumption of knowledge of revocation. 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, (1) uses for the purpose of obtaining money, goods, services or anything else of value a credit card obtained or retained in violation of section 53a-128b or a credit card which he knows is forged, expired or revoked, or (2) obtains money, goods, services or anything else of value by representing without the consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued, or (3) uses a credit card obtained or retained in violation of section 53a-128c or a credit card which he knows is forged, expired or revoked, as authority or identification to cash or to attempt to cash or otherwise to negotiate or transfer or to attempt to negotiate or transfer any check or other order for the payment of money, whether or not negotiable, if such negotiation or transfer or attempt to negotiate or transfer would constitute a violation of section 53a-128 violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i, if the value of all money, goods, services and other things of value obtained in violation of this subsection does not exceed five hundred dollars in any six-month period; and is subject to the penalties set forth in subsection (b) of section 53a-128i, if such value does exceed five hundred dollars in any such six-month period. Knowledge of revocation shall be presumed to have been received by a cardholder four days after it has been mailed to him, at the address set forth on the credit card or at his last-known address, by registered or certified mail, return receipt requested, and, if, the address is more than five hundred miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone or Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail.

      (1971, P.A. 871, S. 32.)

      Cited. 204 C. 441, 444.

      Review of legislative history of credit card crimes reveals no purpose or intent that enactment of the more specific crime of illegal credit card use precludes state from charging defendant with the more general crime of larceny. 75 CA 756.

      Subdiv. (2):

      Cited. 37 CS 527, 528.

      Sec. 53a-128e. Illegal furnishing of money, goods or services on credit card. (a) Any person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, or participating party, the cardholder, or any other person furnishes money, goods, services or anything else of value upon presentation of a credit card obtained or retained in violation of section 53a-128c or a credit card which he knows is forged, expired or revoked, violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i, if the value of all money, goods, services and other things of value furnished in violation of this subsection does not exceed five hundred dollars in any six-month period; and is subject to the penalties set forth in subsection (b) of section 53a-128i if such value does exceed five hundred dollars in any such six-month period.

      (b) Any person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, a participating party, the cardholder, or any other person fails to furnish money, goods, services or anything else of value which he represents in writing to the issuer or participating party that he has furnished violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i, if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer or participating party to have been furnished does not exceed five hundred dollars in any six-month period; and is subject to the penalties set forth in subsection (b) of section 53a-128i if such difference does exceed five hundred dollars in any such six-month period.

      (1971, P.A. 871, S. 33.)

      Sec. 53a-128f. Unlawful completion or reproduction of credit card. Any person, other than the cardholder, having under his possession, custody or control two or more incomplete credit cards, or possessing a purported distinctive element of a credit card, with intent to complete such incomplete credit cards or to utilize such purported distinctive element in the production or reproduction of any credit card, without the consent of the issuer, or a person having under his possession, custody or control, with knowledge of its character, a distinctive element of any credit card or any machinery, plates or any contrivance designed to produce or reproduce instruments purporting to be the credit cards of an issuer, or of any issuer in a group of issuers utilizing a common distinctive element or elements in credit cards issued by all members of such group, who has not consented to the production or reproduction of such cards, violates this section and is subject to the penalties set forth in subsection (b) of section 53a-128i. A credit card is "incomplete" if part of the matter other than the signature of the cardholder, which an issuer, or any issuer in a group of issuers utilizing a common distinctive element or elements in credit cards issued by all members of such group, requires to appear on the credit card, before it can be used by a cardholder, has not yet been stamped, embossed, imprinted or written on it. A "distinctive element" of a credit card is any material or component used in the fabrication of credit cards, which, by virtue of such element's chemical or physical composition, color or design, is unique to the credit cards issued by a particular issuer or group of issuers utilizing a common distinctive element or elements in credit cards issued by all members of such group.

      (1971, P.A. 871, S. 34; P.A. 92-260, S. 56.)

      History: P.A. 92-260 made a technical change.

      Sec. 53a-128g. Receipt of money, goods or services obtained by illegal use of credit card. Any person who receives money, goods, services or anything else of value obtained in violation of section 53a-128d, knowing or believing the same to have been so obtained, violates this section and is subject to the penalties set forth in subsection (a) of section 53a-128i. Any person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company which was acquired in violation of section 53a-128d without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of said section.

      (1971, P.A. 871, S. 35.)

      Sec. 53a-128h. Certain defenses denied. In any prosecution for violation of sections 53a-128a to 53a-128i, inclusive, the state is not required to establish and it is no defense: (1) That a person other than the defendant who violated said sections has not been convicted, apprehended or identified; or (2) that some of the acts constituting the violation did not occur in this state or were not a violation or elements of a violation where they did occur.

      (1971, P.A. 871, S. 36.)

      Sec. 53a-128i. Penalties for credit card crimes. (a) Any person who is subject to the penalties of this subsection shall be guilty of a class A misdemeanor.

      (b) Any person who is subject to the penalties of this subsection shall be guilty of a class D felony.

      (1971, P.A. 871, S. 37.)

      Sec. 53a-129. Misapplication of property: Class A misdemeanor. (a) A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that the same will be returned to the owner at a future time, he loans, leases, pledges, pawns or otherwise encumbers such property without the consent of the owner thereof in such manner as to create a risk that the owner will not be able to recover it or will suffer pecuniary loss.

      (b) In any prosecution under this section, it shall be a defense that, at the time the prosecution was commenced, (1) the defendant had recovered possession of the property, unencumbered as a result of the unlawful disposition, and (2) the owner had suffered no material economic loss as a result of the unlawful disposition.

      (c) Misapplication of property is a class A misdemeanor.

      (1969, P.A. 828, S. 131.)

      Cited. 180 C. 662, 679. Cited. 194 C. 223.

      Sec. 53a-129a. Identity theft defined. (a) A person commits identity theft when such person intentionally obtains personal identifying information of another person without the authorization of such other person and uses that information to obtain or attempt to obtain, money, credit, goods, services, property or medical information in the name of such other person without the consent of such other person.

      (b) As used in this section, "personal identifying information" means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual including, but not limited to, such individual's name, date of birth, mother's maiden name, motor vehicle operator's license number, Social Security number, employee identification number, employer or taxpayer identification number, alien registration number, government passport number, health insurance identification number, demand deposit account number, savings account number, credit card number, debit card number or unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation.

      (P.A. 99-99; P.A. 03-156, S. 1.)

      History: P.A. 03-156 revised section to replace offense of identity theft with definition of identity theft by amending Subsec. (a) to replace "A person is guilty of identity theft when" with "A person commits identity theft when", delete requirement that the use of such information be "for any unlawful purpose" and include "money" and "property" among items the person obtains or attempts to obtain, by designating definition of "personal identifying information" as new Subsec. (b) and amending said definition to add provision that such information means "any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual", include such individual's name, date of birth, employer or taxpayer identification number, alien registration number, government passport number, health insurance identification number, debit card number or unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation and replace "demand deposit number" with "demand deposit account number" and by deleting former Subsec. (b) classifying identity theft as a class D felony.

      Sec. 53a-129b. Identity theft in the first degree: Class B felony. (a) A person is guilty of identity theft in the first degree when such person commits identity theft, as defined in section 53a-129a, and the value of the money, credit, goods, services or property obtained exceeds ten thousand dollars.

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

      (P.A. 03-156, S. 2.)

      Sec. 53a-129c. Identity theft in the second degree: Class C felony. (a) A person is guilty of identity theft in the second degree when such person commits identity theft, as defined in section 53a-129a, and the value of the money, credit, goods, services or property obtained exceeds five thousand dollars.

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

      (P.A. 03-156, S. 3.)

      Sec. 53a-129d. Identity theft in the third degree: Class D felony. (a) A person is guilty of identity theft in the third degree when such person commits identity theft, as defined in section 53a-129a.

      (b) Identity theft in the third degree is a class D felony.

      (P.A. 03-156, S. 4.)

      Sec. 53a-129e. Trafficking in personal identifying information: Class D felony. (a) A person is guilty of trafficking in personal identifying information when such person sells, gives or otherwise transfers personal identifying information, as defined in section 53a-129a, of another person to a third person knowing that such information has been obtained without the authorization of such other person and that such third person intends to use such information for an unlawful purpose.

      (b) Trafficking in personal identifying information is a class D felony.

      (P.A. 03-156, S. 5.)

      Sec. 53a-130. Criminal impersonation: Class B misdemeanor. (a) A person is guilty of criminal impersonation when he: (1) Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; or (2) pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or (3) pretends to be a public servant other than a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety, or wears or displays without authority any uniform, badge or shield by which such public servant is lawfully distinguished, with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

      (b) Criminal impersonation is a class B misdemeanor.

      (1969, P.A. 828, S. 132; P.A. 97-123, S. 3.)

      History: P.A. 97-123 amended Subdiv. (3) of Subsec. (a) to exclude from the offense a person pretending to be "a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety" and include the wearing or display of a "shield".

      Cited. 194 C. 213-215. Cited. Id., 233, 234. Cited. 207 C. 109, 110. Cited. 209 C. 23, 27. Cited. 225 C. 650, 652.

      Held not to be unconstitutionally vague. 2 CA 204, 209. Cited. 18 CA 694, 695. Cited. 32 CA 724, 726, 727. Cited. 40 CA 643, 667, 671. Does not require use of an official or real badge because statute's goal is to prohibit criminal impersonation with intent of inducing another to submit to authority that he or she does not possess. 66 CA 819.

      Subsec. (a):

      Cited. 194 C. 213, 220. Subdiv. (1): Statute as written does not prohibit giving a false name. Id., 213, 221, 222. Subdiv. (1) cited. Id., 233, 238. Subdiv. (1) cited. 198 C. 68, 69. Subdiv. (1) cited. 199 C. 146, 148. Subdiv. (1) cited. 232 C. 431, 433; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Subdiv. (1) cited. 235 C. 502, 504.

      Cited. 2 CA 204, 205, 209. Cited. 32 CA 724, 728. Subdiv. (1) cited. 33 CA 339, 340; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. 37 CA 589, 594. Subdiv. (3) cited. 40 CA 643, 645, 665, 669-671. Subdiv. (3) cited. 45 CA 303. Statute prohibits impersonating another, not merely giving a false name. 60 CA 534.

      Sec. 53a-130a. Impersonation of a police officer: Class D felony. (a) A person is guilty of impersonation of a police officer when he pretends to be a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety, or wears or displays without authority any uniform, badge or shield by which such police officer is lawfully distinguished, with intent to induce another person to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

      (b) Impersonation of a police officer is a class D felony.

      (P.A. 97-123, S. 2.)

      Sec. 53a-131. Unlawfully concealing a will: Class A misdemeanor. (a) A person is guilty of unlawfully concealing a will when, with intent to defraud, he conceals, secrets, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.

      (b) Unlawfully concealing a will is a class A misdemeanor.

      (1969, P.A. 828, S. 133.)

      Sec. 53a-132. False entry by an officer or agent of a public community: Class A misdemeanor. (a) A person is guilty of false entry by an officer or agent of a public community when (1) as an officer or agent of a public community, he makes any intentionally false entry on the books of the public community or (2) he intentionally attests or certifies by placing his signature upon process that he has personally served the same, when he has not done so.

      (b) False entry by an officer or agent of a public community is a class A misdemeanor.

      (1969, P.A. 828, S. 134; P.A. 84-108, S. 4; P.A. 92-260, S. 57.)

      History: P.A. 84-108 inserted new Subsec. (b) providing that person who intentionally attests or certifies by signature upon process that he has personally served process when he has not done so is guilty of false entry, relettering former Subsec. (b) as (c); P.A. 92-260 combined former Subsecs. (a) and (b) and rephrased language, relettering former Subsec. (c) as Subsec. (b), and amended relettered Subsec. (b) to make technical changes in the name of the offense.

      Annotations to former section 53-364:

      State has been held to be a "public community" and an employee has been held to be an "agent" within the meaning of the statute. 159 C. 544, 577.

      Sec. 53a-133. Robbery defined. A person commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of: (1) Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or (2) compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.

      (1969, P.A. 828, S. 135.)

      See Sec. 53a-119 for definition of "larceny".

      Annotation to former section 53-28:

      Violation of this statute necessarily involves an attempt to perpetrate a robbery. 146 C. 227.

      Annotations to former section 53-67:

      Cited. 154 C. 37, 38; 157 C. 466.

      Sentence of not less than seven nor more than twelve years for bank robber who was second offender was reasonable. 27 CS 119-121.

      Annotations to present section:

      Defendant's ability to carry out threat of immediate physical force is not essential element of robbery. 175 C. 569, 573. Cited. 176 C. 239, 243. Cited. 178 C. 689, 694. Cited. 179 C. 576, 587. Cited. 180 C. 599, 601. Cited. 181 C. 388, 396. Cited. 182 C. 430, 435; id., 449, 460. Cited (1975 revision). 183 C. 299, 303, 311. Cited. 185 C. 402, 410. Cited. 186 C. 555. 566, 571 (Diss. Op.). Cited. 189 C. 114, 115. Cited. 190 C. 822, 831. Cited. 195 C. 567, 573. Cited. 196 C. 122, 130. Cited. Id., 395, 400. Cited. 199 C. 207, 223. Cited. 201 C. 289, 294, 295, 297-300. Cited. Id., 489, 493, 494. Cited. 202 C. 349, 353, 357, 361, 364. Cited. 206 C. 621, 622. Cited. Id., 657, 658, 667. Cited. 209 C. 564, 575. Cited. 210 C. 652, 687, 688. Cited. 211 C. 398, 400. Cited. 212 C. 31, 45. Cited. 216 C. 367, 388, 389. Cited. 219 C. 489, 498-500. Cited. 223 C. 243, 250. Cited. Id., 595, 596, 603. Cited. 225 C. 270, 277. Cited. Id., 347, 352. Cited. 230 C. 183, 262. Cited. 232 C. 455, 457. Cited. 233 C. 44, 52. Cited. 235 C. 748, 750. Cited. 241 C. 322. Cited. 242 C. 523. Cited. Id., 666. Use of force considered to be in course of robbery or attempted robbery within meaning of statute if it occurs during continuous sequence of events surrounding the taking or attempted taking, even though some time immediately before or after. 248 C. 472.

      Cited. 1 CA 642, 645. Cited. 8 CA 545, 555. Cited. Id., 620, 625, 627. Cited. 9 CA 373, 377. Cited. 10 CA 330, 331. Cited. Id., 474. Cited. 12 CA 163, 171. Cited. 13 CA 420, 421. Cited. 19 CA 111, 137; judgment reversed, see 215 C. 538 et seq. Cited. Id., 554, 555, 559, 560, 563. Cited. Id., 695, 696, 702, 704, 705. Cited. 20 CA 513, 516-518. Cited. 21 CA 299, 308. Cited. 24 CA 27, 28, 34, 35; judgment reversed, see 220 C. 652 et seq. Cited. 25 CA 646, 648. Cited. 27 CA 601, 604. Cited. 28 CA 161, 165, 166. Cited. Id., 612, 616. Cited. Id., 721, 732. Cited. 31 CA 47, 48, 54, 56, 57. Cited. 32 CA 193, 194. Cited. 33 CA 184, 186; judgment reversed, see 232 C. 707 et seq. Cited. Id., 311, 313. Cited. 34 CA 223, 231. Cited. 35 CA 699, 711, 712. Cited. Id., 839, 841, 844. Cited. 36 CA 401, 409. Cited. 38 CA 531, 532. Cited. Id., 581, 582, 586. Cited. 39 CA 63, 64. Cited. Id., 478, 479. Cited. Id., 579, 595. Cited. Id., 617, 618. Cited. 41 CA 147, 148. Cited. Id., 255, 257. Cited. Id., 584, 585. Cited. 43 CA 801. Cited. 44 CA 307. Cited. 45 CA 6. Cited. 46 CA 616. Cited. Id., 691. Cited. Id., 778. Term "purpose" is synonymous with the terms "object" and "intent". 51 CA 541. Completion of crime not required for conviction under section. Id. Knife with a six-inch blade displayed by defendant during a robbery was capable of causing death or serious physical injury and constituted a "dangerous instrument" and that defendant by his actions, demands for the money and manner of carrying the knife, used or threatened to use it during the robbery. 82 CA 823.

      Subdiv. (1):

      Cited. 181 C. 388, 394. Cited. 202 C. 349, 356, 358, 362, 364. Cited. 210 C. 652, 688.

      Cited. 8 CA 620, 622, 624-626. Cited. 19 CA 111, 112, 135, 136; judgment reversed, see 215 C. 538 et seq. Cited. Id., 423, 424. Cited. Id., 695, 696, 704, 705. Cited. 20 CA 513, 516, 518. Cited. 24 CA 27, 34, 35; judgment reversed, see 220 C. 652 et seq. Cited. 25 CA 104, 111, 112. Cited. 27 CA 601, 604, 605. Cited. 28 CA 612, 616.

      Subdiv. (2):

      Cited. 202 C. 349, 361, 362, 364. Cited. 210 C. 652, 688. Cited. 216 C. 367, 368, 388, 389.

      Cited. 8 CA 620, 624, 625. Cited. 19 CA 111, 112, 134-137; judgment reversed, see 215 C. 538 et seq. Cited. Id., 695, 696, 702-705. Cited. 20 CA 27, 30. Cited. Id., 513, 516, 518, 519. Cited. 24 CA 27, 34, 25; judgment reversed, see 220 C. 652 et seq. Cited. 25 CA 104, 106, 111, 112. Cited. 27 CA 601, 605.

      Cited. 41 CS 525, 533.

      Sec. 53a-134. Robbery in the first degree: Class B felony. (a) A person is guilty of robbery in the first degree when, in the course of the commission of the crime of robbery as defined in section 53a-133 or of immediate flight therefrom, he or another participant in the crime: (1) Causes serious physical injury to any person who is not a participant in the crime; or (2) is armed with a deadly weapon; or (3) uses or threatens the use of a dangerous instrument; or (4) displays or threatens the use of what he represents by his words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm, except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a weapon from which a shot could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.

      (b) Robbery in the first degree is a class B felony provided any person found guilty under subdivision (2) of subsection (a) shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

      (1969, P.A. 828, S. 136; P.A. 75-411, S. 1; P.A. 80-442, S. 22, 28; P.A. 92-260, S. 58.)

      History: P.A. 75-411 removed reference to dangerous instruments in Subdiv. (2) of Subsec. (a) and added Subdivs. (3) and (4); P.A. 80-442 added proviso in Subsec. (b) specifying that five years of sentence imposed may not be suspended or reduced, effective July 1, 1981; P.A. 92-260 amended Subsec. (a) to specify that "the crime" is "the crime of robbery as defined in section 53a-133".

      See also annotations to Part V.

      Cited. 172 C. 74, 75. Cited. 175 C. 569, 571, 573. Cited. 182 C. 511, 513. Cited. 185 C. 473, 474. Cited. 186 C. 179, 180; id., 555, 571 (Diss. Op.). Cited. 190 C. 822, 831. Cited. 196 C. 305, 306. Cited. Id., 309, 311. Cited. Id., 430, 431. Cited. 199 C. 47, 50. Cited. Id., 207, 223. Cited. Id., 273, 274. Cited. Id., 377, 378. Cited. Id., 591, 593. Cited. 200 C. 310, 311, 314. Cited. Id., 465, 466. Cited. 201 C. 34, 38. Cited. 202 C. 39, 40. Cited. Id., 86, 91. Cited. 203 C. 494, 495. Cited. 204 C. 52. Cited. Id., 240, 241, 258. Cited. 212 C. 31, 45. Cited. 214 C. 454, 457. Cited. 218 C. 479, 481. Cited. 230 C. 109, 112. Cited. 231 C. 43, 45. Cited. 236 C. 112, 114. Cited. 241 C. 413. Cited. 242 C. 125. Cited. Id., 648.

      Cited. 8 CA 545, 547. Cited. 9 CA 373, 377. Cited. 10 CA 659, 665. Cited. 11 CA 699, 700. Cited. Id., 709, 710. Cited. 12 CA 268, 269. Cited. Id., 655, 656. Cited. 13 CA 133, 134. Cited. Id., 708. Cited. 14 CA 472, 474. Cited. 15 CA 34, 35. Cited. 15 CA 197, 198. Cited. 19 CA 423, 426. Cited. 20 CA 521, 522. Cited. 22 CA 216, 219, 227. Cited. 28 CA 581, 589; judgment reversed, see 226 C. 601 et seq. Cited. 32 CA 38, 40. Cited. 35 CA 201. Cited. Id., 839, 843. Cited. 36 CA 59, 60. Cited. Id., 448, 453; judgment reversed, see 236 C. 342 et seq. Cited. 38 CA 20, 21. Cited. Id., 581, 582. Cited. Id., 868, 869. Cited. 39 CA 45. Cited. 40 CA 250, 260. Cited. 41 CA 147, 148. Cited. 43 CA 61. Cited. Id., 801. Cited. 45 CA 32. Cited. 46 CA 684. Cited. Id., 691. Court cannot properly instruct jury of elements of section without first instructing jury of elements of Sec. 53a-133. 51 CA 541. Sufficiency of evidence to convict defendant as a principal in robbery. Id.

      Subsec. (a):

      Subdiv. (2): "Miranda" warning not a ritualistic formula and words which convey its substance are sufficient. 167 C. 309. Cited. 169 C. 242, 243. Subdiv. (2) cited. Id., 683-685. Subdiv. (2) cited. 170 C. 332, 333. Subdiv. (2): Participation of two persons not necessary, so Wharton's rule is inapplicable. 171 C. 105. Subdiv. (2) cited. Id., 395, 397. Subdiv. (2) cited. Id., 610, 611. Subdiv. (2) cited. 172 C. 22, 23. Subdiv.(2) cited. Id., 586. Subdiv. (1) cited. 174 C. 16, 18. Subdiv. (4) cited. Id., 129, 130. Subdiv. (4) cited. Id., 142-144. Subdiv. (2) cited. Id., 452, 459. Subdiv. (2) cited. 175 C. 250, 251. Subdiv. (2): Requirement of weapon's operability is imposed by section 53a-3(6). Id., 569, 572. Subdiv. (4): Essential element of subsection is defendant's representation of having a firearm, not the firearm's operability. Affirmative defense of inoperability does not violate due process. 175 C. 569-576. Subdiv. (4) cited. 176 C. 239, 240, 242; id., 367, 368. Subdiv. (2) cited. 177 C. 335, 336; id., 370, 371; id., 379, 380; id., 637, 639. Subdiv. (1) cited. 178 C. 116, 118. Subdiv. (2) cited. Id., 287, 288, 293. Subdiv. (4) cited. Id., 427, 429. Subdiv. (2) cited. Id., 564, 565; id., 634; id., 689, 690, 694; 179 C. 46, 47; id., 576-578, 586; 180 C. 557, 560. Subdiv. (1): A lesser included offense of felony murder. Id., 599, 601. Subdiv. (2) cited. 181 C. 237, 238; id., 388, 390, 397, 399. Subdiv. (4) cited. 181 C. 237-239, 243. Cited. 181 C. 426, 428. Subdiv. (2) cited. 182 C. 262, 263, 269, 270; id., 366, 367, 382. Subdiv. (4) cited. Id., 430-432, 435. Cited. Id., 430, 436. Subdiv. (1) cited. Id., 449, 451, 460, 467. Subdiv. (4) cited. Id., 533, 534, 543. Subdiv. (2) cited. Id., 595, 596, 598, 599, 602; 183 C. 280, 281; 185 C. 163, 164. Subdiv. (3) cited. Id.; id., 260, 261, 267; id., 402, 404. Subdiv. (2) cited. Id., 473, 476. Subdiv. (4) cited. Id., 607. Subdiv. (1) cited. 186 C. 1, 2, 7. Subdiv. (3) cited. Id., 222, 224. Subdiv. (2) cited. Id., 261, 262; id., 426, 427; id., 555, 566. Subdiv. (3) cited. 187 C. 681, 683. Subdiv. (2) cited. 188 C. 372, 373. Subdiv. (4) cited. Id., 406, 407, 414. Subdiv. (2) cited. Id., 432, 470; id., 515, 516. Subdiv. (3) cited. 189 C. 114, 115; id., 183, 184. Subdiv. (4) cited. Id., 268, 269, 271, 274; id., 337-339; id., 429, 430. Subdiv. (2) cited. 190 C. 822, 823, 831, 832. Subdiv. (4) cited. 191 C. 564, 565; id., 670, 671; 192 C. 618, 619, 625, 630. Subdiv. (3) cited. 193 C. 48, 51. Subdiv. (4) cited. 193 C. 238, 239. Subdiv. (3) cited. Id., 457, 459. Subdiv. (4) cited. Id., 526-528. Subdiv. (2) cited. Id., 602, 603. Subdiv. (3) cited. 194 C. 89, 90. Subdiv. (4) cited. 195 C. 183, 185. Subdiv. (2) cited. Id., 326, 327. Subdiv. (4) cited. Id., 444, 445, 449. Subdiv. (4) cited. Id., 552, 553. Subdiv. (2) cited. Id., 567, 568, 573, 575. Subdiv. (2) cited. 196 C. 36-38. Subdiv. (2) cited. Id., 115, 116. Subdiv. (2) cited. 122, 123. Subdiv. (2) cited. 157, 158. Subdiv. (4): Essential element is the representation by a defendant that he has a firearm, not the specific identifying characteristic of the weapon alleged in the information. Id., 395, 396, 398-401. Subdiv. (4) cited. Id., 567, 568. Subdiv. (4) cited. Id., 685, 686, 688. Subdiv. (2) cited. 197 C. 106, 107. Subdiv. (4) cited. Id., 115, 117. Subdiv. (2) cited. Id., 413, 415. Subdiv. (4) cited. Id., 629, 630. Subdiv. (4) cited. 198 C. 68, 69. Subdiv. (1) cited. Id., 203. Subdiv. (3) cited. Id., 285, 287. Cited. Id., 314, 315. Subdiv. (4) cited. Id., 328, 329. Subdiv. (4) cited. Id., 490, 491. Subdiv. (3) cited. 198 C. 592, 593. Subdiv. (3) cited. Id., 680, 681. Subdiv. (4) cited. 199 C. 5, 6. Subdiv. (4) cited. Id., 47, 48. Subdiv. (3) cited. Id., 62, 63. Subdiv. (3) cited. Id., 146, 147. Subdiv. (4) cited. Id., 207, 208. Cited. Id., 207, 223. Subdiv. (4) cited. Id., 255, 257. Cited. Id., 473, 481. Subdiv. (2) cited. Id., 473, 474, 480. Subdiv. (3) cited. 200 C. 9, 10. Subdiv. (4) cited. Id., 44, 45. Subdiv. (4) cited. Id., 310, 311, 314. Subdiv. (2) cited. Id., 310, 316. Subdiv. (4) cited. Id., 350, 351, 357, 359. Subdiv. (4) cited. Id., 523, 524. Subdiv. (3) cited. 201 C. 289, 290, 295, 299. Subdiv. (4) cited. Id., 333, 334. Subdiv. (4) cited. 202 C. 1, 2. Subdiv. (1) cited. Id., 259, 260. Subdiv. (1) cited. Id., 349, 350, 353, 354. Cited. 203 C. 81, 82. Subdiv. (4) cited. Id. Subdiv. (3) cited. Id., 159, 160. Subdiv. (4) cited. Id., 445, 446. Subdiv. (2) cited. Id., 506, 508, 514, 517, 518. Subdiv. (2) cited. 204 C. 240, 241, 257. Subdiv. (4) cited. Id., 330, 331. Subdiv. (2) cited. Id., 377, 383. Subdiv. (2) cited. 205 C. 673, 674. Subdiv. (4) cited. 206 C. 40, 43. Subdiv. (4) cited. Id., 621, 622. Subdiv. (4) cited. Id., 657, 658. Subdiv. (2) cited. 207 C. 152, 154. Subdiv. (4) cited. Id., 323, 324. Subdiv. (2) cited. Id., 619, 620. Subdiv. (2) cited. 208 C. 38-41. Subdiv. (4) cited. Id., 202, 203. Subdiv. (3) cited. Id., 365, 366. Subdiv. (3) cited. 209 C. 416-418. Subdiv. (2) cited. Id., 458, 459. Subdiv. (3) cited. 210 C. 199, 200. Subdiv. (3) cited. 211 C. 18, 20. Subdiv. (3) cited. Id., 398, 399. Subdiv. (4) cited. 212 C. 6, 8. Subdiv. (3) cited. Id., 31, 33, 45. Subdiv. (4) cited. Id., 387, 389, 390. Subdiv. (3) cited. 213 C. 422, 424, 432. Subdiv. (1) cited. 214 C. 38, 39. Subdiv. (4): Judgment of appellate court in State v. Horne, 19 CA 111, reversed. 215 C. 538, 540, 542. Subdiv. (1) cited. Id., 695, 698. Subdiv. (2) cited. 216 C. 282, 284. Subdiv. (1) cited. Id., 367, 368. Subdiv. (3) cited. Id., 801; 217 C. 419, 420. Subdiv. (1) cited. 218 C. 85, 87. Subdiv. (2) cited. Id., 151, 152. Subdiv. (3) cited. Id., 432-435. Subdiv. (4) cited. 219 C. 93, 95. Subdiv. (3) cited. Id., 269, 271. Subdiv. (4) cited. Id.; Id., 489, 490, 496, 500, 510. Subdiv. (2) cited. 220 C. 385, 388; Id., 652, 653. Subdiv. (4) cited. 221 C. 447-449. Subdiv. (2) cited. Id., 643, 645. Subdiv. (1) cited. 222 C. 117, 119. Subdiv. (4) cited. 223 C. 243, 245. Subdiv. (3) cited. Id., 243, 250. Subdiv. (2) cited. Id., 243, 258, 261. Subdiv. (2) cited. 299, 301. Subdiv. (2) cited. Id., 595, 596, 609. Subdiv. (4) cited. Id., 635, 637, 638. Subdiv. (4) cited. 224 C. 711, 713. Subdiv. (2) cited. 225 C. 270, 271, 277. Subdiv. (2) cited. 226 C. 601, 609. Subdiv. (4) cited. Id., 601, 609. Subdiv. (4) cited. 227 C. 363, 365. Subdiv. (2) cited. 228 C. 234, 235. Subdiv. (2) cited. Id., 384-386. Subdiv. (2) cited. 230 C. 351, 353. Subdiv. (3) cited. Id., 686, 687. Subdiv. (4) cited. 232 C. 455, 457. Subdiv. (4) cited. Id., 691, 693. Subdiv. (3) cited. Id., 707, 709. Subdiv. (2) cited. 233 C. 44, 52. Subdiv. (4) cited. 235 C. 67, 68, 72, 77, 79. Subdiv. (4) cited. Id., 402, 403. Subdiv. (4) cited. Id., 748, 750. Subdiv. (2) cited. Id., 802, 804. Subdiv. (3) cited. 236 C. 112, 114. Subdiv. (4) cited. Id., 342, 349. Subdiv. (3) cited. 238 C. 784. Subdiv. (2) cited. 239 C. 235. Subdiv. (3) cited. 240 C. 317. Subdiv. (2) cited. 241 C. 1. Subdiv. (4) cited. Id., 165. Subdiv. (1) cited. Id., 322. Subdiv. (2) cited. Id. Subdiv. (2) cited. 242 C. 93. Subdiv. (4) cited. Id., 125. Subdiv. (4) cited. Id., 296. Subdiv. (2) cited. 247 C. 662.

      Subdiv. (3) cited. 1 CA 584, 585. Subdiv. (3) cited. Id., 642, 643, 644, 646. Subdiv. (2) cited. Id., 697, 698. Subdiv. (3) cited. Id. Subdiv. (4) cited. 2 CA 127, 128. Subdiv. (2) cited. 6 CA 247, 248, 250, 251. Subdiv. (3) cited. Id., 697, 698. Subdiv. (2) cited. 7 CA 1, 2. Subdiv. (3). cited. Id., 27, 28. Subdiv. (2) cited. Id., 95, 96. Subdiv. (3) cited. Id., 149, 150. Subdiv. (4) cited. Id., 217, 218. Subdiv. (1) cited. Id., 445, 446, 452. Subdiv. (3) cited. Id., 445, 446, 452, 455. Subdiv. (4) cited. Id., 503, 504. Subdiv. (4) cited. Id., 528. Subdiv. (4) cited. Id., 715, 716. Subdiv. (4) cited. Id., 726, 727, 730, 733. Subdiv. (2) cited. 8 CA 119, 120, 123. Subdiv. (3) cited. Id., 399, 400. Subdiv. (3) cited. Id., 454-456. Subdiv. (2) cited. Id., 467. Cited. Id., 491, 493. Subdiv. (4) cited. Id., 545, 546, 553, 555. Subdiv. (1) cited. Id., 545, 553. Subdiv. (4) cited. Id., 566, 567. Subdiv. (2) cited. Id., 667, 672, 672A, 672B, 672C, 672D. Subdiv. (2) cited. 9 CA 79, 80. Subdiv. (4) cited. Id., 275. Subdiv. (4) cited. Id., 313, 314. Subdiv. (4) cited. Id., 373, 374. Subdiv. (2) cited. Id., 548, 549. Subdiv. (3) cited. Id., 587, 588. Subdiv. (2) cited. Id., 648, 649. Subdiv. (3) cited. 10 CA 50, 51. Subdiv. (1) cited. Id., 103, 104. Subdiv. (3) cited. Id., 330, 331, 336, 344. Subdiv. (4) cited. Id., 404, 405. Subdiv. (4) cited. Id., 474. Subdiv. (4) cited. Id., 624, 625. Subdiv. (4) cited. Id., 643, 650. Subdiv. (2) cited. Id., 659, 660, 666, 667. Subdiv. (4) cited. Id., 659-661, 664, 666. Cited. Id., 659, 664. Subdiv. (2) cited. 11 CA 80, 89. Subdiv. (4) cited. Id. Subdiv. (2) cited. Id., 397-403. Subdiv. (2) cited. Id., 699-701. Subdiv. (2) cited. 12 CA 163, 164. Subdiv. (2) cited. Id., 217. Subdiv. (4) cited. Id., 662, 663. Subdiv. (2) cited. 13 CA 76, 83, 86. Subdiv. (3) cited. Id., 554-556. Subdiv. (2) cited. 14 CA 67, 68. Subdiv. (4) cited. Id., 108, 109. Subdiv. (4) cited. Id., 463, 464. Subdiv. (4) cited. Id., 472, 474, 476. Subdiv. (3) cited. Id., 493, 494, 497. Subdiv. (3) cited. Id., 657, 658. Subdiv. (4) cited. 15 CA 161, 163. Subdiv. (2) cited. Id., 416, 417. Subdiv. (4) cited. Id., 502. Subdiv. (2) cited. Id., 539, 540. Subdiv. (3) cited. Id., 586. Subdiv. (2) cited. 16 CA 38, 39. Subdiv. (4) cited. Id. Subdiv. (2) cited. Id., 206, 207. Subdiv. (3) cited. Id., 284, 285; Subdiv. (3) cited. Id., 390, 391. Subdiv. (2) cited. Id., 402, 403. Subdiv. (2) cited. 17 CA 50, 51. Subdiv. (3) cited. Id., 359. Subdiv. (4) cited. Id., 490, 491. Subdiv. (2) cited. Id., 648, 650. Subdiv. (4) cited. 19 CA 111, 113, 116, 140; judgment reversed, see 215 C. 53 et seq. Subdiv. (4) cited. Id., 179, 180, 186. Subdiv. (3) cited. Id., 423, 424. Subdiv. (4) cited. Id., 554, 555, 558, 562-564. Subdiv. (4) cited. Id., 695, 696. Subdiv. (2) cited. 20 CA 27- 29. Subdiv. (1) cited. Id., 27, 29. Cited. Id., 212. Cited. Id., 467, 469. Subdiv. (1) cited. Id., 513, 514. Subdiv. (4) cited. Id., 643-645. Cited. Id., 643, 646. Subdiv. (4) cited. Id., 665, 666. Subdiv. (3) cited. 21 CA 48, 49. Subdiv. (4) cited. Id., 244, 245. Subdiv. (3) cited. Id., 299-301, 305-307, 309, 311, 313. Subdiv. (2) cited. Id., 299, 307. Subdiv. (4) cited. Id. Subdiv. (3) cited. 22 CA 98, 99; Id., 216 227. Cited. Id., 329, 330. Subdiv. (2) cited. 24 CA 27, 28; judgment reversed, see 220 C. 652 et seq. Subdiv. (3) cited. Id., 152, 153. Subdiv. (2) cited. Id., 316-318, 320, 321, 324, 325. Subdiv. (4) cited. Id., 316-318, 320, 321, 325. Cited. Id., 316, 326. Subdiv. (3) cited. Id., 518, 519; Id., 729-731. Subdiv. (2) cited. 25 CA 104, 106. Subdiv. (4) cited. Id., 255; Id., 565, 567; Id., 646-648; 26 CA 114, 116. Subdiv. (2) cited. Id., 242, 244. Subdiv. (3) cited. 27 CA 601, 602. Subdiv. (2) cited. Id., 654, 655, 665. Subdiv. (2) cited. 28 CA 64, 66. Subdiv. (4) cited. Id. Subdiv. (4) cited. Id., 161, 162, 165, 168, 169. Subdiv. (1) cited. Id., 402, 404, 405. Subdiv. (4) cited. Id., 444, 445. Subdiv. (2) cited. Id., 474, 475. Subdiv. (2) cited. Id., 581, 588; judgment reversed, see 226 C. 601 et seq. Subdiv. (4) cited. Id., judgment reversed, see 226 C. 601 et seq. Subdiv. (3) cited. Id., 612-615, 617. Subdiv. (4) cited. Id., 645, 646. Subdiv. (2) cited. Id., 721, 722. Subdiv. (4) cited. 29 CA 207, 211. Subdiv. (4) cited. Id., 274, 276. Subdiv. (4) cited. Id., 421, 422. Subdiv. (3) cited. Id., 679-681. Subdiv. (2) cited. 30 CA 68, 69. Subdiv. (2) cited. 31 CA 614, 615, 617, 618. Cited. Id., 614, 617. Subdiv. (3) cited. Id., 660, 661. Subdiv. (4) cited. 32 CA 21, 23. Subdiv. (3) cited. Id., 193, 194. Subdiv. (4) cited. Id., 476, 477. Subdiv. (3) cited. 33 CA 143, 144, 147. Subdiv. (3) cited. Id., 184, 185. Subdiv. (3) cited. Id., 288, 289. Subdiv. (4) cited. Id., 311, 313. Subdiv. (4) cited. Id., 457, 458. Subdiv. (4) cited. Id., 468, 470, 476, 477, 481-483. Subdiv. (2) cited. Id., 468, 482. Subdiv. (3) cited. Id., 849, 850. Subdiv. (2) cited. 34 CA 223, 224, 226. Subdiv. (3) cited. Id., 261, 262. Subdiv. (3) cited. Id., 610, 611. Subdiv. (3) cited. 35 CA 279, 280. Subdiv. (3) cited. Id., 699, 700. Subdiv. (1) cited. Id., 740 742, 743. Subdiv. (4) cited. Id., 781, 782. Subdiv. (3): Robbery in the second degree pursuant to Sec. 53a-135(a)(1) is not a lesser included offense of robbery in the first degree pursuant to this section. Id., 839, 841, 843- 846, 849. Subdiv. (4) cited. 36 CA 401, 405. Subdiv. (2) cited. Id., 556-558, 570. Subdiv. (3) cited. Id., 718, 720. Cited. Id., 831, 832. Subdiv. (2) cited. Id. Subdiv. (4) cited. 37 CA 35, 36. Subdiv. (4) cited. Id., 219. Subdiv. (4) cited. Id., 482- 484, 486, 489, 491. Subdiv. (3) cited. Id., 482, 490. Subdiv. (2) cited. Id., 589, 594. Subdiv. (2) cited. Id., 619, 621. Subdiv. (4) cited. Id., 672, 674, 689, 690. Subdiv. (3) cited. Id., 733, 735, 739. Cited. 38 CA 20, 21. Subdiv. (2) cited. Id., 581, 582. Subdiv. (3) cited. 39 CA 45, 46, 53. Subdiv. (2) cited. Id., 45, 54. Subdiv. (4) cited. Id., 63, 64, 79, 81. Subdiv. (4) cited. Id., 82, 84, 86, 92, 93. Subdiv. (2) cited. Id., 82, 86, 92, 93. Subdiv. (4) cited. Id., 384, 386, 400-402. Subdiv. (3) cited. Id., 384, 400. Subdiv. (4) cited. Id., 478, 479. Subdiv. (4) cited. Id., 502, 503, 513, 514. Subdiv. (2) cited. Id., 579, 580, 595. Subdiv. (3) cited. Id., 617, 618. Subdiv. (4) cited. Id., 840, 841. Subdiv. (4) cited. 40 CA 21, 22. Subdiv. (4) cited. Id., 250, 252. Subdiv. (4) cited. Id., 328, 329. Subdiv. (2) cited. Id., 526, 527. Subdiv. (4) cited. 41 CA 47-49. Subdiv. (3) cited. Id., 391, 392. Subdiv. (2) cited. Id., 515, 517. Subdiv. (4) cited. Id., 695, 696. Subdiv. (2) cited. 42 CA 472. Subdiv. (4) cited. Id., 669. Subdiv. (4) cited. Id., 810. Subdiv. (4) cited. 43 CA 142. Cited. Id., 801. Subdiv. (4) cited. Id. Subdiv. (5) cited. Id. Subdiv. (1) cited. 44 CA 26. Subdiv. (4) cited. Id., 280. Subdiv. (1) cited. Id., 476. Subdiv. (4) cited. Id., 561. Subdiv. (3) cited. 45 CA 6. Subdiv. (3) cited. Id., 270. Subdiv. (3) cited. Id., 390. Subdiv. (4) cited. Id. Subdiv. (1) cited. Id., 658. Subdiv. (2) cited. Id. Subdiv. (4) cited. Id. Subdiv. (1) cited. 46 CA 684. A showing that victim had custody or control over appropriated property is sufficient to support a charge of larceny. 49 CA 486. Testimony of sole witness sufficient to establish guilt beyond reasonable doubt. Id. Subdiv. (3) requires that evidence show either actual use of a dangerous instrument or its threatened use, demonstrated by either an actual display or words combined with an overt display of the threatened instrument. 71 CA 585. Court's failure to instruct jury on the affirmative defense of inoperability of gun involved in the incident at issue, as provided for in text of the statute relative to charge of robbery in the first degree, constituted plain error and violated defendant's constitutional right to fair trial. Id., 865. Subdiv. (3) requires use or threatened use of a dangerous instrument. 81 CA 367. Evidence was sufficient to sustain a conviction under Subdiv. (4). 83 CA 489.

      Subsec. (b):

      Cited. 182 C. 595, 599. Cited. 207 C. 412, 416.

      Sec. 53a-135. Robbery in the second degree: Class C felony. (a) A person is guilty of robbery in the second degree when he commits robbery as defined in section 53a-133 and (1) he is aided by another person actually present; or (2) in the course of the commission of the crime or of immediate flight therefrom he or another participant in the crime displays or threatens the use of what he represents by his words or conduct to be a deadly weapon or a dangerous instrument.

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

      (1969, P.A. 828, S. 137; P.A. 75-411, S. 2; P.A. 92-260, S. 59.)

      History: P.A. 75-411 clarified Subsec. (a)(2), including references to display of weapon and to actions in course of commission of crime or in course of immediate flight from commission of crime; P.A. 92-260 amended Subsec. (a) to add "as defined in section 53a-133".

      Cited. 171 C. 47, 48. Cited. Id., 105, 118. Cited. 174 C. 142, 143. Cited. 176 C. 270. Cited. 178 C. 287, 293. Cited. 179 c. 576, 587. Cited. 182 C. 207, 208. Cited. 183 C. 156, 157, 162. Cited. 185 C. 260, 264. Cited. 191 C. 506, 507. Cited. 197 C. 309. Cited. 198 C. 158, 165, 166. Cited. 201 C. 125, 132, 133. Cited. Id., 489, 490, 494, 501. Cited. 202 C. 224, 226. Cited. 203 C. 506, 518. Cited. 204 C. 630, 631. Cited. 210 C. 435, 436, 438. Cited. 224 C. 445, 447, 451, 452. Cited. 235 C. 469, 470.

      Cited. 2 CA 11, 12. Cited. 12 CA 375, 376. Cited. 13 CA 420, 431. Cited. 14 CA 159, 160. Cited. Id., 205-207. Cited. 36 CA 401, 403, 409. Cited. 37 CA 35, 38. Cited. 39 CA 384, 401. Cited. 43 CA 801.

      Subsec. (a):

      (2): Cited. 169 C. 161. (2): Cited. 173 C. 545. (2): Cited. 174 C. 142, 143, 145. (1): Cited. Id., 142, 143, 145, 146. (2): Cited. 176 C. 227, 228; id., 367, 368. (1): Cited. 179 C. 98. (2): Cited. Id., 381, 382. (1): Cited. 182 C. 476, 477. (2): Cited. Id., 533, 543, 544; 183 C. 156, 162; 184 C. 366; 187 C. 602, 603. Cited. 190 C. 327, 329. Subdiv. (1) cited. 194 C. 241, 242. Subdiv. (2) cited. Id., 297, 298. Subdiv. (1) cited. 197 C. 677, 678. Subdiv. (1) cited. 198 C. 158, 160, 163-166. Subdiv. (2) cited. Id., 158, 164. Cited. Id., 158, 165. Subdiv. (1) cited. 199 C. 557, 558. Subdiv. (2) cited. 200 C. 350, 351, 358, 359. Subdiv. (1) cited. 201 C. 125, 126, 129-132. Subdiv. (1) cited. Id., 489, 494. Subdiv. (2) cited. 203 C. 506, 518. Cited. 209 C. 143-145. Subdiv. (1) cited. 211 C. 1, 2. Subdiv. (1) cited. 229 C. 178, 179. Subdiv. (1) cited. 230 C. 608, 610. Subdiv. (1) cited. Id., 686, 688. Subdiv. (2) cited. 235 C. 67, 72, 77-79. Subdiv. (2) cited. Id., 145, 147. Cited. Id., 502, 517.

      Subdiv. (2) cited. 6 CA 247, 248, 250, 251. Subdiv. (1) cited. 9 CA 656, 657. Subdiv. (1) cited. 10 CA 330, 336. Subdiv. (2) cited. Id. Subdiv. (1) cited. 12 CA 239, 240. Subdiv. (1) cited. 16 CA 264, 265. Subdiv. (1) cited. Id., 455, 456. Subdiv. (2) cited. 17 CA 247, 248. Subdiv. (1) cited. 25 CA 428-430; 26 CA 779, 780. Subdiv. (1) cited. 31 CA 47, 48, 54, 56- 58. Subdiv. (1) cited. 33 CA 143, 144, 147. Subdiv. (2) cited. Id., 184, 188, 195. Subdiv. (2) cited. Id., 468, 470, 477, 480- 483. Subdiv. (1) cited. Id., 468, 482. Subdiv. (1): Robbery in second degree pursuant to this section is not a lesser included offense of robbery in the first degree pursuant to Sec. 53a-134(a)(3). 35 CA 839, 841, 843-846, 848, 849. Subdiv. (1) cited. 36 CA 774, 775. Subdiv. (1) cited. 37 CA 35, 36, 38. Subdiv. (2) cited. 39 CA 384, 401, 402. Subdiv. (1) cited. 41 CA 817, 818. Subdiv. (2) cited. 43 CA 801. Court's failure to instruct jury on the lesser included offense of robbery in the second degree in violation of the statute where there was uncontroverted evidence from two state's witnesses that the gun was inoperable constituted plain error and violated defendant's constitutional right to fair trial. 71 CA 865.

      Sec. 53a-136. Robbery in the third degree: Class D felony. (a) A person is guilty of robbery in the third degree when he commits robbery as defined in section 53a-133.

      (b) Robbery in the third degree is a class D felony.

      (1969, P.A. 828, S. 138; P.A. 92-260, S. 60.)

      History: P.A. 92-260 amended Subsec. (a) to add "as defined in section 53a-133".

      Cited. 169 C. 247, 249. Cited. 171 C. 105, 118. Cited. 181 C. 388, 396-399. Cited. 185 C. 260, 264. Cited. 188 C. 591, 592. Cited. 190 C. 428, 429. Cited. 192 C. 618, 629. Cited. 197 C. 314. Cited. 198 C. 285, 287. Cited. 199 C. 557, 558. Cited. 202 C. 224. Cited. 205 C. 61, 63. Cited. 209 C. 23, 27. Cited. 210 C. 435, 439. Cited. 218 C. 432, 434, 435. Cited. 219 C. 160, 161. Cited. 239 C. 235. Rational basis exists for legislature to classify larceny from the person as a more serious offense than simple robbery and therefore the classification did not violate defendant's right to equal protection of the laws. 246 C. 132.

      Cited. 5 CA 500, 501. Cited. 7 CA 27, 28, 31. Cited. 8 CA 454, 455. Cited. Id., 620, 621. Cited. 13 CA 420, 421, 431. Cited. Id., 596, 597, 601, 603. Cited. 14 CA 205, 207. Cited. 16 CA 318, 319. Cited. Id., 433, 435. Cited. 17 CA 226, 231. Cited. 19 CA 423, 426. Cited. 20 CA 513, 514. Cited. Id., 643, 650. Cited. 21 CA 248, 249. Cited. Id., 291, 292. Cited. 22 CA 216, 217. Cited. 24 CA 316, 323. Cited. Id., 518, 524. Cited. 26 CA 114, 116. Cited. 27 CA 780, 781. Cited. 35 CA 839, 842, 848. Cited. 39 CA 579, 580, 600. Cited. Id., 810, 811. Cited. 40 CA 250, 260. Cited. 44 CA 307. Cited. 46 CA 616. Cited. Id., 778.

      Subsec. (a):

      Cited. 185 C. 402, 404. Cited. 192 C. 618, 626. Cited. 201 C. 125, 133. Cited. Id., 559, 560. Cited. 211 C. 101, 103. Cited. 220 C. 487, 489. Cited. 242 C. 523.

      Cited. 8 CA 35, 36. Cited. 10 CA 330, 336. Cited. 13 CA 596, 601. Cited. 14 CA 493, 503. Cited. 35 CA 201. Cited. 38 CA 531, 532. Cited. 41 CA 255, 257. Cited. Id., 584, 585. Cited. 44 CA 307.

      Cited. 33 CS 599. Cited. 37 CS 520, 521.

      Sec. 53a-136a. Robbery involving occupied motor vehicle. Penalty. Any person who commits robbery by taking a motor vehicle from the person of another knowing that such motor vehicle is occupied by such other person shall be imprisoned for a term of three years which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for such offense.

      (P.A. 93-204.)

      Cited. 46 CA 691.

      Sec. 53a-137. Definitions. The following definitions are applicable to this part:

      (1) "Written instrument" means any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

      (2) "Complete written instrument" means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches.

      (3) "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.

      (4) A person "falsely makes" a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.

      (5) A person "falsely completes" a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

      (6) A person "falsely alters" a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

      (7) "Forged instrument" means a written instrument which has been falsely made, completed or altered.

      (1969, P.A. 828, S. 139.)

      Cited. 235 C. 502, 504.

      Cited. 11 CA 161, 162, 165. Cited. 47 CA 1.

      Cited. 34 CS 606, 610.

      Subsec. (1):

      Cited. 37 CA 72, 79.

      Subsec. (2):

      Cited. 207 C. 555, 561, 563.

      Cited. 34 CS 606, 611.

      Subsec. (3):

      Cited. 207 C. 555, 561.

      Subsec. (4):

      Cited. 11 CA 161, 162, 166, 167.

      Subsec. (5):

      Cited. 207 C. 555, 561. Cited. 235 C. 502, 512.

      Subsec. (7):

      Cited. 34 CS 606, 611.

      Sec. 53a-138. Forgery in the first degree: Class C felony. (a) A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which he knows to be forged, which is or purports to be, or which is calculated to become or represent if completed: (1) Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality; or (2) part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.

      (b) Forgery in the first degree is a class C felony.

      (1969, P.A. 828, S. 140; P.A. 76-292, S. 1.)

      History: P.A. 76-292 made first degree forgery a Class C, rather than a Class D, felony.

      Cited. 11 CA 161, 162, 166. Cited. 37 CA 72, 80.

      Cited. 34 CS 606, 610. Forgery statute, Sec. 53a-138 et seq. cited. 47 CA 1.

      Sec. 53a-139. Forgery in the second degree: Class D felony. (a) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which he knows to be forged, which is or purports to be, or which is calculated to become or represent if completed: (1) A deed, will, codicil, contract, assignment, commercial instrument or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or (2) a public record or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or (3) a written instrument officially issued or created by a public office, public servant or governmental instrumentality; or (4) a prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

      (b) "Drugs" as used in this section includes all drugs except controlled drugs as defined in section 21a-240.

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

      (1969, P.A. 828, S. 141; 1971, P.A. 871, S. 38; P.A. 76-292, S. 2.)

      History: 1971 act removed exception re narcotic drugs in Subsec. (b); P.A. 76-292 made second degree forgery a Class D felony rather than a Class A misdemeanor.

      Cited. 201 C. 125, 126. Cited. 207 C. 555, 560. Defendant may be found guilty of forgery in the second degree if the state establishes that defendant, with intent to deceive another, falsely made, possessed or altered a written instrument that he or she knew to be forged. 252 C. 229.

      Cited. 8 CA 342, 343. Cited. 11 CA 161, 162, 166. Cited. 28 CA 521, 523, 530, 532. Cited. 37 CA 72, 80. Cited. 42 CA 790. Forgery statute, Sec. 53a-138 et seq. Cited. 47 CA 1.

      Cited. 34 CS 606, 610.

      Subsec. (a):

      Subdiv. (1). Cited. 169 C. 581. Subdiv. (2) cited. 195 C. 421, 423. Subdiv. (2) cited. 198 C. 68, 69. Subdiv. (1) cited. Id., 158, 160. Subdiv. (2) cited. 199 C. 146, 148. Cited. 201 C. 125, 149, 151, 153. Subdiv. (2) cited. Id., 125, 149, 150. Subdiv. (1) cited. 207 C. 555, 556, 559. Subdiv. (1) cited. 235 C. 469, 470.

      Subdiv. (2) cited. 5 CA 473, 474. Subdiv. (1) cited. 14 CA 1, 2. Subdiv. (2) cited. 24 CA 493, 494. Subdiv. (3) cited. Id. Cited. 28 CA 521, 523. Subdiv. (1) cited. 37 CA 72, 78. Subdiv. (1) cited. 42 CA 790. Subdiv. (2) cited. 47 CA 1.

      Sec. 53a-140. Forgery in the third degree: Class B misdemeanor. (a) A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument, or issues or possesses any written instrument which he knows to be forged.

      (b) Forgery in the third degree is a class B misdemeanor.

      (1969, P.A. 828, S. 142; 1971, P.A. 871, S. 39.)

      History: 1971 act referred to issuance of instrument which person knows to be forged rather than to alteration of such an instrument.

      Cited. 194 C. 233, 234. Cited. 204 C. 441, 444. Cited. 207 C. 109, 110. Cited. 232 C. 431, 433, 437; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. 235 C. 469, 470.

      Cited. 8 CA 342, 343. Cited. 11 CA 161, 162, 166. Cited. 33 CA 339, 349; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. 37 CA 72, 73, 78-80. Cited. Id., 437, 442. Cited. 42 CA 790. Forgery statute, Sec. 53a-138 et seq. cited. 47 CA 1.

      Subsec. (a):

      Cited. 194 C. 233, 238. Cited. 232 C. 431, 433; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. 235 C. 502, 504, 509, 512.

      Cited. 33 CA 339, 340, 349; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. 37 CA 437, 442. Cited. 42 CA 790.

      Cited. 34 CS 606, 610. Cited. Id., 656, 660.

      Sec. 53a-141. Criminal simulation: Class A misdemeanor. (a) A person is guilty of criminal simulation when: (1) With intent to defraud, he makes or alters any object in such manner that it appears to have an antiquity, rarity, source or authorship which it does not in fact possess; or (2) with knowledge of its true character and with intent to defraud, he issues or possesses an object so simulated.

      (b) Criminal simulation is a class A misdemeanor.

      (1969, P.A. 828, S. 143.)

      Cited. 11 CA 161, 166. Forgery statute, Sec. 53a-138 et seq. cited. 47 CA 1.

      Sec. 53a-142. Forgery of symbols: Class A misdemeanor. (a) A person is guilty of forgery of symbols of value when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which he knows to be forged, which is or purports to be, or which is calculated to become or represent if completed part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services.

      (b) Forgery of symbols of value is a class A misdemeanor.

      (1969, P.A. 828, S. 144.)

      Cited. 11 CA 161, 162, 166. Forgery statute, Sec. 53a-138 et seq. cited. 47 CA 1.

      Sec. 53a-143. Unlawfully using slugs: Definitions. The following definitions are applicable to sections 53a-144 and 53a-145:

      (1) "Coin machine" means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed (A) to receive a coin or bill or token made for the purpose, and (B) in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in providing or to permit the acquisition of some property or some service.

      (2) "Slug" means an object or article which, by virtue of its size, shape or any other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token.

      (3) "Value" of a slug means the value of the coin, bill or token for which it is capable of being substituted.

      (1969, P.A. 828, S. 145.)

      Cited. 11 CA 161, 166.

      Sec. 53a-144. Unlawfully using slugs in the first degree: Class B misdemeanor. (a) A person is guilty of unlawfully using slugs in the first degree when he makes, possesses or disposes of slugs with intent to enable a person to insert or deposit them in a coin machine, and the value of such slugs exceeds one hundred dollars.

      (b) Unlawfully using slugs in the first degree is a class B misdemeanor.

      (1969, P.A. 828, S. 146.)

      Cited. 11 CA 161, 166.

      Sec. 53a-145. Unlawfully using slugs in the second degree: Class C misdemeanor. (a) A person is guilty of unlawfully using slugs in the second degree when: (1) With intent to defraud the owner of a coin machine, he inserts or deposits a slug in such machine; or (2) he makes, possesses or disposes of a slug with intent to enable a person to insert or deposit it in a coin machine.

      (b) Unlawfully using slugs in the second degree is a class C misdemeanor.

      (1969, P.A. 828, S. 147.)

      Cited. 11 CA 161, 166. Cited. 12 CA 74, 78.

      Sec. 53a-146. Definitions. For purposes of this part:

      (1) An "official proceeding" is any proceeding held or which may be held before any legislative, judicial, administrative or other agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner or notary or other person taking evidence in connection with any proceeding.

      (2) "Benefit" means monetary advantage, or anything regarded by the beneficiary as a monetary advantage, including benefit to any person or entity in whose welfare the beneficiary is interested.

      (3) "Public servant" is an officer or employee of government, elected or appointed, and any person participating as advisor, consultant or otherwise, paid or unpaid, in performing a governmental function.

      (4) "Government" includes any branch, subdivision or agency of the state or any locality within it.

      (5) "Labor official" means any duly appointed or elected representative of a labor organization or any duly appointed or elected trustee or representative of an employee welfare trust fund.

      (6) "Witness" is any person summoned, or who may be summoned, to give testimony in an official proceeding.

      (7) "Juror" is any person who has been drawn or summoned to serve or act as a juror in any court.

      (8) "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding.

      (9) "Person selected to be a public servant" means any person who has been nominated or appointed to be a public servant.

      (1969, P.A. 828, S. 148; P.A. 80-479, S. 1; P.A. 99-240, S. 12.)

      History: P.A. 80-479 substituted "monetary advantage" for "gain or advantage" in Subdiv. (2), specified "paid or unpaid" advisors or consultants in Subdiv. (3) and added Subdiv. (9) defining "person selected to be a public servant"; P.A. 99-240 made definitions applicable to new Sec. 53a-151a but specific reference not added since said Sec. already included in existing reference to "this part" and made a technical change in Subdiv. (2) for purposes of gender neutrality.

      Cited. 200 C. 664, 668.

      Cited. 2 CA 204, 209.

      Subsec. (3):

      Cited. 172 C. 458, 468. Cited. 201 C. 379, 385.

      Cited. 22 CA 449, 456. Cited. 40 CA 643, 669.

      Sec. 53a-147. Bribery: Class C felony. (a) A person is guilty of bribery if he promises, offers, confers or agrees to confer upon a public servant or a person selected to be a public servant, any benefit as consideration for the recipient's decision, opinion, recommendation or vote as a public servant or a person selected to be a public servant.

      (b) Bribery is a class C felony.

      (1969, P.A. 828, S. 149; P.A. 80-479, S. 2; P.A. 03-259, S. 46.)

      History: P.A. 80-479 included bribery of persons selected to be public servants in provisions and bribery consisting of promises of benefits for recipient's decision, opinion, recommendation of vote, deleting reference to "other exercise of discretion"; P.A. 03-259 amended Subsec. (b) to change bribery from a class D felony to a class C felony.

      Offense of offering gratuity requires element of proof, specific intent, which is not needed to prove greater offense of bribery. 172 C. 458, 467. It is no defense for crime of bribery that police officer had no authority to take action desired by bribe given. Id., 458, 468. Covers crime of bribery in broad terms and is not limited to administration of justice and attempts to influence legislation. Id. Cited., 458, 460, 465-469. 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. Cited. 5 CA 125, 129. Cited. 9 CA 15, 16. Cited. 14 CA 322, 329. Cited. 21 CA 386, 387.

      Sec. 53a-148. Bribe receiving: Class C felony. (a) A public servant or a person selected to be a public servant is guilty of bribe receiving if he solicits, accepts or agrees to accept from another person any benefit for, because of, or as consideration for his decision, opinion, recommendation or vote.

      (b) Bribe receiving is a class C felony.

      (1969, P.A. 828, S. 150; P.A. 80-479, S. 3; P.A. 92-260, S. 61; P.A. 03-259, S. 47.)

      History: P.A. 80-479 applied provisions to persons selected to be public servants and reworded Subsec. (a); P.A. 92-260 amended Subsec. (a) to replace "another" with "another person"; P.A. 03-259 amended Subsec. (b) to change bribe receiving from a class D felony to a class C felony.

      Offense under Sec. 29-9 is not a lesser included offense. 201 C. 379, 381-385. Cited. 208 C. 411, 413. Cited. 214 C. 657, 658, 668. Cited. 229 C. 716, 719.

      Cited. 5 CA 125-129. Cited. 14 CA 322, 323. Cited. 17 CA 486, 487. Cited. 22 CA 449, 450, 456.

      Subsec. (a):

      Cited. 14 CA 322, 323, 330. Cited. 20 CA 386, 392. Cited. 22 CA 449, 455.

      Sec. 53a-149. Bribery of a witness: Class C felony. (a) A person is guilty of bribery of a witness if he offers, confers or agrees to confer upon a witness any benefit to influence the testimony or conduct of such witness in, or in relation to, an official proceeding.

      (b) Bribery of a witness is a class C felony.

      (1969, P.A. 828, S. 151; P.A. 03-259, S. 48.)

      History: P.A. 03-259 amended Subsec. (b) to change bribery of a witness from a class D felony to a class C felony.

      Subsec. (a):

      Cited. 192 C. 98, 99.

      Cited as 53a-149a [sic]. 12 CA 74, 75, 83.

      Sec. 53a-150. Bribe receiving by a witness: Class C felony. (a) A witness is guilty of bribe receiving by a witness if he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his testimony or conduct in, or in relation to, any official proceeding.

      (b) Bribe receiving by a witness is a class C felony.

      (1969, P.A. 828, S. 152; P.A. 03-259, S. 51.)

      History: P.A. 03-259 amended Subsec. (b) to change bribe receiving by a witness from a class D felony to a class C felony.

      Sec. 53a-151. Tampering with a witness: Class C felony. (a) A person is guilty of tampering with a witness if, believing that an official proceeding is pending or about to be instituted, he induces or attempts to induce a witness to testify falsely, withhold testimony, elude legal process summoning him to testify or absent himself from any official proceeding.

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

      (1969, P.A. 828, S. 153; P.A. 03-259, S. 52.)

      History: P.A. 03-259 amended Subsec. (b) to change tampering with a witness from a class D felony to a class C felony.

      Cited. 193 C. 526, 531. Cited. 196 C. 242, 251. Cited. 197 C. 369, 370. Cited. 200 C. 664-672. Cited. 204 C. 330, 331. Cited. 228 C. 147, 149. Cited. Id., 918. Cited. 230 C. 686, 688, 690, 694. Cited. Id., 698, 723.

      Cited. 1 CA 647. Cited. 12 CA 74, 75, 82. Cited. 26 CA 758, 759. Cited. 30 CA 95, 96; judgment reversed, see 228 C. 147 et seq. Cited. 33 CA 143, 144, 149. Cited. 46 CA 741. Defendant's claim that statute is so vague and indefinite that it violates the due process clause of article first, Sec. 8 of the state constitution and the fourteenth amendment to the U.S. 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. 83 CA 672. As interpreted in our case law, section provides fair warning of the conduct that it prohibits. Id.

      Cited. 39 CS 428, 429. Cited. 41 CS 525, 529, 530. Cited. 43 CS 46, 54.

      Subsec. (a):

      Cited. 230 C. 686, 688.

      Cited. 33 CA 143, 144. Cited. 41 CA 584, 585.

      Subsec. (b):

      Cited. 200 C. 664, 674.

      Sec. 53a-151a. Intimidating a witness: Class C felony. (a) A person is guilty of intimidating a witness when, believing that an official proceeding is pending or about to be instituted, such person uses, attempts to use or threatens the use of physical force against a witness or another person with intent to (1) influence, delay or prevent the testimony of the witness in the official proceeding, or (2) induce the witness to testify falsely, withhold testimony, elude legal process summoning the witness to testify or absent himself or herself from the official proceeding.

      (b) Intimidating a witness is a class C felony.

      (P.A. 99-240, S. 1.)

      Sec. 53a-152. Bribery of a juror: Class C felony. (a) A person is guilty of bribery of a juror if he offers, confers or agrees to confer upon a juror any benefit as consideration for the juror's decision or vote.

      (b) Bribery of a juror is a class C felony.

      (1969, P.A. 828, S. 154; P.A. 73-639, S. 10.)

      History: P.A. 73-639 made bribery of a juror a Class C, rather than a Class D, felony.

      Sec. 53a-153. Bribe receiving by a juror: Class C felony. (a) A juror is guilty of bribe receiving by a juror if he solicits, accepts or agrees to accept from another person any benefit as consideration for his decision or vote.

      (b) Bribe receiving by a juror is a class C felony.

      (1969, P.A. 828, S. 155; P.A. 73-639, S. 11; P.A. 92-260, S. 62.)

      History: P.A. 73-639 made bribe receiving by a juror a Class C, rather than a Class D, felony; P.A. 92-260 amended Subsec. (a) to replace "another" with "another person".

      Sec. 53a-154. Tampering with a juror: Class D felony. (a) A person is guilty of tampering with a juror if he influences any juror in relation to any official proceeding to or for which such juror has been drawn, summoned or sworn.

      (b) Tampering with a juror is a class D felony.

      (1969, P.A. 828, S. 156.)

      Subsec. (a):

      Subdiv. (2). Cited. 170 C. 601, 602.

      Cited. 38 CS 464, 465.

      Sec. 53a-155. Tampering with or fabricating physical evidence: Class D felony. (a) A person is guilty of tampering with or fabricating physical evidence if, believing that an official proceeding is pending, or about to be instituted, he: (1) Alters, destroys, conceals or removes any record, document or thing with purpose to impair its verity or availability in such proceeding; or (2) makes, presents or uses any record, document or thing knowing it to be false and with purpose to mislead a public servant who is or may be engaged in such official proceeding.

      (b) Tampering with or fabricating physical evidence is a class D felony.

      (1969, P.A. 828, S. 157.)

      Cited. 1 CA 540, 542, 543. Cited. 6 CA 394. Cited. 25 CA 624, 625.

      Subsec. (a):

      Subdiv. (1) cited. 214 C. 540, 541, 547, 549, 551. Cited. Id., 540, 547-549, 551. Subdiv. (1) cited. 236 C. 514, 516. Cited. 237 C. 339, 341.

      Subdiv. (1) cited. 1 CA 540, 541, 548.

      Sec. 53a-156. Perjury: Class D felony. (a) A person is guilty of perjury if, in any official proceeding, he intentionally, under oath, makes a false statement, swears, affirms or testifies falsely, to a material statement which he does not believe to be true.

      (b) Perjury is a class D felony.

      (1969, P.A. 828, S. 158.)

      Cited. 175 C. 279. 291. Cited. 189 C. 92, 93. Cited. 200 C. 243, 251. One-witness-plus-corroboration rule discussed. 204 C. 472, 479, 480.

      Cited. 4 CA 359, 360. Cited. 5 CA 552. Cited. 17 CA 395, 396.

      Subsec. (a):

      Cited. 193 C. 474, 497. Cited. 204 C. 472, 473.

      Cited. 5 CA 552. Cited. 10 CA 605, 606.

      Subsec. (b):

      Cited. 9 CA 686, 728.

      Sec. 53a-157. Transferred to Sec. 53a-157b.

      Sec. 53a-157a. False statement in the first degree: Class D felony. (a) A person is guilty of false statement in the first degree when he intentionally makes a false written statement on a certified payroll submitted pursuant to section 31-53 which he does not believe to be true and which statement is intended to mislead a contracting authority or the labor commissioner in the exercise of his authority or the fulfillment of his duties under chapter 557.

      (b) False statement in the first degree is a class D felony.

      (P.A. 93-392, S. 7.)

      Sec. 53a-157b. (Formerly Sec. 53a-157). False statement in the second degree: Class A misdemeanor. (a) A person is guilty of false statement in the second degree when he intentionally makes a false written statement under oath or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable, which he does not believe to be true and which statement is intended to mislead a public servant in the performance of his official function.

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

      (1969, P.A. 828, S. 159; P.A. 93-392, S. 6.)

      History: P.A. 93-392 amended Subsecs. (a) and (b) to classify the intentional making of a false written statement other than on a certified payroll as false statement "in the second degree"; Sec. 53a-157 transferred to Sec. 53a-157b in 1995.

      Annotations to former section 53a-157:

      Cited. 186 C. 265, 269. Cited (Diss. Op.). 187 C. 544, 569. Cited. 200 C. 310, 312. Cited. Id., 743, 755. Cited. 221 C. 93, 101. Cited. 227 C. 1, 23. Cited. 238 C. 588.

      Cited. 9 CA 686, 728. Cited. 28 CA 733, 737. Cited. 34 CA 694, 702. Cited. 35 CA 714, 716. Cited. 36 CA 556, 563, 564.

      Cited. 38 CS 340, 341. Cited. 40 CS 145, 148.

      Subsec. (a):

      Cited. 233 C. 527, 529.

      Cited. 6 CA 143, 146. Cited. 34 CA 694, 695.

      Cited. 38 CS 695-697, 700.

      Subsec. (b):

      Cited. 9 CA 686, 727.

      Annotations to present section:

      Cited. 233 C. 527, 529. Cited. 235 C. 679, 682.

      Subsec. (a):

      Cited. 233 C. 527, 529.

      Sec. 53a-158. Bribery of a labor official: Class D felony. (a) A person is guilty of bribery of a labor official if he offers, confers or agrees to confer upon a labor official any benefit with intent to influence him in respect to any of his acts, decisions or duties as such labor official.

      (b) Bribery of a labor official is a class D felony.

      (1969, P.A. 828, S. 160.)

      Sec. 53a-159. Bribe receiving by a labor official: Class D felony. (a) A labor official is guilty of bribe receiving by a labor official if he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence him in respect to any of his acts, decisions or duties as such labor official.

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

      (1969, P.A. 828, S. 161.)

      Cited. 229 C. 479, 283.

      Sec. 53a-160. Commercial bribery: Class D felony. (a) A person is guilty of commercial bribery when he confers, or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs.

      (b) Commercial bribery is a class D felony.

      (1969, P.A. 828, S. 162; P.A. 03-259, S. 44.)

      History: P.A. 03-259 amended Subsec. (b) to change commercial bribery from a class A misdemeanor to a class D felony.

      Cited. 14 CA 236, 241.

      Sec. 53a-161. Receiving a commercial bribe: Class D felony. (a) An employee, agent or fiduciary is guilty of receiving a commercial bribe when, without consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.

      (b) Receiving a commercial bribe is a class D felony.

      (1969, P.A. 828, S. 163; P.A. 03-259, S. 45.)

      History: P.A. 03-259 amended Subsec. (b) to change receiving a commercial bribe from a class A misdemeanor to a class D felony.

      Cited. 229 C. 479, 483.

      Subsec. (a):

      Subdiv. (5) cited. 37 CA 500, 501, 509; judgment reversed in part, see 237 C. 633 et seq.

      Subsec. (b):

      Cited. 20 CA 386, 392.

      Sec. 53a-161a. Bid rigging: Class D felony. No person, firm, corporation, association or partnership who bids, or intends to bid, for any contract to be awarded by any commission, agency or department of the state or any political subdivision of the state shall induce or attempt to induce any other person, firm, corporation, association or partnership to submit or not to submit a bid or proposal for the purpose of restricting competition. Any person who violates the provisions of this section shall be guilty of a class D felony.

      (P.A. 80-454, S. 1.)

      Sec. 53a-161b. Disclosure of bid or proposal: Class A misdemeanor. Unless otherwise required by law, the prices quoted in a bid or proposal for any contract to be awarded by any commission, agency or department of the state or any political subdivision of the state shall not be disclosed by the bidder or offeror prior to the opening, in the case of a bid, or prior to the award, in the case of a proposal, directly or indirectly to any other bidder or offeror or to any competitor. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.

      (P.A. 80-454, S. 2.)

      Cited. 14 CA 322, 328, 330.

      Sec. 53a-161c. Receiving kickbacks: Class D felony. (a) A person is guilty of receiving kickbacks when he: (1) By force, intimidation or threat of procuring dismissal from employment induces any person who is employed in the construction, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the state, or who has a contract with the state, to give up any part of the compensation to which he is entitled; (2) knowingly solicits, accepts or agrees to accept any benefit, in cash or in kind, from another person upon an agreement or understanding that such benefit will influence such person's conduct in relation to referring an individual or arranging for the referral of an individual for the furnishing of any goods, facilities or services to such other person under contract to provide goods, facilities or services to a local, state or federal agency; or (3) by force, intimidation or threat, such person induces another person who has a contract with the state to give up any part of the compensation to which such other person is entitled. For the purposes of this section and section 53a-161d, "refer" means to send, direct or recommend and "referral" means the act of sending, directing or recommending. For purposes of this subsection, "benefit" shall not include forms of remuneration listed in 42 CFR Section 1001.952.

      (b) Receiving kickbacks is a class D felony.

      (P.A. 80-290; P.A. 96-169, S. 11.)

      History: P.A. 96-169 substituted "when he: (1) By" for "whenever he by", added Subdivs. (2) and (3) and added definitions of "refer", "referral" and "benefit".

      Cited. 229 C. 479, 482, 483.

      Sec. 53a-161d. Paying a kickback: Class D felony. (a) A person is guilty of paying a kickback when he knowingly offers or pays any benefit, in cash or kind, to any person with intent to influence such person: (1) To refer an individual, or to arrange for the referral of an individual, for the furnishing of any goods, facilities or services for which a claim for benefits or reimbursement has been filed with a local, state or federal agency; or (2) to purchase, lease, order or arrange for or recommend the purchasing, leasing or ordering of any goods, facilities or services for which a claim of benefits or reimbursement has been filed with a local, state or federal agency.

      (b) Paying a kickback is a class D felony.

      (P.A. 96-169, S. 12; June Sp. Sess. P.A. 98-1, S. 38, 121.)

      History: June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a), effective June 24, 1998.

      Sec. 53a-162. Rigging: Class D felony. (a) A person is guilty of rigging if, with intent to prevent a publicly exhibited sporting or other contest from being conducted in accordance with the rules and usages purporting to govern it, he: (1) Confers or offers or agrees to confer any benefit upon, or threatens any injury to, a participant, official or other person associated with the contest or exhibition; or (2) tampers with any person, animal or thing.

      (b) Rigging is a class D felony.

      (1969, P.A. 828, S. 164.)

      Sec. 53a-163. Soliciting or accepting benefit for rigging: Class A misdemeanor. (a) A person is guilty of soliciting or accepting benefit for rigging if he knowingly solicits, accepts or agrees to accept any benefit the giving of which would be criminal under section 53a-162.

      (b) Soliciting or accepting benefit for rigging is a class A misdemeanor.

      (1969, P.A. 828, S. 165.)

      Sec. 53a-164. Participation in a rigged contest: Class A misdemeanor. (a) A person is guilty of participation in a rigged contest if he knowingly engages in, sponsors, produces, judges or otherwise participates in a publicly exhibited sporting or other contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct which would be criminal under section 53a-162.

      (b) Participation in a rigged contest is a class A misdemeanor.

      (1969, P.A. 828, S. 166; 1971, P.A. 871, S. 40.)

      History: 1971 act substituted "section 53a-162" for "this section" in Subsec. (a).

      Sec. 53a-165. Hindering prosecution defined. As used in sections 53a-165aa, 53a-166 and 53a-167, a person "renders criminal assistance" when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, another person whom such person knows or believes has committed a felony or is being sought by law enforcement officials for the commission of a felony, or with intent to assist another person in profiting or benefiting from the commission of a felony, such person: (1) Harbors or conceals such other person; or (2) warns such other person of impending discovery or apprehension; or (3) provides such other person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or (4) prevents or obstructs, by means of force, intimidation or deception, any person from performing an act which might aid in the discovery or apprehension of such other person or in the lodging of a criminal charge against such other person; or (5) suppresses, by an act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such other person or in the lodging of a criminal charge against such other person; or (6) aids such other person to protect or expeditiously profit from an advantage derived from such crime.

      (1969, P.A. 828, S. 167; P.A. 02-97, S. 6.)

      History: P.A. 02-97 made definition applicable to Sec. 53a-165aa and made technical changes, including changes for purposes of gender neutrality.

      Cited. 223 C. 595, 604.

      Subdiv. (4):

      Cited. 205 C. 17, 18.

      Subdiv. (5):

      Cited. 7 CA 470, 471, 476.

      Secs. 53a-165a to 53a-165z. Reserved for future use.

      Sec. 53a-165aa. Hindering prosecution in the first degree: Class C felony. (a) A person is guilty of hindering prosecution in the first degree when such person renders criminal assistance to another person who has committed a class A or B felony or an unclassified felony for which the maximum penalty is imprisonment for more than ten years and such other person committed such felony with intent to intimidate or coerce the civilian population or a unit of government.

      (b) Hindering prosecution in the first degree is a class C felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 02-97, S. 3.)

      Sec. 53a-166. Hindering prosecution in the second degree: Class C felony. (a) A person is guilty of hindering prosecution in the second degree when such person renders criminal assistance to another person who has committed a class A or class B felony or an unclassified felony for which the maximum penalty is imprisonment for more than ten years.

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

      (1969, P.A. 828, S. 168; P.A. 78-37, S. 1; P.A. 02-97, S. 4; P.A. 03-259, S. 49.)

      History: P.A. 78-37 classified rendering assistance to person who committed an unclassified offense punishable by maximum imprisonment of more than ten years as hindering prosecution in the first degree; P.A. 02-97 changed the name of the offense from "hindering prosecution in the first degree" to "hindering prosecution in the second degree" and made technical changes, including a change for purposes of gender neutrality; P.A. 03-259 amended Subsec. (b) to change hindering prosecution in the second degree from a class D felony to a class C felony.

      Cited. 200 C. 310, 316. Cited. 223 C. 595, 604.

      Cited. 7 CA 470, 471, 473, 474, 476. Cited. 22 CA 601, 602, 606.

      Cited. 38 CS 521, 523.

      Subsec. (a):

      Cited. 28 CA 721, 722, 733.

      Sec. 53a-167. Hindering prosecution in the third degree: Class D felony. (a) A person is guilty of hindering prosecution in the third degree when such person renders criminal assistance to another person who has committed a class C or class D felony or an unclassified felony for which the maximum penalty is imprisonment for ten years or less but more than one year.

      (b) Hindering prosecution in the third degree is a class D felony.

      (1969, P.A. 828, S. 169; P.A. 78-37, S. 2; P.A. 02-97, S. 5; P.A. 03-259, S. 50.)

      History: P.A. 78-37 classified assisting person who committed an unclassified offense punishable by maximum imprisonment of one to ten years as hindering prosecution in the second degree; P.A. 02-97 changed the name of the offense from "hindering prosecution in the second degree" to "hindering prosecution in the third degree" and made technical changes, including a change for purposes of gender neutrality; P.A. 03-259 amended Subsec. (b) to change hindering prosecution in the third degree from a class A misdemeanor to a class D felony.

      Cited. 205 C. 17, 18.

      Cited. 1 CA 540, 543. Cited. 30 CA 712, 713.

      Sec. 53a-167a. Interfering with an officer: Class A misdemeanor. (a) A person is guilty of interfering with an officer when such person obstructs, resists, hinders or endangers any peace officer or firefighter in the performance of such peace officer's or firefighter's duties.

      (b) Interfering with an officer is a class A misdemeanor.

      (1971, P.A. 871, S. 50; P.A. 76-225; P.A. 01-84, S. 11, 26.)

      History: P.A. 76-225 reworded Subsec. (a) to eliminate redundant reference to interference with peace officer or fireman and made interference with an officer a Class A misdemeanor rather than a Class D felony; P.A. 01-84 amended Subsec. (a) to replace "fireman" with "firefighter" and make other technical changes for purposes of gender neutrality, effective July 1, 2001.

      Annotation to former section 53-165:

      Cited. 168 C. 395.

      Annotations to present section:

      Cited. 182 C. 242, 244. Cited. 189 C. 1. Cited. 191 C. 433, 435. Cited. 194 C. 347, 350. Cited. 195 C. 668, 676. Cited. 198 C. 43, 44. Cited. 205 C. 456, 457, 459, 467-469, 471-474. Cited. 211 C. 389, 391. Cited. 220 C. 38, 40. Cited. 230 C. 400, 402. Cited. 234 C. 78, 80, 81. Cited. 236 C. 214, 215.

      Cited. 1 CA 540, 543. Cited. 1 CA 709, 718. Cited. 5 CA 616, 618-622. Statute meets requirement of fair notice to defendant. 6 CA 407, 408, 411, 415, 416. Cited. 7 CA 257, 258. Cited. 8 CA 153, 154, 157. Cited. 10 CA 486, 494. Cited. Id., 532, 534. Cited. 12 CA 364, 365. Cited. 14 CA 10, 12, 20, 29. Cited. 15 CA 58, 59. Cited. Id., 161, 182. Cited. 18 CA 104, 106. Cited. 21 CA 326. Cited. 22 CA 10, 11. Cited. Id., 683, 685. Cited. 23 CA 83, 84. Cited. Id., 447-449. Cited. Id., 479, 480, 483. Cited. 24 CA 473, 474; judgment reversed in part, see 221 C. 788 et seq. Cited. Id., 598, 599, 606-608. Cited. 27 CA 49, 50, 55, 56. Cited. Id., 103, 104, 108, 113. Cited. 28 CA 369, 370. Cited. 30 CA 45, 46. Cited. 31 CA 178, 180. Cited. 36 CA 106, 108; judgment reversed, see 234 C. 78 et seq. Cited. 37 CA 276, 277, 296-298. Cited. 38 CA 56, 58. Cited. 40 CA 601, 602, 609, 613. Cited. 42 CA 507. Cited. 43 CA 76. Cited. 45 CA 369. Cited. 46 CA 118. Broad intent is to prohibit conduct that hampers activities of police in performance of their duties, including physical resistance as well as defendant's conduct in this case, in which, after officer saw defendant in window and ordered him at gunpoint to get down and show his hands, defendant reentered building and fled through another window. 66 CA 357.

      Cited. 33 CS 4. Construed. 33 CS 515. Intention to interfere is necessary element of offense; charge to jury also required knowledge of officer's duty; unlawful entry by officer would not be "in the performance of his duties", so proof of lawfulness is essential element of state's case and section 53a-23 is applicable. 34 CS 531. Evidence was sufficient to sustain conviction. Id., 549, 550. Cited. 36 CS 89. Cited. 37 CS 767, 774. Cited. 38 CS 364, 365; id., 400; id., 665, 666. Cited. 39 CS 347, 348. Cited. 43 CS 46, 74.

      Subsec. (a):

      Cited. 205 C. 456, 459. Cited. 221 C. 788, 790. In order to sustain a conviction under statute, there must be a finding that police officers had been acting in the performance of their duties. 261 C. 553.

      Defendant acted with the intent to interfere with the performance of the officers' duties; defendant's act does not have to be successful. 1 CA 669, 670, 679. Cited. Id., 709, 710, 714-720, 722. Cited. 5 CA 496, 497. Cited. Id., 616, 619, 620. Cited. 6 CA 407, 416. Cited. 9 CA 255. Cited. 14 CA 10, 18. Cited. 17 CA 104-106. Cited. 21 CA 260, 261. Cited. 23 CA 123, 125. Cited. 24 CA 195, 196. Cited. Id., 473, 474; judgment reversed in part, see 221 C. 788 et seq. Cited. Id., 489. Cited. 25 CA 3, 5. Cited. 31 CA 178, 180. Cited. 32 CA 224, 238. Cited. 33 CA 509, 510. Cited. 37 CA 276, 277, 295. Cited. 40 CA 601, 602, 610. Cited. 41 CA 584, 585. Cited. 45 CA 369. Cited. 46 CA 791.

      Cited. 39 CS 347, 354.

      Subsec. (c):

      Cited. 13 CA 667, 668.

      Sec. 53a-167b. Failure to assist a peace officer or firefighter: Class A misdemeanor. (a) A person is guilty of failure to assist a peace officer or firefighter when, commanded by a peace officer or firefighter authorized to command assistance, such person refuses to assist such peace officer or firefighter in the execution of such peace officer's or firefighter's duties.

      (b) Failure to assist a peace officer or firefighter is a class A misdemeanor.

      (1971, P.A. 871, S. 51; P.A. 01-84, S. 12, 26.)

      History: P.A. 01-84 replaced "fireman" with "firefighter" and made other technical changes for purposes of gender neutrality, effective July 1, 2001.

      Cited. 216 C. 820. Section not facially unconstitutional under fourth or fourteenth amendments. 217 C. 73-75, 77-79, 81, 83, 87-90, 92, 94. Cited. 218 C. 483-486.

      Cited. 22 CA 683, 684, 686. Cited. 31 CA 443, 447.

      Subsec. (a):

      Cited. 22 CA 683, 684.

      Sec. 53a-167c. Assault of public safety or emergency medical personnel. (a) A person is guilty of assault of public safety or emergency medical personnel when, with intent to prevent a reasonably identifiable peace officer, firefighter or employee of an emergency medical service organization, as defined in section 53a-3, emergency room physician or nurse, employee of the Department of Correction, member of the Board of Pardons and Paroles, probation officer, employee of the judicial branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission of a delinquent act, employee of the Department of Children and Families assigned to provide direct services to children and youth in the care or custody of the department, employee of a municipal police department assigned to provide security at the police department's lockup and holding facility or active individual member of a volunteer canine search and rescue team, as defined in section 5-249, from performing his or her duties, and while such peace officer, firefighter, employee, physician, nurse, member, probation officer or active individual member is acting in the performance of his or her duties, (1) such person causes physical injury to such peace officer, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (2) such person throws or hurls, or causes to be thrown or hurled, any rock, bottle, can or other article, object or missile of any kind capable of causing physical harm, damage or injury, at such peace officer, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (3) such person uses or causes to be used any mace, tear gas or any like or similar deleterious agent against such peace officer, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (4) such person throws or hurls, or causes to be thrown or hurled, any paint, dye or other like or similar staining, discoloring or coloring agent or any type of offensive or noxious liquid, agent or substance at such peace officer, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (5) such person throws or hurls, or causes to be thrown or hurled, any bodily fluid including, but not limited to, urine, feces, blood or saliva at such peace officer, firefighter, employee, physician, nurse, member, probation officer or active individual member.

      (b) Assault of public safety or emergency medical personnel is a class C felony. If any person who is confined in an institution or facility of the Department of Correction is sentenced to a term of imprisonment for assault of an employee of the Department of Correction under this section, such term shall run consecutively to the term for which the person was serving at the time of the assault.

      (P.A. 73-639, S. 19; P.A. 90-157, S. 2; 90-250, S. 2; P.A. 93-246, S. 1; P.A. 94-62; P.A. 98-41; P.A. 99-26, S. 28; 99-204; P.A. 01-84, S. 13, 26; P.A. 03-6, S. 1; 03-19, S. 126; P.A. 04-234, S. 2; 04-241, S. 3; 04-257, S. 120.)

      History: P.A. 90-157 applied provisions to assaults of employees of an emergency medical service organization; P.A. 90-250 applied provisions to employees of the department of correction, specified that assault must occur while peace officer, fireman or correction department employee is acting in performance of his duties and added provision re consecutive sentences for persons sentenced for assault of correction department employees; P.A. 93-246 applied provisions to assault of an employee or member of the board of parole or probation officer; P.A. 94-62 applied the provisions to emergency room physicians and emergency room nurses; P.A. 98-41 applied provisions to an assault of an employee of the Judicial Branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission of a delinquent act or an assault of an employee of the Department of Children and Families performing duties at Long Lane School; P.A. 99-26 revised the category of employees of the Department of Children and Families to which provisions apply by replacing an employee "performing duties at Long Lane School" with an employee "assigned to provide direct services to children and youth in the care or custody of the department"; P.A. 99-204 amended Subsec. (a) to add Subdiv. (5) re throwing or hurling any bodily fluid at specified personnel and changed the name of the offense to "assault of public safety or emergency medical personnel" where appearing; P.A. 01-84 replaced "fireman" with "firefighter" in Subsec. (a), effective July 1, 2001; P.A. 03-6 amended Subsec. (a) to apply provisions to assault of an employee of a municipal police department assigned to provide security at the police department's lockup and holding facility and make a technical change for the purpose of gender neutrality; P.A. 03-19 made a technical change in Subsec. (a), effective May 12, 2003; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-241 applied provisions to assaults of active individual members of volunteer canine search and rescue teams; P.A. 04-257 amended Subsec. (a) to delete reference to an employee of the Board of Parole, effective June 14, 2004.

      See Sec. 53a-59b re assault of an employee of the Department of Correction in the first degree.

      Cited. 214 C. 195, 196. Cited. 231 C. 545-547, 555, 557-559, 562, 563. Cited. 234 C. 78, 80. Cited. 236 C. 31, 33, 36. Cited. 237 C. 454, 455. Cited. Id., 633.

      Cited. 3 CA 353, 354. Cited. 10 CA 486, 494. Cited. 12 CA 364, 365. Cited. 14 CA 10, 12, 29, 36-38. Cited. 27 CA 103, 105. 32 CA 224, 239, 240. Cited. 37 CA 338, 339, 342. Cited. 40 CA 601, 602, 604, 606, 613. Cited. 43 CA 61. Cited. Id., 76. Cited. 46 CA 118. Under Sec. 53a-23, the illegality of an arrest is not a defense to charges under this section which was intended to require an arrestee to submit to an arrest, even though he believes, and may ultimately establish, that the arrest was without probable cause or was otherwise unlawful. It was not intended to require an arrestee to submit to egregiously unlawful conduct - such as an unprovoked assault - by the police in the course of an arrest, whether the arrest was legal or illegal. 79 CA 667.

      Cited. 33 CS 4. Cited. 39 CS 347, 348.

      Subsec. (a):

      Subdiv. (1) cited. 201 C. 605, 606, 628, 630. Subdiv. (1) cited. 205 C. 370, 371. Subdiv. (1) cited. 228 C. 910. Subdiv. (1) cited. 231 C. 545, 547-549, 551-556, 558, 560-563. Subdiv. (1) cited. 233 C. 502, 504, 513. Judgment of appellate court in State v. Wolff, 37 CA 500 reversed in part to affirm judgment of trial court with respect to charges under this section. 237 C. 633. Trial court improperly prevented defendant from offering evidence re first element of the crime, namely, whether the officer was performing his assigned duties when defendant struck him. 255 C. 581. In order to sustain conviction under the statute, there must be a finding that police officers had been acting in the performance of their duties. 261 C. 553.

      Cited. 1 CA 709, 710. Subdiv. (1) cited. 9 CA 169, 171; judgment reversed, see 205 C. 370, 385. Subdiv. (1) cited. 14 CA 10, 11, 16, 18, 21, 36, 38. Subdiv. (2) cited. Id., 10, 11, 16, 18, 21, 36, 38, 39. Cited. Id., 10, 27. Subdiv. (1) cited. 23 CA 160, 161, 172; Id., 315, 316. Cited. Id., 447, 449. Subdiv. (1) cited. Id.; Id., 663, 664. Cited erroneously as Sec. 53-167c(a)(1). 28 CA 469. Subdiv. (1) cited. 30 CA 606, 607, 610. Subdiv. (1) cited. 31 CA 178, 179. Cited. 32 CA 224, 225. Subdiv. (1) cited. Id., 224, 226, 237-243. Subdiv. (2) cited. Id., 224, 238. Subdiv. (1) cited. 33 CA 509, 510. Subdiv. (1) cited. Id., 743, 744, 748B; judgment reversed, see 233 C. 502 et seq. Subdiv. (1) cited. 35 CA 431, 432, 434. Subdiv. (1) cited. Id., 699, 700. Cited. 37 CA 338, 339, 346-348. Subdiv. (1) cited. Id., 338, 347, 348. Subdiv. (1) cited. Id., 500, 501. Subdiv. (1) cited. Id., 635, 636. Subdiv. (1) cited. 38 CA 306, 307. Cited. Id., 306, 315. Subdiv. (1) cited. 39 CA 333, 335. Subdiv. (1) cited. Id., 657, 659. Subdiv. (1) cited. Id., 789, 790. Subdiv. (1) cited. 43 CA 480. Subdiv. (1) cited. Id., 578. Subdiv. (1) cited. 44 CA 264. Subdiv. (1) cited. 46 CA 118. Subdiv. (2) cited. Id.

      Subdiv. (1) cited. 39 CS 347, 353.

      Subsec. (b):

      Cited. 231 C. 545, 557.

      Cited. 32 CA 224, 239. Legislature intended to deter all prisoners being held in Connecticut facilities, whether there temporarily or for duration of a sentence, from assaulting employees of those facilities and therefore trial court lacked discretion to impose a sentence concurrent to defendant's federal sentence. 63 CA 386.

      Sec. 53a-167d. Assault of a prosecutor: Class C felony. (a) A person is guilty of assault of a prosecutor when such person, with intent to intimidate or harass, or to retaliate against, another person on account of the performance by such other person of such other person's duties as a prosecutor employed by the Division of Criminal Justice, causes physical injury to such other person.

      (b) Assault of a prosecutor is a class C felony.

      (P.A. 01-25.)

      Sec. 53a-168. Escape: Definitions. For purposes of sections 53a-169 to 53a-171, inclusive:

      (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.

      (1969, P.A. 828, S. 170; 1971, P.A. 871, S. 41; P.A. 80-216, S. 1.)

      History: 1971 act replaced reference to Sec. 53a-170 with reference to Sec. 53a-171; P.A. 80-216 clarified meaning of custody as it applies to probate court orders.

      Cited. 240 C. 97.

      Cited. 37 CA 276, 284.

      Subdiv. (2):

      Cited. 37 CA 276, 281. Cited. Id., 733, 735, 744.

      Sec. 53a-169. Escape in the first degree: Class C felony. (a) A person is guilty of escape in the first degree (1) if he escapes from a correctional institution or (2) if he escapes from any public or private, nonprofit halfway house, group home or mental health facility or community residence to which he was transferred pursuant to subsection (e) of section 18-100 or section 18-100c and he is in the custody of the Commissioner of Correction or is required to be returned to the custody of said commissioner upon his release from such facility or (3) if he escapes from a work detail or school on the premises of the correctional institution or (4) if he fails to return from a furlough authorized under section 18-101a or (5) if he fails to return from work release or education release as authorized under sections 18-90a and 18-100 or (6) if he escapes from a hospital for mental illness in which he has been confined under the provisions of section 17a-582, 17a-584, 17a-593, 17a-594 or 17a-596 or (7) if, while under the jurisdiction of the Psychiatric Security Review Board, but not confined to a hospital for mental illness, he leaves the state without authorization of the board.

      (b) Escape in the first degree is a class C felony.

      (1969, P.A. 828, S. 171; P.A. 73-639, S. 12; P.A. 74-338, S. 47, 94; P.A. 78-92, S. 2; P.A. 80-216, S. 2; P.A. 82-12; P.A. 84-236, S. 1; P.A. 85-506, S. 25, 32; P.A. 89-383, S. 2, 16; P.A. 98-39.)

      History: P.A. 73-639 replaced offense of escape from a correctional institution with offense of escape in the first degree which includes escapes from correctional institutions and escapes from work details or schools on institution premises; P.A. 74-338 specified failure to return from furlough as first degree escape; P.A 78-92 specified escapes from halfway house, group home or mental health facility and failure to return from work-release or education release as first degree escape; P.A. 80-216 specified escape from halfway house, group home or mental health facility is first degree escape if escapee is in correction commissioner's custody or is to be returned to his custody upon release from the facility; P.A. 82-12 amended Subsec. (a) by adding Subdiv. (6) concerning a person who escapes from a state hospital or treatment facility; P.A. 84-236 amended Subdiv. (2) of Subsec. (a) to include escapes from community residences; P.A. 85-506 amended Subdiv. (6) of Subsec. (a) to replace "state hospital or other treatment facility" with "hospital for mental illness" and replace reference to repealed Sec. 53a-47 with "section 17-257c, 17-257e, 17-257n, 17-257o or 17-257q", and added Subdiv. (7) concerning a person under the jurisdiction of the psychiatric security review board who leaves the state; P.A. 89-383 amended Subdiv. (2) of Subsec. (a) to include a person who escapes from his abode to which he was released pursuant to Subsec. (f) of Sec. 18-100, effective July 5, 1989, to July 1, 1994 (Revisor's note: The amendment to this section contained in P.A. 89-393 was deleted by the Revisors following its expiration on July 1, 1994); P.A. 98-39 amended Subdiv. (2) of Subsec. (a) to add reference to Sec. 18-100c.

      See Sec. 18-101a re consideration of prisoner's failure to return from furlough as crime of escape.

      Illegal confinement is no defense to escape from correctional institution. 169 C. 438, 441. Cited. 184 C. 157, 166. Held constitutional as to both due process and equal protection clauses of fourteenth amendment to U.S. constitution. Id., 222- 225. Defendant's acts did not constitute violation of statute as it was amended as of date of acts as he was not then under jurisdiction of commissioner of correction. 185 C. 517, 519, 522, 523, 525, 526. Cited. 216 C. 402, 405, 406, 408, 409, 411. Cited. 226 C. 497, 499. Cited. 234 C. 301, 309.

      Cited. 36 CA 440, 445. Cited. 39 CA 333, 336. Cited. Id., 407, 410. Cited. Id., 789, 790.

      Cited. 35 CS 544, 547.

      Subsec. (a):

      Subdiv. (3) cited. 184 C. 222, 223, 226. Subdiv. (2) cited. 213 C. 38, 48. Subdiv. (2): Proof of single failure to report insufficient to prove guilt of "escape". 216 C. 402-411. Subdiv. (6) cited. Id., 402, 408. Subdiv. (7) cited. Id. Subdiv. (4) cited. Id., 402, 409. Subdiv. (5) cited. Id. Subdiv. (2): Decision of appellate court in State v. Jemison, 35 CA 1, 2-5, overruled to the extent that it permits conviction for escape to rest solely on jury's finding that defendant repeatedly did not report to supervising officer as scheduled. 234 C. 301, 302, 306, 308-311. Subdiv. (1) cited. 235 C. 748, 751. Subdiv. (2) cited. 236 C. 209, 210. Subdiv. (1) cited. Id., 266, 267. Subdiv. (1) cited. 241 C. 322.

      Subdiv. (2) cited. 29 CA 817, 818. Subdiv. (4) cited. 35 CA 1, 8; see also 234 C. 301 et seq. Subdiv. (5) cited. Id.; see also 234 C. 301 et seq. Subdiv. (1) cited. 36 CA 680, 681. Subdiv. (1) cited. 39 CA 333, 336. Subdiv. (1) cited. Id., 789, 790. Subdiv. (2) cited. Id., 407, 408, 411. Subdiv. (2) cited. Id., 813, 815.

      Subdiv. (3): Equating failure to return from parole with escape held not violative of constitutional right to due process and equal protection. 36 CS 71, 72.

      Sec. 53a-170. Escape in the second degree: Class D felony. (a) A person is guilty of escape in the second degree if he escapes from any correctional institution while employed at work outside such correctional institution.

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

      (1969, P.A. 828, S. 173; P.A. 73-639, S. 14; P.A. 92-260, S. 63.)

      History: P.A. 73-639 substituted "escape in the second degree" for "escape while at work"; P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language.

      Sec. 53a-171. Escape from custody: Class C felony or class A misdemeanor. (a) A person is guilty of escape from custody if such person (1) escapes from custody, or (2) has been convicted as delinquent, has been committed to the Department of Children and Families, and (A) fails to return from a leave authorized under section 17a-8a, or (B) escapes from a state or private facility or institution in which such person has been assigned or placed by the Commissioner of Children and Families.

      (b) If a person has been arrested for, charged with or convicted of a felony, escape from such custody is a class C felony, otherwise, escape from custody is a class A misdemeanor.

      (1969, P.A. 828, S. 172; 1971, P.A. 16; P.A. 00-209, S. 2.)

      History: 1971 act changed escape from custody after arrest or charge for, or conviction of, a felony from a Class D to a Class C felony; P.A. 00-209 amended Subsec. (a) to add Subdiv. (2) re a person who has been convicted as delinquent and fails to return from an authorized leave or escapes from a facility or institution in which such person was assigned or placed and to make technical changes.

      Cited. 173 C. 35, 39, 41, 45. Cited. 188 C. 406, 407. Cited. 196 C. 309-311. Cited. 197 C. 588, 589. Cited. 207 C. 270, 272. Cited. 211 C. 398, 400. Cited. 220 C. 270, 272.

      Cited. 23 CA 160, 161. Cited. Id., 615, 616, 621. Cited. 24 CA 287, 288. Cited. 36 CA 691-694. Cited. 37 CA 276, 278, 280-282, 284. Cited. Id., 733, 735.

      Subsec. (a):

      Cited. 3 CA 684, 685. Cited. 12 CA 604, 605. Cited. 23 CA 160, 161. Cited. 36 CA 691, 692. Cited. 37 CA 276, 278, 282. Cited. Id., 733, 735, 744.

      Subsec. (b):

      Cited. 173 C. 35, 36, 49.

      Cited. 37 CA 276, 285, 286.

      Sec. 53a-171a. Aiding escape from hospital or sanatorium: Class A misdemeanor. (a) A person is guilty of aiding escape from a hospital or sanatorium when he aids the escape from a hospital or sanatorium of any person committed thereto as mentally ill or as drug dependent.

      (b) Aiding escape from a hospital or sanatorium is a class A misdemeanor.

      (1971, P.A. 871, S. 42; P.A. 76-336, S. 11.)

      History: P.A. 76-336 reworded Subsec. (a) for clarity and grammatical sense inserting "when he aids the escape from a hospital or sanatorium".

      Sec. 53a-172. Failure to appear in the first degree: Class D felony. (a) A person is guilty of failure to appear in the first degree when (1) while charged with the commission of a felony and while out on bail or released under other procedure of law, he wilfully fails to appear when legally called according to the terms of his bail bond or promise to appear, or (2) while on probation for conviction of a felony, he wilfully fails to appear when legally called for a violation of probation hearing.

      (b) Failure to appear in the first degree is a class D felony.

      (1969, P.A. 828, S. 174; P.A. 92-260, S. 64; P.A. 98-26, S. 1.)

      History: P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language; P.A. 98-26 amended Subsec. (a) to add Subdiv. (2) re failure to appear for a violation of probation hearing.

      Cited. 176 C. 421, 422, 425-427. Cited. 221 C. 407, 408. Cited. 222 C. 556, 558, 559, 583. Cited. 227 C. 829-831, 845-847. Cited. 229 C. 285, 287. Cited. Id., 529, 543. Cited. 236 C. 112, 114, 135. Cited. 242 C. 296.

      Cited. 4 CA 154-157. Cited. 6 CA 402, 403. Cited. 12 CA 621, 622. Cited. 17 CA 556, 558. Cited. 20 CA 205, 207. Cited. 27 CA 279, 281. Cited. 29 CA 801, 802; judgment reversed, see 229 C. 285 et seq. Cited. 30 CA 190, 192. Cited. 34 CA 191, 193-195, 197, 199. Cited. 36 CA 691, 692. Cited. 37 CA 437, 438. Cited. 39 CA 816, 819. Cited. 43 CA 142. Cited. Id., 552.

      Subsec. (a):

      Cited. 223 C. 283, 285. Cited. 236 C. 112, 114. Cited. 242 C. 296.

      Cited. 13 CA 413, 414. Cited. 24 CA 316, 318. Cited. 25 CA 575, 576. Cited. 30 CA 9, 10. Cited. 34 CA 191, 192, 195. Cited. 37 CA 437, 438, 449. Cited. 39 CA 816, 817. Cited. 41 CA 47-49. Cited. 43 CA 142.

      Sec. 53a-173. Failure to appear in the second degree: Class A misdemeanor. (a) A person is guilty of failure to appear in the second degree when (1) while charged with the commission of a misdemeanor or a motor vehicle violation for which a sentence to a term of imprisonment may be imposed and while out on bail or released under other procedure of law, he wilfully fails to appear when legally called according to the terms of his bail bond or promise to appear, or (2) while on probation for conviction of a misdemeanor or motor vehicle violation, he wilfully fails to appear when legally called for a violation of probation hearing.

      (b) Failure to appear in the second degree is a class A misdemeanor.

      (1969, P.A. 828, S. 175; P.A. 87-343, S. 2, 4; P.A. 92-260, S. 65; P.A. 98-26, S. 2.)

      History: P.A. 87-343 included persons charged with a motor vehicle violation for which a sentence to a term of imprisonment may be imposed; P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language; P.A. 98-26 amended Subsec. (a) to add Subdiv. (2) re failure to appear for a violation of probation hearing.

      Cited. 227 C. 829-831, 845-847. Cited. 234 C. 301, 303.

      Cited. 6 CA 247, 250. Cited. 8 CA 542, 543. Cited. 11 CA 644, 645. Cited. 13 CA 638, 639. Cited. 17 CA 226, 231. Cited. 20 CA 811. Cited. 38 CA 85, 86. Cited. 43 CA 142. Cited. 45 CA 722. Pursuant to section, to support a conviction for failure to appear, state must prove beyond a reasonable doubt either that defendant received and deliberately ignored a notice to appear or that he intentionally embarked on a course of conduct designed to prevent him from receiving such notice. 61 CA 118.

      Cited. 35 CS 587, 588, 596, 597.

      Subsec. (a):

      Cited. 38 CA 85, 86.

      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. (a) Any person not authorized by law who conveys or passes, or causes to be conveyed or passed, into any correctional or humane institution or the grounds or buildings thereof, or to any inmate of such an institution who is outside the premises thereof and known to the person so conveying or passing or causing such conveying or passing to be such an inmate, any controlled drug, as defined in section 21a-240, any intoxicating liquors, any firearm, weapon, dangerous instrument or explosive of any kind, any United States currency, or any rope, ladder or other instrument or device for use in making, attempting or aiding an escape, shall be guilty of a class D felony. The unauthorized conveying, passing or possession of any rope or ladder or other instrument or device, adapted for use in making or aiding an escape, into any such institution or the grounds or buildings thereof, shall be presumptive evidence that it was so conveyed, passed or possessed for such use.

      (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.

      (1969, P.A. 828, S. 176; 1971, P.A. 871, S. 43; 1972, P.A. 12; P.A. 73-639, S. 16.)

      History: 1971 act applied provisions to humane institutions and replaced reference to "narcotic or hypnotic" drugs with reference to "controlled" drugs in Subsec. (a) and added Subsec. (c) re use of false or misleading name in entrance in or attempt to enter a correctional facility; 1972 act specified conveyance of U.S. currency into correctional or humane institution or to one of its inmates as Class D felony; P.A. 73-639 prohibited conveyance of any "dangerous instrument".

      Cited. 42 CA 264.

      Subsec. (a):

      Cited. 42 CA 264.

      Sec. 53a-174a. Possession of weapon or dangerous instrument in correctional institution: Class B felony. (a) A person is guilty of possession of a weapon or dangerous instrument in a correctional institution when, being an inmate of such institution, he knowingly makes, conveys from place to place or has in his possession or under his control any firearm, weapon, dangerous instrument, explosive, or any other substance or thing designed to kill, injure or disable.

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

      (1971, P.A. 871, S. 55; P.A. 73-639, S. 17.)

      History: P.A. 73-639 applied provisions with respect to possession of dangerous instruments.

      Cited. 169 C. 428, 431. Cited. 195 C. 1, 2, 9. Cited. 227 C. 711, 714. Cited. Id., 751, 753. Cited. 230 C. 591, 593. Cited. 240 C. 97.

      Cited. 39 CA 789, 790.

      Subsec. (a):

      Cited. 230 C. 591, 593. Cited. 235 C. 748, 749. Cited. 240 C. 97.

      Cited. 32 CA 448, 449. Cited. 36 CA 41, 42. Cited. 39 CA 789, 790. Cited. 44 CA 499.

      Sec. 53a-175. Riot in the first degree: Class A misdemeanor. (a) A person is guilty of riot in the first degree when simultaneously with six or more other persons he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs.

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

      (1969, P.A. 828, S. 177.)

      Cited. 32 CA 224, 246.

      Sec. 53a-176. Riot in the second degree: Class B misdemeanor. (a) A person is guilty of riot in the second degree when, simultaneously with two or more other persons, he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm.

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

      (1969, P.A. 828, S. 178.)

      Cited. 32 CA 224, 246.

      Sec. 53a-177. Unlawful assembly: Class B misdemeanor. (a) A person is guilty of unlawful assembly when he assembles with two or more other persons for the purpose of engaging in conduct constituting the crime of riot, or when, being present at an assembly which either has or develops such a purpose, he remains there with intent to advance that purpose.

      (b) Unlawful assembly is a class B misdemeanor.

      (1969, P.A. 828, S. 179.)

      Cited. 32 CA 224, 246.

      Sec. 53a-178. Inciting to riot: Class A misdemeanor. (a) A person is guilty of inciting to riot when he advocates, urges or organizes six or more persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm.

      (b) Inciting to riot is a class A misdemeanor.

      (1969, P.A. 828, S. 180; P.A. 92-260, S. 66.)

      History: P.A. 92-260 amended Subsec. (a) to replace "create" with "cause".

      Sec. 53a-179. Criminal advocacy: Class D felony. (a) A person is guilty of criminal advocacy when (1) he advocates the overthrow of the existing form of government of this state or any subdivision thereof by imminent dangerous action, or (2) with knowledge of its contents, he publishes, sells or distributes any document which advocates such imminent dangerous action.

      (b) Criminal advocacy is a class D felony.

      (1969, P.A. 828, S. 181.)

      Annotation to former section 53-1:

      Cited. 325 U.S. 10.

      Annotation to former section 53-5:

      Construed, applied and upheld. 96 C. 607.

      Annotation to former section 53-6:

      Cited. 96 C. 607.

      Annotation to present section:

      Cited. 197 C. 436, 443.

      Sec. 53a-179a. Inciting injury to persons or property: Class C felony. (a) A person is guilty of inciting injury to persons or property when, in public or private, orally, in writing, in printing or in any other manner, he advocates, encourages, justifies, praises, incites or solicits the unlawful burning, injury to or destruction of any public or private property or advocates, encourages, justifies, praises, incites or solicits any assault upon any organization of the armed forces of the United States, as defined by section 27-103, or of this state, as defined by section 27-2, or the police force of this or any other state or upon any officer or member thereof or the organized police or fire departments of any municipality or any officer or member thereof, or the killing or injuring of any class or body of persons, or of any individual.

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

      (1971, P.A. 871, S. 52.)

      Annotations to former section 53-44:

      Cited. 166 C. 81, 83, 88.

      Annotations to present section:

      Cited. 234 C. 78, 80.

      Cited. 36 CA 821, 822. 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):

      Cited. 36 CA 821, 822.

      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, 526, 528, 530, 531, 537. Cited. 43 CS 46, 54, 74.

      Sec. 53a-179b. Rioting at correctional institution: Class B felony. (a) A person is guilty of rioting at a correctional institution when he incites, instigates, organizes, connives at, causes, aids, abets, assists or takes part in any disorder, disturbance, strike, riot or other organized disobedience to the rules and regulations of such institution.

      (b) Rioting at a correctional institution is a class B felony.

      (1971, P.A. 871, S. 53.)

      Cited. 190 C. 143-151. Cited. 227 C. 711-713, 742. Cited. 227 C. 751, 753. Cited. 237 C. 454, 455, 469-471, 474. Cited. 240 C. 97.

      Statute not constitutionally vague or overbroad. 30 CA 224, 227, 229, 230. Cited. 32 CA 224-226, 245-250. Cited. 44 CA 264.

      Subsec. (a):

      Cited. 237 C. 454, 471-474.

      Cited. 30 CA 224, 225, 227. Cited. 32 CA 224, 226. Cited. 39 CA 333, 336.

      Cited. 43 CS 46, 74.

      Sec. 53a-179c. Inciting to riot at correctional institution: Class C felony. (a) A person is guilty of inciting to riot at a correctional institution when he incites, instigates, organizes, connives at, causes, aids, abets or takes part in any meeting of inmates of a correctional institution, the purpose of which is to foment unrest, disorder, disturbance, strike, riot or other organized disobedience to the rules and regulations of the institution.

      (b) Inciting to riot at a correctional institution is a class C felony.

      (1971, P.A. 871, S. 54.)

      Cited. 32 CA 224, 249.

      Sec. 53a-180. Falsely reporting an incident in the first degree: Class D felony. (a) A person is guilty of falsely reporting an incident in the first degree when, knowing the information reported, conveyed or circulated to be false or baseless, such person: (1) Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, catastrophe or emergency under circumstances in which it is likely that public alarm or inconvenience will result; or (2) reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other catastrophe or emergency which did not in fact occur or does not in fact exist.

      (b) Falsely reporting an incident in the first degree is a class D felony.

      (1969, P.A. 828, S. 182; P.A. 81-353, S. 1; Nov. 15 Sp. Sess. P.A. 01-2, S. 1, 9.)

      History: P.A. 81-353 increased the penalty from a class B to a class A misdemeanor; Nov. 15 Sp. Sess. P.A. 01-2 renamed offense by replacing "falsely reporting an incident" with "falsely reporting an incident in the first degree" where appearing, amended Subsec. (a) to make a technical change for purposes of gender neutrality, delete in Subdiv. (1) a false report or warning re a "crime" and delete former Subdiv. (3) re a gratuitous report to a law enforcement officer or agency re an offense or incident, said provision being reenacted as Sec. 53a-180c by same act, and amended Subsec. (b) to increase penalty from a class A misdemeanor to a class D felony, effective January 1, 2002.

      Cited. 188 C. 161, 175. Cited. 200 C. 743, 755. Cited. 216 C. 301, 314. Cited. 219 C. 529, 551. Cited. Id., 557, 564. Cited. 221 C. 93, 101. Cited. 223 C. 635, 666. Cited. 224 C. 627, 644. Cited. 227 C. 1, 23. Cited. 238 C. 588.

      Cited. 14 CA 548, 549. Cited. 19 CA 396, 397. Cited. 29 CA 843, 852. Cited. 36 CA 556, 563, 564.

      Cited. 34 CS 666, 669.

      Subsec. (a):

      Subdiv. (3) cited. 186 C. 265, 268.

      Evidence was sufficient to sustain a guilty verdict under section. 55 CA 475.

      Sec. 53a-180a. Falsely reporting an incident resulting in serious physical injury or death: Class C felony. (a) A person is guilty of falsely reporting an incident resulting in serious physical injury or death when such person commits the crime of falsely reporting an incident in the first degree as provided in section 53a-180 or falsely reporting an incident in the second degree as provided in section 53a-180c, and such false report results in the serious physical injury or death of another person.

      (b) Falsely reporting an incident resulting in serious physical injury or death is a class C felony.

      (P.A. 81-353, S. 2; P.A. 92-260, S. 67; Nov. 15 Sp. Sess. P.A. 01-2, S. 3, 9.)

      History: P.A. 92-260 amended Subsec. (b) to make technical changes in the name of the offense; Nov. 15 Sp. Sess. P.A. 01-2 amended Subsec. (a) to make a technical change for purposes of gender neutrality, replace reference to the crime of "falsely reporting an incident as provided in section 53a-180" with "falsely reporting an incident in the first degree as provided in section 53a-180" and add reference to the crime of "falsely reporting an incident in the second degree as provided in section 53a-180c" and amended Subsec. (b) to increase the penalty from a class D to a class C felony, effective January 1, 2002.

      Sec. 53a-180b. Falsely reporting an incident concerning serious physical injury or death: Class D felony. (a) A person is guilty of falsely reporting an incident concerning serious physical injury or death when such person commits the crime of falsely reporting an incident in the second degree as provided in section 53a-180c and such false report is of the alleged occurrence or impending occurrence of the serious physical injury or death of another person.

      (b) Falsely reporting an incident concerning serious physical injury or death is a class D felony.

      (P.A. 97-147, S. 2; Nov. 15 Sp. Sess. P.A. 01-2, S. 4, 9.)

      History: Nov. 15 Sp. Sess. P.A. 01-2 amended Subsec. (a) to replace "the crime of falsely reporting an incident as provided in section 53a-180" with "the crime of falsely reporting an incident in the second degree as provided in section 53a-180c" and make a technical change for purposes of gender neutrality, effective January 1, 2002.

      Sec. 53a-180c. Falsely reporting an incident in the second degree: Class A misdemeanor. (a) A person is guilty of falsely reporting an incident in the second degree when, knowing the information reported, conveyed or circulated to be false or baseless, such person gratuitously reports to a law enforcement officer or agency (1) the alleged occurrence of an offense or incident which did not in fact occur, (2) an allegedly impending occurrence of an offense or incident which in fact is not about to occur, or (3) false information relating to an actual offense or incident or to the alleged implication of some person therein.

      (b) Falsely reporting an incident in the second degree is a class A misdemeanor.

      (Nov. 15 Sp. Sess. P.A. 01-2, S. 2, 9.)

      History: Nov. 15 Sp. Sess. P.A. 01-2 effective January 1, 2002.

      Secs. 53a-180d to 53a-180z. Reserved for future use.

      Sec. 53a-180aa. Breach of the peace in the first degree: Class D felony. (a) A person is guilty of breach of the peace in the first degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person places a nonfunctional imitation of an explosive or incendiary device or an imitation of a hazardous substance in a public place or in a place or manner likely to be discovered by another person.

      (b) For the purposes of this section: (1) "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 (2) "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

      (c) Breach of the peace in the first degree is a class D felony.

      (Nov. 15 Sp. Sess. P.A. 01-2, S. 5, 9.)

      History: Nov. 15 Sp. Sess. P.A. 01-2 effective January 1, 2002.

      Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person's property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

      (b) Breach of the peace in the second degree is a class B misdemeanor.

      (1969, P.A. 828, S. 183; P.A. 92-260, S. 68; P.A. 98-55; Nov. 15 Sp. Sess. P.A. 01-2, S. 6, 9.)

      History: P.A. 92-260 amended Subsec. (a) to replace in Subdiv. (6) "public, hazardous or physically offensive condition" with "public and hazardous or physically offensive condition" and amended Subsec. (b) to make a technical change in the name of the offense; P.A. 98-55 amended Subsec. (a) to add Subdiv. (7) re placing a nonfunctional imitation of an explosive or incendiary device in a public place and add definition of "public place" and amended Subsec. (b) to add exception making a violation of Subdiv. (7) a class A misdemeanor; Nov. 15 Sp. Sess. P.A. 01-2 renamed offense by replacing "breach of the peace" with "breach of the peace in the second degree" where appearing, amended Subsec. (a) to delete Subdiv. (7) re placing of a nonfunctional imitation of an explosive or incendiary device in a public place, said provision being reenacted as part of Sec. 53a-180aa by same act, and to make technical changes for purposes of gender neutrality and amended Subsec. (b) to delete exception that made a violation of Subsec. (a)(7) a class A misdemeanor, effective January 1, 2002.

      Cited. 190 C. 371, 411. Cited. 191 C. 433, 436. Cited. 194 C. 347, 358, 360. Cited. 195 C. 668, 672, 676. Cited. 205 C. 456, 474. Cited. 217 C. 73, 76. Cited. 237 C. 613. Cited. Id., 633. Cited. 243 C. 115.

      Cited. 3 CA 410, 411. Cited. 6 CA 334, 335. Cited. 6 CA 407, 408. Cited. 9 CA 255. Cited. 10 CA 499, 500. Cited. 12 CA 74, 75, 79. Cited. Id., 306, 308. Cited. Id., 481, 487. Cited. 13 CA 139, 149. Cited. 14 CA 6. Cited. Id., 10, 12, 16. Cited. Id., 548, 549. Cited. 15 CA 641, 642. Cited. 17 CA 234, 236. Cited. Id., 339, 340. Cited. 26 CA 157, 162. Cited. 28 CA 344, 359. Cited. 29 CA 683, 684. Cited. 36 CA 135, 136. Statute found not to be unconstitutionally vague on its face and not to be overbroad. 56 CA 264.

      Cited. 33 CS 93. Cited. 34 CS 548, 549. Obscene gesture must be erotic in a significant way and must appeal to prurient interest in sex or portray sex in patently offensive way. Id., 575. Not unconstitutionally vague or overly broad. 35 CS 587- 590. Cited. 36 CS 89; id., 609, 610. Whether defendant's vituperations addressed to the police officer constituted breach of the peace under statute discussed. 38 CS 349, 352. Cited. 39 CS 359-361. Cited. 43 CS 46, 52, 65.

      Notice of conduct to be precise. 6 Conn. Cir. Ct. 667. History prior to penal code. 6 Conn. Cir. Ct. 668. Cited. Id., 751, 752.

      Subsec. (a):

      Subdiv. (5) cited. 194 C. 347, 358. Cited. 195 C. 668, 676. Cited. 198 C. 43, 44. Subdiv. (5) cited. 205 C. 456, 475, 476. Subdiv. (2) cited. 214 C. 378, 379. Subdiv. (1) cited. 227 C. 153, 155. Subdiv. (1) cited. 233 C. 903. Subdiv. (1): Does not require proof of actual physical contact on part of defendant with a victim; when applied to speech, parameters of the violent, threatening or tumultuous behavior prohibited by section are consistent with "fighting words"; judgment of appellate court in State v. Szymkiewicz, 36 CA 625 et seq. reversed. 237 C. 613. Subdiv. (5) cited. Id., 613. Subdiv. (5) cited. Id., 633. Subdiv. (3): To avoid invalidation on grounds of overbreadth, judicial gloss adopted that when a police officer is the only person upon whose sensibilities the inflammatory language could have played, a conviction can be supported only for extremely offensive behavior supporting an inference that the actor wished to provoke the policeman to violence. 265 C. 145.

      Cited. 1 CA 669, 670. Subdiv. (5): This part of the statute is confined to language which constitutes "fighting" words and defendant's repeated vile, racist and threatening epithets were of such a nature. Id., 669, 678. Subdiv. (1) cited. Id., 709, 714. Statute meets requirements of fair notice to defendant. 6 CA 407, 408, 411, 415. Cited. Id., 407, 415. Cited. 10 CA 499, 500. Subdiv. (2) cited. 12 CA 74, 88, 89. Subdiv. (6) cited. Id., 74, 82, 88, 89. Cited. 13 CA 139, 149. Subdiv. (6) cited. 14 CA 10, 16. Subdiv. (1) cited. Id., 440, 441. Subdiv. (6) cited. 27 CA 103, 105, 110, 113. Subdiv. (5) cited. Id., 103, 110. Cited. 36 CA 625; judgment reversed, see 237 C. 613 et seq. Subdiv. (1) cited. Id., 625-629. Subdiv. (5) cited. Id., 625, 629. Cited. 37 CA 500, 507, 509; judgment reversed in part, see 237 C. 633 et seq. Subdiv. (1) cited. 38 CA 306, 307. Subdiv. (1) cited. 41 CA 847, 848. Subdiv. (3) cited. Id. Subdiv. (5) cited. Id. The distinction that may be drawn between the "fighting words" as contemplated under subdiv. (1) and those under subdiv. (5) can be found "under the totality of the circumstances...which gives rise to the words. Subdiv. (1) proscribes fighting words uttered in a violent, tumultuous or threatening manner, whereas subdiv. (5) proscribes fighting words that tend to induce immediate violence by the person or persons to whom the words are uttered because of their raw effect. The core meaning of subdiv. (5) remains intact-fighting words may arise in different contexts not confined to abusive or obscene language-and is not unconstitutionally vague. 78 CA 98. 78 CA 98. There is no indication that legislature did not intend to create separate crimes prohibited by this section and Sec. 53a-62(a)(2). 81 CA 248.

      Subdiv. (5) cited. 38 CS 349, 353. Subdiv. (4) cited. Id., 581, 582. Subdiv. (5) cited. Id. Cited. 39 CS 504, 509.

      Sec. 53a-181a. Creating a public disturbance: Infraction. (a) A person is guilty of creating a public disturbance when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he (1) engages in fighting or in violent, tumultuous or threatening behavior; or (2) annoys or interferes with another person by offensive conduct; or (3) makes unreasonable noise.

      (b) Creating a public disturbance is an infraction.

      (P.A. 83-276, S. 2; P.A. 92-260, S. 69.)

      History: P.A. 92-260 amended Subsec. (b) to make a technical change.

      Cited. 228 C. 795, 798. Cited. 243 C. 115.

      No right to jury trial. 9 CA 255-257. Cited. 12 CA 258, 263, 267. Cited. Id., 481, 482, 487, 493, 494, 498. Cited. 24 CA 195, 196. Cited. Id., 541, 542. Cited. 28 CA 344, 359. Cited. 32 CA 656, 665; judgment reversed in part, see 232 C. 345 et seq.

      Subsec. (a):

      Cited. 228 C. 795, 811. Cited. 237 C. 613. Subdiv. (1) cited. Id.

      Subdiv. (2) cited. 12 CA 258, 263, 267. Subdiv. (3) cited. Id., 481, 483. Subdiv. (2): "Offensive conduct" defined. Id., 481, 483, 486, 488. Subdiv. (1): Legislative intent to proscribe conduct which actually involves physical violence or portends imminent physical violence. Id., 481, 483, 486, 488, 490, 491. Cited. Id., 481, 485. Cited. 36 CA 625, 629; judgment reversed, see 237 C. 613 et seq.

      Sec. 53a-181b. Intimidation based on bigotry or bias: Class D felony. Section 53a-181b is repealed, effective October 1, 2000.

      (P.A. 90-137, S. 1, 3; P.A. 00-72, S. 11.)

      Sec. 53a-181c. Stalking in the first degree: Class D felony. (a) A person is guilty of stalking in the first degree when he commits stalking in the second degree as provided in section 53a-181d and (1) he has previously been convicted of this section or section 53a-181d, or (2) such conduct violates a court order in effect at the time of the offense, or (3) the other person is under sixteen years of age.

      (b) Stalking in the first degree is a class D felony.

      (P.A. 92-237, S. 1.)

      See Sec. 54-1k re issuance of protective order in stalking cases.

      See chapter 968a re address confidentiality program.

      Cited. 43 CS 46, 47, 51.

      Subsec. (a):

      Subdiv. (2) cited. 46 CA 661.

      Sec. 53a-181d. Stalking in the second degree: Class A misdemeanor. (a) A person is guilty of stalking in the second degree when, with intent to cause another person to fear for his physical safety, he wilfully and repeatedly follows or lies in wait for such other person and causes such other person to reasonably fear for his physical safety.

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

      (P.A. 92-237, S. 2.)

      See Sec. 54-1k re issuance of protective order in stalking cases.

      See chapter 968a re address confidentiality program.

      Cited. 44 CA 84. Held to be not unconstitutionally vague. 46 CA 661.

      Constitutionality of statute under attack for vagueness or overbreadth discussed. 43 CS 46-48, 50, 51, 53, 55, 56, 58, 60-64, 67, 69-71, 74-76.

      Subsec. (a):

      Cited. 44 CA 84. Cited. 46 CA 661.

      Sec. 53a-181e. Stalking in the third degree: Class B misdemeanor. (a) A person is guilty of stalking in the third degree when he recklessly causes another person to reasonably fear for his physical safety by wilfully and repeatedly following or lying in wait for such other person.

      (b) Stalking in the third degree is a class B misdemeanor.

      (P.A. 95-214, S. 1.)

      See Sec. 54-1k re issuance of protective order in stalking cases.

      See chapter 968a re address confidentiality program.

      Secs. 53a-181f to 53a-181h. Reserved for future use.

      Sec. 53a-181i. Intimidation based on bigotry or bias: Definitions. For the purposes of sections 53a-181j to 53a-181l, inclusive:

      (1) "Disability" means physical disability, mental disability or mental retardation;

      (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) "Mental retardation" 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 hearing impairment or reliance on a wheelchair or other remedial appliance or device.

      (P.A. 04-135, S. 1.)

      Sec. 53a-181j. Intimidation based on bigotry or bias in the first degree: Class C felony. (a) A person is guilty of intimidation based on bigotry or bias in the first degree when such person maliciously, and with specific intent to intimidate or harass another person because of the actual or perceived race, religion, ethnicity, disability, sexual orientation or gender identity or expression of such other person, causes serious physical injury to such other person or to a third person.

      (b) Intimidation based on bigotry or bias in the first degree is a class C felony.

      (P.A. 00-72, S. 1; P.A. 04-135, S. 2.)

      History: P.A. 04-135 amended Subsec. (a) to add "disability" and "gender identity or expression" as bases.

      See Sec. 52-571c re action for damages and other relief for violation of this section.

      Sec. 53a-181k. Intimidation based on bigotry or bias in the second degree: Class D felony. (a) A person is guilty of intimidation based on bigotry or bias in the second degree when such person maliciously, and with specific intent to intimidate or harass another person because of the actual or perceived race, religion, ethnicity, disability, sexual orientation or gender identity or expression of such other person, does any of the following: (1) Causes physical contact with such other person, (2) damages, destroys or defaces any real or personal property of such other person, or (3) threatens, by word or act, to do an act described in subdivision (1) or (2) of this subsection, if there is reasonable cause to believe that an act described in subdivision (1) or (2) of this subsection will occur.

      (b) Intimidation based on bigotry or bias in the second degree is a class D felony.

      (P.A. 00-72, S. 2; P.A. 04-135, S. 3.)

      History: P.A. 04-135 amended Subsec. (a) to add "disability" and "gender identity or expression" as bases.

      See Sec. 52-571c re action for damages and other relief for violation of this section.

      Sec. 53a-181l. Intimidation based on bigotry or bias in the third degree: Class A misdemeanor. (a) A person is guilty of intimidation based on bigotry or bias in the third degree when such person, with specific intent to intimidate or harass another person or group of persons because of the actual or perceived race, religion, ethnicity, disability, sexual orientation or gender identity or expression of such other person or persons: (1) Damages, destroys or defaces any real or personal property, or (2) threatens, by word or act, to do an act described in subdivision (1) of this subsection or advocates or urges another person to do an act described in subdivision (1) of this subsection, if there is reasonable cause to believe that an act described in said subdivision will occur.

      (b) Intimidation based on bigotry or bias in the third degree is a class A misdemeanor.

      (P.A. 00-72, S. 3; P.A. 04-135, S. 4.)

      History: P.A. 04-135 amended Subsec. (a) to add "disability" and "gender identity or expression" as bases.

      See Sec. 52-571c re action for damages and other relief for violation of this section.

      Sec. 53a-182. Disorderly conduct: Class C misdemeanor. (a) A person is guilty of disorderly conduct when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior; or (2) by offensive or disorderly conduct, annoys or interferes with another person; or (3) makes unreasonable noise; or (4) without lawful authority, disturbs any lawful assembly or meeting of persons; or (5) obstructs vehicular or pedestrian traffic; or (6) congregates with other persons in a public place and refuses to comply with a reasonable official request or order to disperse; or (7) commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy.

      (b) Disorderly conduct is a class C misdemeanor.

      (1969, P.A. 828, S. 184; P.A. 01-83, S. 1.)

      History: P.A. 01-83 amended Subsec. (a) to make a technical change for purposes of gender neutrality and add Subdiv. (7) re a person who commits simple trespass and observes another person inside a dwelling under certain circumstances.

      Annotation to former section 53-175:

      However forceful and persuasive arguments may be compelling determination that Connecticut disorderly conduct statute, section 53-175 is unconstitutional as containing no ascertainable standard of quiet, circuit court should leave such decision to higher courts. 6 Conn. Cir. Ct. 73, 77.

      Annotations to present section:

      Cited. 188 C. 557, 558. Cited. 194 C. 347, 356. Cited. 224 C. 914. Cited. 228 C. 795-798, 806, 809, 811. Cited. 234 C. 78, 80, 81. Cited. 237 C. 613. Cited. Id., 633.

      Cited. 5 CA 616, 619. Cited. 9 CA 15, 16. Cited. Id., 255, 257. Cited. 11 CA 24, 25. Cited. 12 CA 258, 263. Cited. Id., 306-308, 312, 313. Cited. Id., 364, 365. Cited. Id., 481, 493, 494. Cited. 17 CA 156. Cited. Id., 234, 236. Cited. Id., 339, 340. Cited. 22 CA 303, 304. Cited. 26 CA 157, 162. Cited. 28 CA 344, 359. Cited. 29 CA 283, 284, 287-289; judgment reversed, see 228 C. 795 et seq. Cited. 36 CA 106, 108; judgment reversed, see 234 C. 78 et seq.

      Cited. 34 CS 612. Cited. 36 CS 129, 130. Cited. 37 CS 767, 768, 772, 776. Cited. 38 CS 472, 473. Cited. Id., 665-667.

      Subsec. (a):

      Subdiv. (2) cited. 179 C. 328, 330. Subdiv. (1) Cited. 194 C. 347, 348, 350, 353, 354. Subdiv. (3): Under statute disorderly conduct may occur in a place that is not public. Id., 347-351, 353-355. Cited. Id., 347, 349. Subdiv. (6) cited. Id., 347, 358. Subdiv. (2) cited. 221 C. 788, 790. Subdiv. (3) cited. Id. Subdiv. (1) cited. 228 C. 795-797, 800, 801, 811- 813, 815, 818-820. 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 State v. Indrisano, 29 CA 283, 287, reversed. 228 C. 795-797, 800, 801, 815-819. Cited. Id., 795, 809-812, 819. Cited. 230 C. 183, 262. Subdiv. (1) cited. 237 C. 619. Cited. Id., 633.

      Subdiv. (1) cited. 8 CA 153, 154. Subdiv. (1) cited. Id., 517, 521, 522. Subdiv. (2) cited. 11 CA 24, 25, 28, 30-33, 35. Subdiv. (3) cited. Id., 24, 25, 29-33. Subdiv. (4) cited. Id. Cited. Id., 24, 32, 33, 35, 36. Subdiv. (3) cited. 12 CA 258, 267. Subdiv. (2) cited. Id., 481, 488, 494. Subdiv. (1) cited. Id., 481, 494. Subdiv. (3) cited. Id. Cited. 29 CA 283, 284, 288; judgment reversed, see 228 C. 795 et seq. Subdiv. (1) cited. 36 CA 625, 628, 629; judgment reversed, see 237 C. 613 et seq. Subdiv. (2) cited. 40 CA 643, 645. Cited. 46 CA 661. Subdiv. (1) cited. Id. Subdiv. (2): Held unconstitutional on its face where conduct occurred prior to judicial gloss placed on statute. Id. 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.

      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 689-691, 694, 695, 698. Cited. 37 CS 767, 773. Subdiv. (1) cited. Id., 767, 773, 774. Subdiv. (2) cited. Id., 767, 773-775. Subdiv. (1) cited. 38 CS 665, 668, 669. Subdiv. (3) cited. Id.

      Sec. 53a-182a. Obstructing free passage: Class C misdemeanor. (a) Unless a person is engaging in any activity which is expressive of rights guaranteed under the Constitution of the United States or the Constitution of this state, a person is guilty of obstructing free passage when, after being warned by a law enforcement officer not to do so, he (1) stands, sits or lies in or upon any public street, curb, crosswalk, walkway area, mall or the portion of private property utilized for public use, so as to obstruct unreasonably the free passage of pedestrians thereon, or (2) obstructs unreasonably or prevents free access to the entrance to any building open to the public.

      (b) Obstructing free passage is a class C misdemeanor.

      (P.A. 83-221; P.A. 92-260, S. 70.)

      History: P.A. 92-260 amended Subsec. (a) to make technical changes.

      Cited. 28 CA 344, 359.

      Cited. 43 CS 46, 70.

      Sec. 53a-182b. Harassment in the first degree: Class D felony. (a) A person is guilty of harassment in the first degree when, with the intent to harass, annoy, alarm or terrorize another person, he threatens to kill or physically injure that person or any other person, and communicates such threat by telephone, or by telegraph, mail, computer network, as defined in section 53a-250, or any other form of written communication, in a manner likely to cause annoyance or alarm and has been convicted of a capital felony, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216. For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

      (b) For purposes of this section, such offense may be deemed to have been committed either at the place where the telephone call was made or where it was received.

      (c) The court may order any person convicted under this section to be examined by one or more psychiatrists.

      (d) Harassment in the first degree is a class D felony.

      (P.A. 90-282, S. 1; P.A. 95-143, S. 1.)

      History: P.A. 95-143 amended Subsec. (a) to include communication of the threat by computer network.

      Cited. 45 CA 408.

      Cited. 43 CS 46, 52, 65.

      Subsec. (a):

      Cited. 45 CA 408.

      Sec. 53a-183. Harassment in the second degree: Class C misdemeanor. (a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person by telegraph or mail, by electronically transmitting a facsimile through connection with a telephone network, by computer network, as defined in section 53a-250, or by any other form of written communication, in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.

      (b) For purposes of this section such offense may be deemed to have been committed either at the place where the telephone call was made, or at the place where it was received.

      (c) The court may order any person convicted under this section to be examined by one or more psychiatrists.

      (d) Harassment in the second degree is a class C misdemeanor.

      (1969, P.A. 828, S. 185; 1971, P.A. 871, S. 44; P.A. 89-103, S. 2; P.A. 90-282, S. 2; P.A. 95-143, S. 2.)

      History: 1971 act substituted "telegraph" for "telephone" in Subsec. (a) (2); P.A. 89-103 amended Subsec. (a)(2) to include communicating by electronically transmitting a facsimile through connection with a telephone network; P.A. 90-282 changed name of offense to harassment in the second degree; P.A. 95-143 amended Subsec. (a) to include in Subdiv. (2) communication by computer network.

      Annotation to former section 53-183:

      Conversation sought to be introduced to show bias of witness properly excluded as hearsay. 5 Conn. Cir. Ct. 60.

      Annotations to present section:

      Cited. 204 C. 4, 6. Cited. 209 C. 52, 53.

      Cited. 4 CA 520, 523. Cited. 5 CA 79, 80. Cited. 8 CA 598, 599. Cited. 43 CA 527. Cited. 44 CA 84.

      Cited. 39 CS 428, 429. Cited. 43 CS 46, 52. Internet service provider has federal immunity from tort liability for damages related to e-mail sent via provider's service. 46 CS 406.

      Subsec. (a):

      Subdiv. (3) cited. 223 C. 731, 733.

      Subdiv. (3): Harassment and threatening are separate and distinct crimes and this case harassment is not a lesser included offense of threatening. 1 CA 647, 649. Subdiv. (2) cited. 4 CA 520, 525, 526. Subdiv. (3) cited. 5 CA 79, 83, 84. Subdiv. (3) cited. 25 CA 503, 505. Subdiv. (2): Section does not require state to prove defendant engaged in a direct communication with the person whom he intended to harass. 40 CA 544-546, 549-553. Subdiv. (3) cited. 41 CA 847, 848. Subdiv. (3) cited. 43 CA 527. Subdiv. (3): Is not unconstitutionally vague either on its face or as applied to defendant's conduct. 46 CA 661. Subdiv. (2): Not unconstitutionally overbroad or vague. 49 CA 617. Subdiv. (3): Statute is not unconstitutionally overbroad; statute prohibits purposeful telephone harassment and does not involve first amendment concerns since it proscribes conduct and not the content of calls. 55 CA 475. Subdiv. (3): Section is not unconstitutionally vague as applied to defendant's conduct. Id. Criminal violation of a protective order pursuant to Sec. 53a-110b and harassment in the second degree pursuant to Subdiv. (3) constitute separate offenses for double jeopardy purposes. 61 CA 118.

      Subdiv. (3): Freedom of speech subject to reasonable regulation of place and manner of exercise. Not necessary to limit application of statute to "fighting words". The prohibition is against purposeful harassment by means of device readily susceptible of abuse; trespasser upon our privacy. 34 CS 689, 690, 695, 696, 698. Subdiv. (3) cited. 43 CS 46, 71. Cited. Id., 46, 74.

      Sec. 53a-183a. Obstructing or interfering with the lawful taking of wildlife: Class C misdemeanor. (a) No person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent such taking.

      (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.

      (P.A. 85-351; P.A. 90-322.)

      History: P.A. 90-322 amended Subsec. (a) to revise the elements of the offense by replacing "harass" with "obstruct", adding provision that the obstruction or interference occur "at the location where the activity is taking place" and deleting as an element interference or harassment of another person engaged in "acts in preparation" for the lawful taking of wildlife, inserted new Subsec. (b) to enumerate specific intentional or knowing acts that constitute a violation, and Subsec. (c) to define "taking" and "wildlife" and relettered former Subsec. (b) as Subsec. (d).

      Cited. 226 C. 265, 266, 269-278. 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, 54, 69.

      Sec. 53a-183b. Interfering with an emergency call: Class A misdemeanor. (a) A person is guilty of interfering with an emergency call when such person, with the intent of preventing another person from making or completing a 9-1-1 telephone call or a telephone call or radio communication to any law enforcement agency to request police protection or report the commission of a crime, physically or verbally prevents or hinders such other person from making or completing such telephone call or radio communication.

      (b) Interfering with an emergency call is a class A misdemeanor.

      (P.A. 03-43, S. 1.)

      See Sec. 53-210 re refusal to relinguish party line when needed for emergency call.

      Secs. 53a-184 and 53a-184a. Intoxication by drug; definition, commitment, treatment, penalty. Intoxication by alcohol or drug; definition, commitment, dismissal of criminal proceedings, unclassified misdemeanor. Sections 53a-184 and 53a-184a are repealed.

      (1969, P.A. 828, S. 186; 1971, P.A. 871, S. 45; P.A. 74-280, S. 22, 25; P.A. 75-479, S. 11, 12, 25; P.A. 76-300, S. 2, 3, 4; P.A. 86-371, S. 34, 45; P.A. 89-390, S. 36, 37.)

      Sec. 53a-185. Loitering on school grounds: Class C misdemeanor. (a) A person is guilty of loitering on school grounds when he loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or any other license or privilege to be there.

      (b) Loitering on school grounds is a class C misdemeanor.

      (1969, P.A. 828, S. 187; P.A. 92-260, S. 71.)

      History: P.A. 92-260 amended Subsec. (b) to make a technical change in the name of the offense.

      Sec. 53a-186. Public indecency: Class B misdemeanor. (a) A person is guilty of public indecency when he performs any of the following acts in a public place: (1) An act of sexual intercourse as defined in subdivision (2) of section 53a-65; or (2) a lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person; or (3) a lewd fondling or caress of the body of another person. For the purposes of this section, "public place" means any place where the conduct may reasonably be expected to be viewed by others.

      (b) Public indecency is a class B misdemeanor.

      (1969, P.A. 828, S. 188; 1971, P.A. 871, S. 46; P.A. 76-336, S. 22; P.A. 92-260, S. 72.)

      History: 1971 act substituted "A person" for "Any person" for consistency with other statutes; P.A. 76-336 specified sexual intercourse as defined in Sec. 53a-65 and deleted reference to acts of deviate sexual conduct in Subsec. (a) for conformity with changes enacted re sex offenses; P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language.

      Annotations to former section 53-220:

      Cited. 37 CA 534, 535, 543, 544.

      Cited. 7 CS 265; 23 CS 177.

      Word "wantonly" implies turpitude, and that the act done was of wilful and wicked purpose. 2 Conn. Cir. Ct. 443. Criminal intent is essential ingredient of offense. Id., 452. Offense is not against observer merely, but against the state. Id. Cited. Id., 596; 3 Conn. Cir. Ct. 480. Review of cases concerned with crime of indecent exposure. Id., 657. Lewd and offensive conduct not fairly within ambit of statute in absence of proof of actual exposure. 4 Conn. Cir. Ct. 530, 532, 533. Offense does not depend upon number present at exposure. 5 Conn. Cir. Ct. 202.

      Annotations to present section:

      Cited. 18 CA 482, 483. Cited. 29 CA 591, 597-599. Cited. 37 CA 534, 535, 543, 544.

      Cited. 38 CS 661, 662.

      Subsec. (a):

      Cited. 37 CA 534, 535. Subdiv. (2) cited. Id., 534, 537, 542, 544.

      Cited. 38 CS 313, 315. Subdiv. (2) cited. Id.

      Sec. 53a-187. Definitions. Applicability. (a) The following definitions are applicable to sections 53a-188 and 53a-189: (1) "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication or a communication made by cellular radio telephone by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs shall not be deemed "wiretapping". (2) "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment. (3) "Unlawfully" means not specifically authorized by law. For purposes of this section, "cellular radio telephone" means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

      (b) This section and sections 53a-188 and 53a-189 shall not apply to wiretapping by criminal law enforcement officials in the lawful performance of their duties and do not affect the admissibility of evidence in any proceedings other than a prosecution for eavesdropping or tampering with private communications.

      (1969, P.A. 828, S. 189; P.A. 86-403, S. 90, 132; P.A. 89-103, S. 3.)

      History: P.A. 86-403 made technical change in Subsec. (b); P.A. 89-103 amended Subsec. (a) to add reference to communications made by cellular radio telephone in the definition of wiretapping and to define "cellular radio telephone".

      Cited. 171 C. 524, 544. Cited. 212 C. 195, 209, 210. Cited. 224 C. 593, 619. Cited. 238 C. 692.

      Cordless telephone conversations are protected telephonic communications. 45 CS 497.

      Subsec. (a):

      Subdiv. (1). Cited. 171 C. 524, 544. Subdiv. (2). Cited. Id. Subdiv. (1) cited. 212 C. 195, 210. Subdiv. (2) cited. Id. Cited. 224 C. 593, 619, 620. Subdiv. (1) cited. 238 C. 692. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id.

      Cited. 15 CA 529, 530.

      Subsec. (b):

      Cited. 171 C. 524, 544. Cited. 212 C. 195, 210. Cited. 224 C. 593, 621. Cited. 238 C. 692.

      Cited. 15 CA 529-531.

      Sec. 53a-188. Tampering with private communications: Class A misdemeanor. (a) A person is guilty of tampering with private communications when: (1) Knowing that he does not have the consent of the sender or receiver, he obtains from an employee, officer or representative of a telephone or telegraph corporation, by connivance, deception, intimidation or in any other manner, information with respect to the contents or nature of a telephonic or telegraphic communication; or (2) knowing that he does not have the consent of the sender or receiver, and being an employee, officer or representative of a telephone or telegraph corporation, he knowingly divulges to another person the contents or nature of a telephonic or telegraphic communication.

      (b) Tampering with private communications is a class A misdemeanor.

      (1969, P.A. 828, S. 190.)

      Cited. 171 C. 524, 544. Cited. 212 C. 195, 210. Cited. 238 C. 692.

      Sec. 53a-189. Eavesdropping: Class D felony. (a) A person is guilty of eavesdropping when he unlawfully engages in wiretapping or mechanical overhearing of a conversation.

      (b) Eavesdropping is a class D felony.

      (1969, P.A. 828, S. 191.)

      See Sec. 52-570d re prohibition on recording private telephonic communications and civil remedies for violation thereof.

      Cited. 171 C. 524, 544. Cited. 197 C. 326, 327. Cited. 212 C. 195, 210. Cited. 216 C. 541, 545, 553. Cited. 224 C. 593, 619, 620. Cited. 238 C. 692.

      Cited. 8 CA 673, 689. Cited. 15 CA 529, 530.

      Cordless telephone conversations are protected telephonic communications. 45 CS 497.

      Subsec. (a):

      Cited. 171 C. 524, 544. Cited. 238 C. 692.

      Sec. 53a-189a. Voyeurism: Class D felony. (a) A person is guilty of voyeurism when, with malice or intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (1) without the knowledge and consent of such other person, (2) while such other person is not in plain view, and (3) under circumstances where such other person has a reasonable expectation of privacy.

      (b) Voyeurism is a class D felony.

      (P.A. 99-143, S. 1; P.A. 03-114, S. 1.)

      History: P.A. 03-114 increased the penalty from a class A misdemeanor to a class D felony.

      Sec. 53a-189b. Disseminating voyeuristic material: Class D felony. (a) A person is guilty of disseminating voyeuristic material when such person disseminates a photograph, film, videotape or other recorded image of another person without the consent of such other person and knowing that such photograph, film, videotape or image was taken, made or recorded in violation of section 53a-189a.

      (b) Disseminating voyeuristic material is a class D felony.

      (P.A. 99-143, S. 2.)

      Sec. 53a-190. Bigamy: Class D felony. (a) A person is guilty of bigamy when he marries or purports to marry another person in this state if either is lawfully married; or so marries or purports to marry another person in any other state or country in violation of the laws thereof, and knowingly cohabits and lives with such other person in this state as husband and wife.

      (b) It shall be an affirmative defense to the charge of bigamy that at the time of the subsequent marriage or purported marriage: (1) The actor reasonably believed, based on persuasive and reliable information, that the prior spouse was dead; or (2) a court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or (3) the single person did not know that the other person was legally married.

      (c) Bigamy is a class D felony.

      (1969, P.A. 828, S. 192; 1971, P.A. 871, S. 47; P.A. 92-260, S. 73.)

      History: 1971 act substituted "A person" for "Any person" for conformity with other statutes; P.A. 92-260 made technical changes.

      Annotations to former section 53-221:

      Former statute cited. 129 C. 572. Cited. 142 C. 178.

      Cited. 22 CS 180. Omission, since 1875, of language declaring bigamous marriage to be null and void at most merely left validity of such marriages to be determined by general principles of common law. 26 CS 259.

      Sec. 53a-191. Incest: Class D felony. (a) A person is guilty of incest when he marries a person whom he knows to be related to him within any of the degrees of kindred specified in section 46b-21.

      (b) Incest is a class D felony.

      (1969, P.A. 828, S. 193; P.A. 80-346, S. 2; P.A. 92-260, S. 74.)

      History: P.A. 80-346 substituted "such person" for "he" or "him", eliminating unnecessary distinctions based on sex and removed reference to engaging in sexual intercourse with relative as incest; P.A. 92-260 made technical changes in Subsec. (a) by replacing "such person" with "he" or "him" as appropriate.

      Annotations to former section 53-223:

      In information for incest alleged to have been committed by accused with his legitimate daughter, actual marriage between accused and his daughter's mother must be proved. 6 C. 446. Applies to half-brother and half-sister. 132 C. 165. Relatively high penalty clearly reflects the strong public policy of this state. 148 C. 288. Does not apply to uncle-in-law and niece-in-law. 158 C. 461.

      Consent is not essential element in establishing crime of incest. 29 CS 95. Cited. Id., 186, 187.

      Annotations to present section:

      Cited. 210 C. 244, 247. Relationship as half-uncle and half-niece is void. 213 C. 637-639, 641, 642, 645, 646, 656.

      Subsec. (a):

      Cited. 189 C. 321, 322.

      Sec. 53a-192. Coercion: Class A misdemeanor or class D felony. (a) A person is guilty of coercion when he compels or induces another person to engage in conduct which such other person has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which such other person has a legal right to engage, by means of instilling in such other person a fear that, if the demand is not complied with, the actor or another will: (1) Commit any criminal offense; or (2) accuse any person of a criminal offense; or (3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair any person's credit or business repute; or (4) take or withhold action as an official, or cause an official to take or withhold action.

      (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.

      (1969, P.A. 828, S. 194; 1971, P.A. 871, S. 48; P.A. 92-260, S. 75.)

      History: 1971 act referred simply to coercion rather than to "criminal" coercion in Subsec. (c); P.A. 92-260 made technical changes.

      Cited. 240 C. 766.

      Cited. 8 CA 351, 352. Cited. 40 CA 1, 2, 16.

      Subsec. (a):

      Subdiv. (4) cited. 18 CA 694, 695. Subdiv. (1) cited. 40 CA 1, 16.

      Sec. 53a-193. Definitions. The following definitions are applicable to this section and sections 53a-194 to 53a-210, inclusive:

      (1) Any material or performance is "obscene" if, (A) taken as a whole, it predominantly appeals to the prurient interest, (B) it depicts or describes in a patently offensive way a prohibited sexual act, and (C) taken as a whole, it lacks serious literary, artistic, educational, political or scientific value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or performance or the circumstances of its dissemination to be designed for some other specially susceptible audience. Whether a material or performance is obscene shall be judged by ordinary adults applying contemporary community standards. In applying contemporary community standards, the state of Connecticut is deemed to be the community.

      (2) Material or a performance is "obscene as to minors" if it depicts a prohibited sexual act and, taken as a whole, it is harmful to minors. For purposes of this subdivision: (A) "Minor" means any person less than seventeen years old as used in section 53a-196 and less than sixteen years old as used in sections 53a-196a and 53a-196b, and (B) "harmful to minors" means that quality of any description or representation, in whatever form, of a prohibited sexual act, when (i) it predominantly appeals to the prurient, shameful or morbid interest of minors, (ii) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (iii) taken as a whole, it lacks serious literary, artistic, educational, political or scientific value for minors.

      (3) "Prohibited sexual act" means erotic fondling, nude performance, sexual excitement, sado-masochistic abuse, masturbation or sexual intercourse.

      (4) "Nude performance" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state in any play, motion picture, dance or other exhibition performed before an audience.

      (5) "Erotic fondling" means touching a person's clothed or unclothed genitals, pubic area, buttocks, or if such person is a female, breast.

      (6) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

      (7) "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

      (8) "Masturbation" means the real or simulated touching, rubbing or otherwise stimulating a person's own clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breast, either by manual manipulation or with an artificial instrument.

      (9) "Sexual intercourse" means intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or between a human and an animal, or with an artificial genital.

      (10) "Material" means anything tangible which is capable of being used or adapted to arouse prurient, shameful or morbid interest, whether through the medium of reading, observation, sound or in any other manner. Undeveloped photographs, molds, printing plates, and the like, may be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.

      (11) "Performance" means any play, motion picture, dance or other exhibition performed before an audience.

      (12) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, advertise, produce, direct or participate in.

      (13) "Child pornography" means any visual depiction including any photograph, film, videotape, picture or computer-generated image or picture, whether made or produced by electronic, mechanical or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a person under sixteen years of age engaging in sexually explicit conduct, provided whether the subject of a visual depiction was a person under sixteen years of age at the time the visual depiction was created is a question to be decided by the trier of fact.

      (14) "Sexually explicit conduct" means actual or simulated (A) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal physical contact, whether between persons of the same or opposite sex, or with an artificial genital, (B) bestiality, (C) masturbation, (D) sadistic or masochistic abuse, or (E) lascivious exhibition of the genitals or pubic area of any person.

      (15) "Visual depiction" includes undeveloped film and videotape and data, as defined in subdivision (8) of section 53a-250, that is capable of conversion into a visual image and includes encrypted data.

      (1969, P.A. 828, S. 195; P.A. 74-124; P.A. 78-331, S. 21, 58; 78-345, S. 1, 4; P.A. 83-507; P.A. 85-496, S. 4; P.A. 92-260, S. 76; P.A. 04-139, S. 2.)

      History: P.A. 74-124 added provision re application of contemporary community standards in judgments concerning obscenity; P.A. 78-331 extended applicability of definitions to encompass Sec. 53a-196a; P.A. 78-345 amended Subsec. (b) to replace "nudity, sexual conduct, sexual excitement or sado-masochistic abuse" with reference to prohibited sexual acts, to redefine "minor" re sixteen-year-olds, to replace definition of "nudity" with definition of "nude performance", to delete definition of "sexual conduct", to define "prohibited sexual act", "erotic fondling", "masturbation", and "sexual intercourse" and to redefine "harmful to minors" as description or representation which lacks serious literary, artistic, educational, political or scientific value for minors rather than as something "utterly without redeeming social importance for minors" and redefined "material" in Subsec. (c) to specify something used or adapted to arouse "prurient, shameful or morbid" interest; P.A. 83-507 amended Subsec. (a) to redefine "obscene" by replacing (1) "its predominant appeal is to prurient, shameful or morbid interest in nudity, sex, excretion, sadism or masochism" with "it predominantly appeals to the prurient interest", (2) "it goes substantially beyond customary limits of candor in describing or representing such matters" with "it depicts or describes in a patently offensive way a prohibited sexual act" and (3) "it is utterly without redeeming social value" with "taken as a whole, it lacks serious literary, artistic, educational, political or scientific value", and reordered and redesignated the other definitions; P.A. 85-496 included reference to section 53a-196c and added definition of "child pornography"; P.A. 92-260 made definitions applicable to "this section and sections 53a-194 to 53a-210, inclusive" rather than to "sections 53a-193 to 53a-196a, inclusive and section 53a-196c", replaced alphabetic Subsec. indicators with numeric indicators, amended Subsec. (1) to replace numeric Subdiv. indicators with alphabetic indicators and add "or performance" in provisions re judging predominant appeal and applying community standards, and amended Subsec. (2) to replace numeric Subdiv. indicators with alphabetic indicators and alphabetic Subpara. indicators with numeric indicators; P.A. 04-139 applied definitions to Secs. 53a-196e to 53a-196g, inclusive, amended Subdiv. (2) to make a technical change and to delete in Subpara. (A) applicability to Sec. 53a-196c of definition of a minor as a person less than sixteen years old, redefined "child pornography" in Subdiv. (13) and added definitions of "sexually explicit conduct" and "visual depiction" as Subdivs. (14) and (15), respectively.

      Cited. 193 C. 612, 618.

      The definition of obscenity is sufficiently explicit to inform a person of ordinary intelligence of what material would be in violation of the law. 32 CS 639.

      Former Subsec. (a):

      Cited. 193 C. 612, 623.

      Cited. 3 CA 80, 90. Cited. 28 CA 91, 103.

      The definition of "obscene" contained in this section is presently immune from attack upon the grounds of vagueness or over breadth at the federal level. 32 CS 639, 646.

      Former Subsec. (b):

      Subdiv. (2)(A) cited. 28 CA 91, 101, 103. Subdiv. (2)(B) cited. Id. Subdiv. (2)(C) cited. Id. Subdiv. (2) cited. Id., 91, 102. Cited. Id., 91, 103.

      Former Subsec. (c):

      Cited. 28 CA 91, 101.

      Former Subsec. (d):

      Cited. 28 CA 91, 101.

      Cited. 38 CS 570, 574.

      Former Subsec. (e):

      Cited. 193 C. 612, 623.

      Former Subsec. (h):

      Cited. 29 CA 591, 595.

      Former Subsec. (l):

      Cited. 28 CA 91, 101.

      Subdiv. (11):

      Requirement in Sec. 53a-196d, through its incorporation of Sec. 53a-193(11) and (13), that the live performance depicted in the materials be "performed before an audience" means that there must be some recording or viewing of, or listening to, a live performance, or a reproduction of a live performance, by a person or persons other than the person or persons simultaneously engaged in the performance; the number of such persons recording, viewing or listening to the performance and whether they are actually present at the live performance 252 C. 579.

      Sec. 53a-194. Obscenity: Class B misdemeanor. (a) A person is guilty of obscenity when, knowing its content and character, he promotes, or possesses with intent to promote, any obscene material or performance.

      (b) Obscenity is a class B misdemeanor.

      (1969, P.A. 828, S. 196.)

      State has burden of presenting evidence of contemporary community standards in prosecution for obscenity, except where performance is so offensive that no conceivable community standard would permit it. 174 C. 46. Cited. 193 C. 612, 614, 618, 623.

      Cited. 28 CA 91, 102.

      Connecticut's obscenity statute is not so vague or overly broad as to violate federal standards. This section is presently immune from attack upon the grounds of vagueness or overbreadth at the federal level. 32 CS 639, 646. Cited. 33 CS 681. Cited. 38 CS 570.

      Cited. 6 Conn. Cir. Ct. 656.

      Subsec. (a):

      Cited. 193 C. 612, 616.

      Cited. 38 CS 570, 572.

      Sec. 53a-195. Defense. In any prosecution for obscenity it is a defense that the persons to whom allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational or governmental justification for possessing or viewing the same.

      (1969, P.A. 828, S. 197; P.A. 92-260, S. 77.)

      History: P.A. 92-260 made a technical change.

      Cited. 200 C. 664, 675.

      Sec. 53a-196. Obscenity as to minors: Class D felony. (a) A person is guilty of obscenity as to minors when he knowingly promotes to a minor, for monetary consideration, any material or performance which is obscene as to minors.

      (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.

      (1969, P.A. 828, S. 198; P.A. 85-496, S. 1; P.A. 92-260, S. 78.)

      History: P.A. 85-496 increased penalty from class A misdemeanor to class D felony; P.A. 92-260 made a technical change in Subsec. (c).

      Subsec. (a):

      Cited. 36 CS 352, 357.

      Sec. 53a-196a. Employing a minor in an obscene performance: Class A felony. (a) A person is guilty of employing a minor in an obscene performance when (1) he employs any minor, whether or not such minor receives any consideration, for the purpose of promoting any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, or (2) he permits any such minor to be employed, whether or not such minor receives any consideration, in the promotion of any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, and he is the parent or guardian of such minor or otherwise responsible for the general supervision of such minor's welfare.

      (b) Employing a minor in an obscene performance is a class A felony.

      (P.A. 77-577, S. 2; P.A. 78-345, S. 2, 4; P.A. 85-496, S. 2; P.A. 92-260, S. 79.)

      History: P.A. 78-345 restated provisions for conformity with Sec. 53a-193 as amended; P.A. 85-496 increased penalty from class B felony to class A felony; P.A. 92-260 made technical changes.

      See Sec. 17a-47 re legal division within Department of Children and Families.

      Cited. 227 C. 207, 209, 210.

      Sec. 53a-196b. Promoting a minor in an obscene performance: Class B felony. (a) A person is guilty of promoting a minor in an obscene performance when he knowingly promotes any material or performance in which a minor is employed, whether or not such minor receives any consideration, and such material or performance is obscene as to minors notwithstanding that such material or performance is intended for an adult audience.

      (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 employed.

      (c) Promoting a minor in an obscene performance is a class B felony.

      (P.A. 78-345, S. 3, 4; P.A. 85-496, S. 3; P.A. 92-260, S. 80.)

      History: P.A. 85-496 increased penalty from class C felony to class B felony; P.A. 92-260 made technical changes in Subsec. (a).

      Cited. 28 CA 91, 95-97, 100.

      Subsec. (a):

      Cited. 28 CA 91, 92, 100.

      Subsec. (c):

      Cited. 28 CA 91, 96.

      Sec. 53a-196c. Importing child pornography: Class B felony. (a) A person is guilty of importing child pornography when, with intent to promote child pornography, such person knowingly imports or causes to be imported into the state three or more visual depictions of child pornography of known content and character.

      (b) Importing child pornography is a class B felony.

      (P.A. 85-496, S. 5; P.A. 04-139, S. 3.)

      History: P.A. 04-139 amended Subsec. (a) to replace "any child pornography" with "three or more visual depictions of child pornography" and make a technical change for purposes of gender neutrality, deleted former Subsec. (b) providing that importation of two or more copies of any publication containing child pornography shall be prima facie evidence that such publications were imported with intent to promote child pornography, redesignated existing Subsec. (c) as new Subsec. (b) and amended said Subsec. to increase penalty from a class C felony to a class B felony.

      Sec. 53a-196d. Possessing child pornography in the first degree: Class B felony. (a) A person is guilty of possessing child pornography in the first degree when such person knowingly possesses fifty or more visual depictions of child pornography.

      (b) Possessing child pornography in the first degree is a class B felony.

      (P.A. 95-143, S. 3; P.A. 04-139, S. 4.)

      History: P.A. 04-139 renamed offense by replacing "possessing child pornography" with "possessing child pornography in the first degree" where appearing, amended Subsec. (a) to replace provision that offense occurs when a person "knowingly possesses child pornography, as defined in subdivision (13) of section 53a-193" with "knowingly possesses fifty or more visual depictions of child pornography" and delete provision that possession of a photographic or other visual reproduction of a nude minor for a bona fide artistic, medical, scientific, educational, religious, governmental or judicial purpose is not a violation of subsection, and amended Subsec. (b) to increase penalty from a class D felony to a class B felony.

      Trial court properly rejected defendant's claim that statute is unconstitutionally vague; there is no first amendment right to possess materials otherwise covered by the definition of child pornography specified in Sec. 53a-193(13) when the person depicted is younger than eighteen, statute is not unconstitutional on its face and defendant having conceded that statute clearly gives fair notice that pornographic materials depicting children under sixteen are prohibited and having admitted that he possessed materials depicting children under sixteen, statute is not unconstitutionally vague as applied to defendant. "Minor", for purposes of statute, means a person under sixteen years of age. 252 C. 579.

      Sec. 53a-196e. Possessing child pornography in the second degree: Class C felony. (a) A person is guilty of possessing child pornography in the second degree when such person knowingly possesses twenty or more but fewer than fifty visual depictions of child pornography.

      (b) Possessing child pornography in the second degree is a class C felony.

      (P.A. 04-139, S. 5.)

      Sec. 53a-196f. Possessing child pornography in the third degree: Class D felony. (a) A person is guilty of possessing child pornography in the third degree when such person knowingly possesses fewer than twenty visual depictions of child pornography.

      (b) Possessing child pornography in the third degree is a class D felony.

      (P.A. 04-139, S. 6.)

      Sec. 53a-196g. Possesing child pornography: Affirmative defenses. In any prosecution for a violation of section 53a-196d, 53a-196e or 53a-196f, it shall be an affirmative defense that (1) the defendant (A) possessed fewer than three visual depictions of child pornography, (B) did not knowingly purchase, procure, solicit or request such visual depictions or knowingly take any other action to cause such visual depictions to come into the defendant's possession, and (C) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof, took reasonable steps to destroy each such visual depiction or reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction, or (2) the defendant possessed a visual depiction of a nude person under sixteen years of age for a bona fide artistic, medical, scientific, educational, religious, governmental or judicial purpose.

      (P.A. 04-139, S. 7.)

      Secs. 53a-197 and 53a-198. Disseminating indecent comic books: Class A misdemeanor. Failing to identify a comic book publication: Violation. Sections 53a-197 and 53a-198 are repealed, effective October 1, 2004.

      (1969, P.A. 828, S. 199, 200; P.A. 92-260, S. 81; P.A. 04-139, S. 14.)

      Sec. 53a-199. Injunction against promoting any obscene material or performance. An injunction may be granted against the promoting of any material or performance that is obscene or obscene as to minors or the possessing with intent to promote any such material.

      (1969, P.A. 828, S. 201.)

      Sec. 53a-200. Institution of action for adjudication of obscenity. Whenever any state's attorney or assistant state's attorney has reasonable cause to believe that any person is knowingly promoting any material or performance that is obscene or obscene as to minors, he shall institute an action for an adjudication of the obscenity of such material or performance. Such action shall commence with the filing of an application for an injunction with a judge of the superior court for the judicial district wherein is located such material or performance. The complaint shall: (1) Be directed against the promoting of the material or performance; (2) designate as defendants and list the names and addresses, if known, of its promoters, or any person possessing it with intent to promote it; (3) allege its obscene nature; (4) seek an adjudication that it is obscene or obscene as to minors and an injunction against any promoting or possessing with intent to promote; (5) seek its surrender, seizure, destruction or termination.

      (1969, P.A. 828, S. 202; P.A. 74-183, S. 124, 291; P.A. 76-436, S. 514, 681; P.A. 78-280, S. 1, 127; P.A. 92-260, S. 82.)

      History: P.A. 74-183 replaced circuit court with court of common pleas and "circuit" with "county or judicial district", reflecting transfer of circuit court functions to court of common pleas in reorganization of judicial system, effective December 31, 1974; P.A. 76-436 replaced prosecuting attorneys with state's attorneys and assistant state's attorneys and court of common pleas with superior court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 92-260 made technical changes by replacing alphabetic with numeric Subdiv. indicators.

      Sec. 53a-201. Presentation of material or evidence depicting performance. Probable cause determination. Time for trial and decision. The prosecuting attorney, at the time of presenting the complaint and application to the court, shall also present the material or a witness or other evidence describing or depicting the performance. If, after examination, the court finds no probable cause to believe such material or performance obscene or obscene as to minors, the court shall dismiss the action. If, after examination, the court finds probable cause to believe such material or performance obscene or obscene as to minors, the court shall then proceed as in other applications for an injunction. The person sought to be enjoined shall be entitled to a trial of the issues, commencing within one day after the close of all pleadings, and any decision by the court shall be rendered within two days of the conclusion of the trial.

      (1969, P.A. 828, S. 203; P.A. 92-260, S. 83.)

      History: P.A. 92-260 added provisions requiring that the court "dismiss the action" if it fails to find probable cause and that the court proceed as in other applications for an injunction "if, after examination, the court finds probable cause to believe such material or performance obscene or obscene as to minors", provisions which were contained in former Sec. 53-244d which was repealed by 1969 P.A. 828, S. 214, the same act which enacted the penal code.

      Sec. 53a-202. Third party may be made a party. On or before the date set for trial, any person who promotes, or who possesses with intent to promote, the material or performance complained of in the application for an injunction may file an appearance and be made a party to the proceedings.

      (1969, P.A. 828, S. 204.)

      Sec. 53a-203. Jury trial. Every person appearing shall be entitled, upon request, to a trial by jury and the court may order a trial of any issue to the jury.

      (1969, P.A. 828, S. 205; P.A. 92-260, S. 84.)

      History: P.A. 92-260 deleted an obsolete reference to "the criminal sessions of such court".

      Cited. 17 CA 326, 327. Cited. 40 CA 515, 517.

      Sec. 53a-204. Evidence. At the trial, all parties shall be permitted to submit evidence, including the testimony of experts, pertaining but not limited to the following: (1) The elements or standards specified in the definitions of obscene and obscene as to minors; (2) the artistic, literary, scientific, educational or governmental merits of the material or performance; (3) the intent and knowledge of any defendant.

      (1969, P.A. 828, S. 206; P.A. 92-260, S. 85.)

      History: P.A. 92-260 made technical changes by replacing alphabetic with numeric Subdiv. indicators.

      Sec. 53a-205. Judgment. If the court or jury, as the case may be, finds the material or performance not to be obscene or obscene as to minors, the court shall enter judgment accordingly. If the court or jury, as the case may be, finds the material or performance to be obscene or obscene as to minors, the court shall enter judgment to such effect and may, in such judgment or in subsequent orders of enforcement thereof: (1) Enter an injunction against any defendant prohibiting him from promoting or possessing such material or performance, under such conditions and within such time as the court may order; (2) direct any resident defendant to dispose of all such material in his possession or under his control under such conditions and within such time as the court may order; or (3) if any defendant fails fully to comply with the judgment or order of the court, direct the state police or any organized local police department to seize and destroy all such material in the possession or under the control of such defendant wherever the same may be found within their jurisdiction.

      (1969, P.A. 828, S. 207; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136.)

      History: P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979, but under authority of P.A. 78-303 existing reference to state police was retained.

      Sec. 53a-206. Injunction and restraining order. Every order granting an injunction and every restraining order shall set forth the reasons for its issuance and shall describe in reasonable detail the obscene material or performance and the promoting or possessing sought to be restrained, and is binding only upon the defendants to the action and their officers, agents, servants and employees and upon those persons in active concert or participating by contract or arrangement with them, who receive actual notice of the order by personal service or otherwise.

      (1969, P.A. 828, S. 208; P.A. 92-260, S. 86.)

      History: P.A. 92-260 made a technical change.

      Cited. 16 CA 601, 602.

      Sec. 53a-207. Service of process on nonresidents. Every nonresident person, whether acting personally or by an agent, salesman, employee, officer or another, who promotes any material or performance that is obscene or obscene as to minors in this state shall be deemed to have appointed the Secretary of the State as his attorney and to have agreed that any process in any action arising under sections 53a-199 to 53a-206, inclusive, brought against or naming such nonresident as a defendant, may be served upon said secretary and shall have the same validity as if served upon such nonresident personally. Such process shall be served by the officer to whom the same is directed upon said secretary by leaving with or at the office of said secretary a true and attested copy thereof and by sending to the defendant, by registered or certified mail, postage prepaid, a like true and attested copy with an endorsement thereon of the service upon said secretary addressed to such defendant at his last-known address. The Secretary of the State shall keep a record of each such process and the day and hour of service.

      (1969, P.A. 828, S. 209; P.A. 92-260, S. 87.)

      History: P.A. 92-260 made technical changes.

      Sec. 53a-208. Extradition. In all cases in which a court has entered its judgment pursuant to section 53a-205 that the material or performance in question is obscene or obscene as to minors, and a charge of a violation of the injunction or restraining order is thereafter brought against a person who, being a defendant to such judgment, cannot be found in this state, the Governor, or anyone performing the functions of Governor by authority of a law of this state, shall, unless such person has appealed from such judgment and such appeal is not finally determined, demand his extradition from the executive authority of the state in which such person may be found, pursuant to the laws of this state.

      (1969, P.A. 828, S. 210; P.A. 92-260, S. 88.)

      History: P.A. 92-260 replaced reference to "sections 53a-199 to 53a-206, inclusive," with "section 53a-205".

      Sec. 53a-209. Penalties. Any defendant, or any officer, agent, servant or employee of such defendant, or any person in active concert or participation by contract or arrangement with such defendant, who receives actual notice, by personal service or otherwise, of any injunction or restraining order entered pursuant to section 53a-205 and who disobeys any of the provisions thereof shall be fined not more than one thousand dollars or imprisoned not more than two years or both.

      (1969, P.A. 828, S. 211; P.A. 92-260, S. 89.)

      History: P.A. 92-260 replaced reference to "sections 53a-199 to 53a-206, inclusive," with "section 53a-205".

      Sec. 53a-210. Levy of fine against property. Any fine against any person under section 53a-209 may be levied against any of his real property, personal property, tangible or intangible, choses in action or property of any kind or nature, including debts owing to him, which may be situated or found in this state.

      (1969, P.A. 828, S. 212; P.A. 92-260, S. 90.)

      History: P.A. 92-260 replaced reference to "any of sections 53a-199 to 53a-206, inclusive," with "section 53a-209".

      Sec. 53a-211. Possession of a sawed-off shotgun or silencer: Class D felony. (a) A person is guilty of possession of a sawed-off shotgun or a silencer when he owns, controls or possesses any sawed-off shotgun that has a barrel of less than eighteen inches or an overall length of less than twenty-six inches or when he owns, controls or possesses any silencer designed to muffle the noise of a firearm during discharge.

      (b) The provisions of this section shall not apply to persons, firms, corporations or museums licensed or otherwise permitted by federal or state law to possess, control or own sawed-off shotguns or silencers.

      (c) Possession of a sawed-off shotgun or a silencer is a class D felony.

      (P.A. 76-45; P.A. 80-244.)

      History: P.A. 80-244 deleted phrase "of any caliber" following reference to sawed-off shot guns in Subsec. (a).

      See Secs. 29-35 to 29-38a, inclusive, and 53-202 to 53-206d, inclusive, re regulation of firearms and penalties imposed for firearms violations.

      Cited. 190 C. 715, 717. Cited. 207 C. 323, 324. Cited. 233 C. 215, 218.

      Cited. 1 CA 697, 698. Cited. 7 CA 550. Cited. 11 CA 397, 398, 402. Cited. 14 CA 67, 68, 75. Cited. 15 CA 539, 540. Cited. 17 CA 490, 491, 498, 500. Cited. 30 CA 9, 10.

      Subsec. (a):

      Cited. 190 C. 715, 719, 722, 723. Cited. 198 C. 68, 69. Cited. 201 C. 505, 506, 513, 514. Cited. 224 C. 163, 164.

      Cited. 11 CA 397, 402. Cited. 13 CA 76, 77, 86. Cited. 26 CA 698, 699. Cited. 28 CA 474, 475.

      Sec. 53a-212. Stealing a firearm: Class D felony. (a) A person is guilty of stealing a firearm when, with intent to deprive another of his firearm or to appropriate the same to himself or a third party, he wrongfully takes, obtains or withholds a firearm, as defined in subdivision (l9) of section 53a-3.

      (b) Stealing a firearm is a class D felony.

      (P.A. 77-217.)

      Cited. 189 C. 461, 462. Cited. 190 C. 715, 716. Cited. 197 C. 201, 203. Cited. 199 C. 591, 593. Cited. 241 C. 702.

      Cited. 9 CA 349, 350. Cited. 19 CA 48, 51, 52, 59, 64. Cited. 20 CA 521, 522. Cited. 34 CA 751, 753, 766, 770, 771; judgment reversed, see 233 C. 211 et seq. Cited. 38 CA 481, 483. Cited. Id., 750, 752.

      Subsec. (a):

      Cited. 190 C. 715, 720, 721. Cited. 196 C. 157, 158. Cited. 198 C. 405, 406.

      Cited. 7 CA 367, 370. Cited. 8 CA 631, 632. Cited. Id., 667. Cited. 34 CA 751, 753, 769; judgment reversed, see 233 C. 211 et seq. Cited. 35 CA 740, 743. Cited. 38 CA 481, 483. Cited. Id., 643, 645, 653.

      Sec. 53a-213. Drinking while operating motor vehicle: Class C misdemeanor. (a) A person is guilty of drinking while operating a motor vehicle when he drinks any alcoholic liquor while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property. As used in this section, "alcoholic liquor" shall have the same meaning as in section 30-1.

      (b) Drinking while operating a motor vehicle is a class C misdemeanor.

      (P.A. 79-368.)

      Sec. 53a-214. Criminal lockout: Class C misdemeanor. (a) A landlord of a dwelling unit subject to the provisions of chapter 830, an owner of such a unit, or the agent of such landlord or owner is guilty of criminal lockout when, without benefit of a court order, he deprives a tenant, as defined in subsection (l) of section 47a-1, of access to his dwelling unit or his personal possessions.

      (b) Criminal lockout is a class C misdemeanor.

      (P.A. 81-24.)

      Sec. 53a-215. Insurance fraud: Class D felony. (a) A person is guilty of insurance fraud when the person, with the intent to injure, defraud or deceive any insurance company: (1) Presents or causes to be presented to any insurance company, any written or oral statement including computer-generated documents as part of, or in support of, any application for any policy of insurance or a claim for payment or other benefit pursuant to such policy of insurance, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such application or claim; or (2) assists, abets, solicits, or conspires with another to prepare or make any written or oral statement that is intended to be presented to any insurance company in connection with, or in support of, any application for any policy of insurance or any claim for payment or other benefit pursuant to such policy of insurance, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such application or claim for the purposes of defrauding such insurance company.

      (b) For the purposes of this section, "statement" includes, but is not limited to, any notice, statement, invoice, account, estimate of property damages, bill for services, test result, or other evidence of loss, injury, or expense.

      (c) For the purposes of this section, "insurance company" means "insurance company" as defined in section 38a-1.

      (d) Insurance fraud is a class D felony.

      (P.A. 81-113; P.A. 00-211, S. 6.)

      History: P.A. 00-211 amended Subsec. (a) to delete "providing coverage for loss or damage to real or personal property caused by fire" re insurance policies and to make a technical change for purposes of gender neutrality and amended Subsec. (c) to redefine "insurance company".

      See Secs. 53-440 to 53-443, inclusive, re health insurance fraud and abuse.

      Cited. 28 CA 9, 28, 30, 31.

      Subsec. (a):

      Subdiv. (2) cited. 227 C. 1, 3.

      Subdiv. (1) cited. 28 CA 9, 11. Subdiv. (1) cited. 44 CA 294. Subdiv. (2) cited. Id.

      Sec. 53a-216. Criminal use of firearm or electronic defense weapon: Class D felony. (a) A person is guilty of criminal use of a firearm or electronic defense weapon when he commits any class A, B or C or unclassified felony as defined in section 53a-25 and in the commission of such felony he uses or threatens the use of a pistol, revolver, machine gun, shotgun, rifle or other firearm or electronic defense weapon. No person shall be convicted of criminal use of a firearm or electronic defense weapon and the underlying felony upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (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.

      (P.A. 81-342, S. 1; P.A. 86-287, S. 4.)

      History: P.A. 86-287 added reference to electronic defense weapons.

      Cited. 226 C. 497, 499. Cited. 240 C. 743. Cited. 242 C. 143.

      Cited. 24 CA 330, 331.

      Subsec. (a):

      Cited. 195 C. 651, 652.

      Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony. (a) A person is guilty of criminal possession of a firearm or electronic defense weapon when such person possesses a firearm or electronic defense weapon and (1) has been convicted of a felony, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) knows that such person is subject to a restraining or protective order of a court of this state or to a foreign order of protection, as defined in section 46b-15a, that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (4) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person. For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

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

      (P.A. 82-464, S. 1; P.A. 86-287, S. 5; P.A. 91-212; P.A. 98-129, S. 12; P.A. 99-212, S. 1; P.A. 01-130, S. 15; P.A. 03-98, S. 4.)

      History: P.A. 86-287 added reference to electronic defense weapons; P.A. 91-212 replaced "pistol, revolver" with "firearm" and made technical changes; P.A. 98-129 amended Subsec. (a) to add Subdiv. (2) prohibiting possession by a person who has been convicted as delinquent for the commission of a serious juvenile offense; P.A. 99-212 made provisions applicable to a person convicted of any felony rather than only of a capital felony and specified class A, B, C and D felonies; P.A. 01-130 amended Subsec. (a) to add Subdiv. (3) re possession by a person who knows he or she is subject to a restraining or protective order issued after notice and an opportunity to be heard in a case involving the use, attempted use or threatened use of physical force against another person and add Subdiv. (4) re possession by a person who knows he or she is subject to a firearms seizure order issued pursuant to Sec. 29-38c after notice and an opportunity to be heard; P.A. 03-98 amended Subsec. (a)(3) by replacing "protective order issued by a court" with "protective order of a court of this state" and adding provisions re foreign order of protection and re order that has been issued against such person.

      Cited. 200 C. 453, 458. Cited. 221 C. 915. Cited. 227 C. 363, 365, 368. Cited. 229 C. 164, 166. Cited. Id., 385, 388, 390, 395. Cited. 231 C. 235, 250-252. Cited. 234 C. 324, 330, 335, 338, 339. Cited. Id., 455, 464. Cited. 235 C. 274, 276. Cited. Id., 402-404. Cited. 238 C. 389. Cited. 242 C. 143. Cited. Id., 648. Cited. 247 C. 318.

      Cited. 6 CA 189, 190. Cited. 11 CA 11, 12, 15. Cited. 15 CA 161, 166, 173, 174, 180, 181, 184, 185. Cited. Id., 342- 344, 355. Cited. 19 CA 48, 51, 59. Cited. 26 CA 367, 368, 375, 377. Cited. 29 CA 207, 209, 212. Cited. 30 CA 249, 250, 259. Cited. Id., 340, 341, 343. Cited. 33 CA 521-523. Cited. 34 CA 236, 238. Cited. 35 CA 781-783. Cited. 36 CA 805, 821. Cited. 37 CA 276, 277, 287, 290. Cited. 39 CA 82, 90. Cited. 40 CA 151, 153. Cited. 45 CA 584. Weapons possessed by convicted murderer are contraband and cannot be given away by the convicted murderer. 65 CA 360.

      Subsec. (a):

      Cited. 228 C. 384, 385. Cited. 229 C. 164, 166. Cited. 231 C. 235, 237. Cited. 241 C. 413.

      Cited. 15 CA 161, 163. Cited. Id., 330, 331. Cited. Id., 749-751. Cited. 19 CA 48, 61. Cited. Id., 576, 577. Cited. 20 CA 137, 138. Cited. 24 CA 685, 686. Cited. 30 CA 26, 28. Cited. 33 CA 521, 522. Cited. 39 CA 82, 84. Cited. 40 CA 151, 153. Cited. 42 CA 768. Cited. 45 CA 390. Court upheld prior rulings that convictions under both Sec. 29-35(a) and Subdiv. (1) do not constitute double jeopardy. 83 CA 377.

      Subsec. (b):

      Cited. 19 CA 48, 51. Cited. 33 CA 521, 531, 532.

      Sec. 53a-217a. Criminally negligent storage of a firearm: Class D felony. (a) A person is guilty of criminally negligent storage of a firearm when he violates the provisions of section 29-37i and a minor obtains the firearm and causes the injury or death of himself or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years.

      (b) The provisions of this section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.

      (c) Criminally negligent storage of a firearm is a class D felony.

      (P.A. 90-144, S. 2.)

      History: (Revisor's note: In codifying public act 90-144 the internal reference in Subsec. (a) to "section 29-37c" was changed editorially by the Revisors to "section 29-37i" for accuracy).

      Section not vague as applied to defendant's conduct; he cannot mount a facial challenge to the statute. 242 C. 211.

      Sec. 53a-217b. Possession of a weapon on school grounds: Class D felony. (a) A person is guilty of possession of a weapon on school grounds when, knowing that such person is not licensed or privileged to do so, such person possesses a firearm or deadly weapon, as defined in section 53a-3, (1) in or on the real property comprising a public or private elementary or secondary school, or (2) at a school-sponsored activity as defined in subsection (h) of section 10-233a.

      (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.

      (June Sp. Sess. P.A. 92-1, S. 1; P.A. 93-416, S. 7; P.A. 94-221, S. 1; P.A. 98-129, S. 15; P.A. 01-84, S. 8, 26.)

      History: P.A. 93-416 amended Subsecs. (a) and (c) to replace reference to offense of "possession of a firearm on school grounds" with revised name of "possession of a weapon on school grounds" due to inclusion of deadly weapon in offense in Subsec. (a); P.A. 94-221 amended Subsec. (a) to add Subdiv. (2) re school-sponsored activities and amended Subdiv. (5) of Subsec. (b) to substitute "permitted by" the board of education for "not prohibited by school officials" and, notwithstanding the provisions of Subsec. (b), provided for the prohibition by boards of education of the possession of firearms by students in or on school property or at a school-sponsored activity; P.A. 98-129 amended Subsec. (a) to add element that the person know that he is not licensed or privileged to possess a weapon on school grounds and amended Subsec. (b) to delete former Subdiv. (1) that had made provisions of Subsec. (a) inapplicable to the lawful possession of a firearm by a person holding a valid state or local permit to carry such firearm, renumbering the remaining Subdivs. accordingly, and deleted provision that had authorized boards of education and supervisory agents of private schools to prohibit the possession of firearms by students in or on school property or at a school-sponsored activity; P.A. 01-84 amended Subsec. (b) to exempt in Subdiv. (1) possession of a firearm for use in an approved program "at such school-sponsored activity" and made technical changes for purposes of gender neutrality in Subsecs. (a) and (b), effective July 1, 2001.

      Sec. 53a-217c. Criminal possession of a pistol or revolver: Class D felony. (a) A person is guilty of criminal possession of a pistol or revolver when such person possesses a pistol or revolver, as defined in section 29-27, and (1) has been convicted of a felony or of a violation of subsection (c) of section 21a-279 or section 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) has been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect pursuant to section 53a-13, (4) has been confined in a hospital for persons with psychiatric disabilities, as defined in section 17a-495, within the preceding twelve months by order of a probate court, (5) knows that such person is subject to a restraining or protective order of a court of this state or to a foreign order of protection, as defined in section 46b-15a, that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, (6) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, or (7) is an alien illegally or unlawfully in the United States. For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

      (b) Criminal possession of a pistol or revolver is a class D felony.

      (July Sp. Sess. P.A. 94-1, S. 3; P.A. 98-129, S. 13; P.A. 99-212, S. 21; P.A. 03-98, S. 5.)

      History: P.A. 98-129 amended Subsec. (a) to add new Subdiv. (2) prohibiting the possession of a pistol or revolver by a person who has been convicted as delinquent for the commission of a serious juvenile offense, renumbering the remaining Subdivs. accordingly, and replaced in Subdiv. (4) "hospital for mental illness" with "hospital for persons with psychiatric disabilities"; P.A. 99-212 amended Subsec. (a) to add new Subdiv. (6) prohibiting the possession of a pistol or revolver by a person who knows that such person is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice and an opportunity to be heard has been provided to such person, renumbering the remaining Subdiv. accordingly, and made provisions gender neutral; P.A. 03-98 amended Subsec. (a) by making a technical change in Subdiv. (1) and replacing "protective order issued by a court" with "protective order of a court of this state" and adding provisions re foreign order of protection and re order that has been issued against such person in Subdiv. (5).

      Operability of the pistol or revolver is not essential element of the offense. 59 CA 112. Where prior felony conviction formed basis of a charge under this section, violation of section could not be established without presenting proof of such conviction. 64 CA 384.

      Sec. 53a-217d. Criminal possession of body armor: Class A misdemeanor. (a) A person is guilty of criminal possession of body armor when he possesses body armor and has been (1) convicted of a capital felony, a class A felony, except a conviction under section 53a-196a, a class B felony, except a conviction under section 53a-86, 53a-122 or 53a-196b, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153 or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or (2) convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120.

      (b) For the purposes of this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance and "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

      (c) Criminal possession of body armor is a class A misdemeanor.

      (P.A. 98-127, S. 1.)

      See Sec. 53-341b re restriction on sale or delivery of body armor.

      Sec. 53a-217e. Negligent hunting. Penalties. Fines deposited in the Criminal Injuries Compensation Fund and the Conservation Fund. Suspension of hunting license. Forfeiture of hunting weapon. Prima facie evidence of hunting. (a) As used in this section:

      (1) "Criminal negligence" shall have the same meaning as "criminal negligence", as defined in section 53a-3;

      (2) "Hunting" shall have the same meaning as "hunting", as defined in section 26-1;

      (3) "Loaded hunting implement" means (A) a rifle or shotgun with a live round in the chamber or in a magazine which is attached to such rifle or shotgun, a muzzle-loaded firearm with the percussion cap in place, or a flintlock firearm with powder in the pan, (B) a bow and arrow with an arrow notched on the bow, (C) a drawn crossbow with a bolt in place, or (D) a high velocity air gun that is charged with a projectile in the chamber or in a magazine that is attached to such air gun; and

      (4) "Serious physical injury" shall have the same meaning as "serious physical injury, as defined in section 53a-3.

      (b) (1) A person is guilty of negligent hunting in the first degree when, with criminal negligence while hunting, such person discharges a loaded hunting implement and thereby causes the death of another person.

      (2) Negligent hunting in the first degree is a class D felony.

      (c) (1) A person is guilty of negligent hunting in the second degree when, with criminal negligence while hunting, such person violates any provision of section 26-85 or discharges a loaded hunting implement and thereby causes the serious physical injury of another person.

      (2) Negligent hunting in the second degree is a class A misdemeanor and any person found guilty under subdivision (1) of this subsection shall be fined not less than four hundred dollars.

      (d) (1) A person is guilty of negligent hunting in the third degree when such person, while hunting, (A) discharges a firearm at a time of day when hunting is not permitted, (B) discharges a firearm from a vehicle, (C) hunts while the person's license to hunt is suspended, (D) hunts out of season or on a Sunday, or (E) discharges a firearm so as to cause the projectile to strike or enter into any building occupied by people or domestic animals or used for storage of flammable or combustible materials.

      (2) Negligent hunting in the third degree is a class B misdemeanor and any person found guilty under subdivision (1) of this subsection shall be fined not less than two hundred dollars.

      (e) (1) A person is guilty of negligent hunting in the fourth degree when such person, while hunting, (A) hunts without purchasing a license, permit or stamp or other permission required by law, (B) is in possession of a loaded hunting implement at a time of day when hunting is not allowed, (C) hunts with or discharges a firearm less than two hundred fifty feet from any building occupied by people or domestic animals or used for storage of flammable or combustible materials, or less than one hundred twenty-five feet from any such building while hunting in tidal water areas, unless written permission of the owner of such building has been obtained, or (D) hunts from or discharges a hunting implement from or across a public highway.

      (2) Negligent hunting in the fourth degree is a class C misdemeanor.

      (f) Any person who is convicted of a violation of any provision of subsection (b), (c) or (d) of this section or subsection (b) of section 53-206d within five years of a previous conviction for violation of this section shall be considered a persistent negligent hunter. Upon such second conviction within five years, a persistent negligent hunter shall be fined an amount that is not less than twice the minimum fine provided for the second violation and shall be subject to penalties provided for the next more serious degree of negligent hunting under subsection (b), (c) or (d) of this section or subsection (b) of section 53-206d.

      (g) Any fine imposed for a conviction under subsection (b) or (c) of this section or subsection (b) of section 53-206d shall be deposited in the Criminal Injuries Compensation Fund established pursuant to section 54-215. Any fine imposed for a conviction under subsection (d) or (e) of this section shall be deposited in the Conservation Fund established under section 22a-27h for land management or acquisition of hunting easements.

      (h) (1) The Commissioner of Environmental Protection may suspend the hunting license of any person convicted under subsection (b), (c), (d) or (e) of this section or subsection (b) of section 53-206d for: (A) Indefinitely upon conviction of negligent hunting in the first degree or upon conviction of any violation of subsection (b) of section 53-206d; (B) up to ten years upon conviction of negligent hunting in the second degree; (C) up to five years upon conviction of negligent hunting in the third degree; and (D) up to three years upon conviction of negligent hunting in the fourth degree.

      (2) Any person arrested for a violation of subsection (b), (c) or (d) of this section or subsection (b) of section 53-206d, except as provided in section 26-85 shall surrender any firearm, bow, crossbow, bolt or high velocity air gun in the person's possession while hunting at the time of the alleged violation. Such property shall be confiscated at the time of arrest by a police officer or conservation officer. Upon nolle or dismissal of charges or acquittal of such person of such violation, such property shall be returned to the person within five business days and in the same condition as when the firearm, bow, crossbow or high velocity air gun was surrendered. Notwithstanding the provisions of sections 54-33g and 54-36a, the property shall be turned over to the Commissioner of Environmental Protection upon conviction of such person for such violation. Said commissioner shall (A) retain the property for use by personnel of the Department of Environmental Protection, (B) convey the property to the Commissioner of Administrative Services for sale at public auction, the proceeds of which shall be credited to the Criminal Injuries Compensation Fund established pursuant to section 54-215, or (C) destroy the property.

      (i) Possession by any person of a loaded hunting implement while at or entering or leaving an area where a reasonable person would believe the objective was to take wildlife shall be prima facie evidence of hunting, except that a person may, one hour before sunrise during the regulated deer and turkey firearms hunting seasons, be in possession of a loaded rifle or shotgun, as defined in subdivision (3) of subsection (a) of this section, provided a live round is not in the chamber of the rifle or shotgun.

      (P.A. 00-142, S. 1.)

      Sec. 53a-218. Interference with a cemetery or burial ground: Class C felony. (a) A person is guilty of interference with a cemetery or burial ground when he, without authorization of the owner of the burial lot, or a lineal descendant of the deceased, or of the municipality, cemetery association or person or authority responsible for the control or management of the cemetery or burial ground: (1) Intentionally destroys, mutilates, defaces, injures or removes any tomb, monument, gravestone or other structure placed or designed for a memorial of the dead, or any portion or fragment thereof, or any fence, railing, curb or other enclosure for the burial of the dead, in or from any cemetery or burial ground; or (2) wantonly or maliciously disturbs the contents of any tomb or grave in any cemetery or burial ground.

      (b) Interference with a cemetery or burial ground is a class C felony and any person found guilty under this section shall be fined not less than five hundred dollars.

      (P.A. 84-280, S. 4; P.A. 89-109; P.A. 96-209, S. 2.)

      History: P.A. 89-109 established a minimum fine of five hundred dollars; P.A. 96-209 amended Subsec. (b) by changing penalty from class D to class C felony.


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