2022 Connecticut General Statutes
Title 53a - Penal Code
Chapter 951 - Penal Code: Statutory Construction; Principles of Criminal Liability
Section 53a-21. - Use of physical force in defense of property.

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

(1969, P.A. 828, S. 21; 1971, P.A. 871, S. 7; P.A. 92-260, S. 6.)

History: 1971 act specified use of “reasonable” physical force; P.A. 92-260 made technical changes by replacing “believes it necessary” with “believes such to be necessary”.

Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. An act injurious to the physical well-being of a child is prohibited; statute is not unconstitutionally vague. 192 C. 37. Cited. 204 C. 240; 209 C. 75; 226 C. 601. Section does not bar defendant from claiming that he did not commit a larceny in order to defend against a robbery charge where larceny is an element of the robbery offense. 317 C. 338.

Cited. 2 CA 617; judgment overruled in part, see 317 C. 338; 8 CA 667; judgment overruled in part, see 317 C. 338; 16 CA 455; 19 CA 445; 23 CA 615; 24 CA 195; 29 CA 283; judgment reversed, see 228 C. 795; 31 CA 58; 32 CA 687; 34 CA 368, see also 233 C. 517; 45 CA 390. Privilege to enter another's home to retrieve goods does not exist when defendant voluntarily gave his property to the victim. 116 CA 112. Section mandates that a defendant must use reasonable physical force upon another person to invoke defense of property; section is inapplicable to crimes involving the use of force against property. 187 CA 813; judgment affirmed on alternate grounds, see 335 C. 720.

Cited. 34 CS 612.