2005 Connecticut Code - Sec. 53a-183. Harassment in the second degree: Class C misdemeanor.

      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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