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".
PART XXI
MISCELLANEOUS OFFENSES
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.