US Laws, Codes, Statutes & Cases

      Sec. 53a-67. Affirmative defenses. (a) In any prosecution for an offense under this part based on the victim's being mentally defective, mentally incapacitated or physically helpless, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know of such condition of the victim.

      (b) In any prosecution for an offense under this part, except an offense under section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, it shall be an affirmative defense that the defendant and the alleged victim were, at the time of the alleged offense, living together by mutual consent in a relationship of cohabitation, regardless of the legal status of their relationship.

      (1969, P.A. 828, S. 68; P.A. 75-619, S. 2; P.A. 81-27, S. 3; P.A. 90-162.)

      History: P.A. 75-619 deleted former Subsec. (b) which had allowed as affirmative defense the actor's belief that alleged victim was above the specified age in cases where age is an element of offense unless victim is under fourteen, relettering Subsec. (c) accordingly; P.A. 81-27 amended Subsec. (b) to exempt prosecutions for an offense under section 53a-70b; P.A. 90-162 amended Subsec. (b) to exempt prosecutions for an offense under section 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b.

      Cited. 192 C. 154, 164. Cited. 198 C. 190, 196. Cited. 202 C. 86, 91.

      Cited. 3 CA 374, 388.

      Subsec. (b):

      Discussion of "cohabitation" and burden of producing evidence thereof for entitlement to a charge on the affirmative defense under statute. 181 C. 426, 432-434. Cited. 198 C. 190, 191, 193, 195, 199. Cited. 209 C. 733, 739-741, 752. Cited. 233 C. 813, 850.

      Cited. 1 CA 724, 730. Cited. 10 CA 709, 712, 716. Cited. 11 CA 102, 116. Sec. 53a-67(c) (Revised to 1972) cited. Id. Cited. 25 CA 384, 389. Cited. 28 CA 581, 591; judgment reversed, see 226 C. 601 et seq. Cited. 41 CA 604, 619.

      Secs. 53a-68 and 53a-69. Corroboration; exceptions. Time limitation for complaint. Sections 53a-68 and 53a-69 are repealed.

      (1969, P.A. 828, S. 69, 70; P.A. 74-131; P.A. 76-216; P.A. 87-223.)

      Sec. 53a-70. Sexual assault in the first degree: Class B or A felony. (a) A person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by the use of force against such other person or a third person, or by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (2) engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or more other persons actually present, or (4) engages in sexual intercourse with another person and such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.

      (b) (1) Except as provided in subdivision (2) of this subsection, sexual assault in the first degree is a class B felony for which two years of the sentence imposed may not be suspended or reduced by the court or, if the victim of the offense is under ten years of age, for which ten years of the sentence imposed may not be suspended or reduced by the court.

      (2) Sexual assault in the first degree is a class A felony if the offense is a violation of subdivision (1) of subsection (a) of this section and the victim of the offense is under sixteen years of age or the offense is a violation of subdivision (2) of subsection (a) of this section. Any person found guilty under said subdivision (1) or (2) shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age or of which five years of the sentence imposed may not be suspended or reduced by the court if the victim is under sixteen years of age.

      (3) Any person found guilty under this section shall be sentenced to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of at least ten years.

      (1969, P.A. 828, S. 71; 1971, P.A. 871, S. 19; 1972, P.A. 127, S. 78; P.A. 75-619, S. 3; P.A. 82-428, S. 2; P.A. 89-359; P.A. 92-87, S. 3; P.A. 93-340, S. 14; P.A. 95-142, S. 13; June Sp. Sess. P.A. 99-2, S. 49; P.A. 00-161, S. 1; P.A. 02-138, S. 5.)

      History: 1971 act replaced alphabetic Subdiv. indicators in Subsec. (a) with numeric indicators; 1972 act changed applicable age in Subsec. (a)(1) from twenty-one to eighteen reflecting lowered age of majority; P.A. 75-619 reworded section to reflect changes in definitions of Sec. 53a-65, substituted sexual "assault" for sexual "misconduct" and made the offense a Class B rather than Class D felony; P.A. 82-428 amended Subsec. (b) to provide that one year of sentence may not be suspended or reduced by the court; P.A. 89-359 amended Subsec. (a) by adding Subdiv. (2) re engaging in sexual intercourse with a person under thirteen years of age; P.A. 92-87 amended Subsec. (a) by adding Subdiv. (3) re committing sexual assault in the second degree while aided by two or more other persons actually present; P.A. 93-340 amended Subsec. (a) by specifying in Subdiv. (2) that the actor be more than two years older than the other person; P.A. 95-142 amended Subsec. (b) to provide that ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age; June Sp. Sess. P.A. 99-2 amended Subsec. (b) to increase from one year to two years the nonsuspendable portion of the sentence imposed when the victim is other than a victim under ten years of age and to add requirement that any person found guilty be sentenced to a term of imprisonment and a period of special parole pursuant to Sec. 53a-28(b) which together constitute a sentence of at least ten years; P.A. 00-161 amended Subsec. (a) by adding Subdiv. (4) re engaging in sexual intercourse with a person who is mentally incapacitated, which conduct was formerly classified as sexual assault in the second degree under Sec. 53a-71(a)(2) but was deleted from said section by same public act; P.A. 02-138 amended Subsec. (b) by designating existing provision re classification of offense and length of nonsuspendable sentence as Subdiv. (1) and amending said Subdiv. to add exception re Subdiv. (2), adding new Subdiv. (2) to classify the offense as a class A felony for a violation of Subsec. (a)(1) when the victim is under sixteen years of age and for a violation of Subsec. (a)(2) and establish a nonsuspendable sentence for said violations of ten years if the victim is under ten years of age and five years if the victim is under sixteen years of age and designating existing provisions re minimum length of a combined sentence of imprisonment and special parole as Subdiv. (3).

      See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

      See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315, 317; id., 398, 399. Repealed section 53a-72 cited. Id., 512, 513, 516. Cited. 182 C. 412, 413. Cited. 184 C. 258, 259. Cited. 186 C. 45, 52; id., 449, 450; id., 521, 522. Cited. 187 C. 216, 217, 218, 220, 221. Cited. 190 C. 20, 21. Cited. 191 C. 604, 615, 616. Cited. 192 C. 154, 164. Cited. 194 C. 114, 115. Cited. Id., 297, 298. Cited. Id., 692- 696, 698. Cited. 195 C. 253, 254. 265. Cited. 197 C. 280, 281. Cited. Id., 298, 299. "Does not include sexual intercourse with a victim whom the assailant finds unconscious" but does not apply when assailant strangled victim into a state of unconsciousness. 198 C. 53, 60, 61. Cited. Id., 190, 193. Cited. 199 C. 121, 123. Cited. Id., 193, 194. Cited. Id., 281, 282. Cited. Id., 481, 494. Cited. Id., 693-695, 711. Cited. 200 C. 465, 466. Cited. 201 C. 115, 116. Cited. Id., 659, 660. Cited. 202 C. 343, 344. Cited. Id., 676, 677. Cited. 204 C. 98, 99. Cited. Id., 441, 442. Cited. Id., 571, 572. Cited. 205 C. 61, 63. Cited. 207 C. 646, 652. Cited. 209 C. 733, 735, 738-741, 743, 744, 747, 748, 750, 752-757. Cited. 210 C. 110, 117, 127, 128. Section not void for vagueness in context of circumstances of case. Id., 132-134, 136, 139, 143, 144. Cited. 211 C. 672, 674. Cited 212 C. 31, 33. Cited. 215 C. 257, 258. Judgment of appellate court in State v. Horne, reversed. Id., 538, 542, 543. Cited. 219 C. 489, 491. Cited. 220 C. 112, 114. Cited. Id., 345, 347, 348. Cited. 222 C. 556, 558. Cited. 223 C. 180-182. Cited. Id., 731, 733. Cited. 224 C. 397, 399, 403, 414. Cited. Id., 656, 663; judgment reversed, see 31 CA 452 et seq. Cited. 226 C. 601, 602, 610. Cited. Id., 618, 646. Cited. 227 C. 207, 209, 210. Cited. Id., 616, 623. Cited. Id., 677, 679. Cited. 228 C. 456, 458. Cited. 230 C. 43, 47. Cited. 235 C. 711, 713. Cited. 238 C. 389. Cited. 240 C. 743. Cited. 242 C. 409. Cited. Id., 689. Penetration element of statute applicable to first degree sexual assault by fellatio not satisfied when alleged victim is compelled to lick perpetrator's penis without necessarily also being compelled to insert penis into the mouth. 256 C. 517.

      Cited. 1 CA 344, 345; id., 378, 379. Cited. Id., 724, 725, 735. Cited. 3 CA 148, 149. Cited. Id., 374, 375, 388. Cited. Id., 650, 652. Cited. 5 CA 424, 425. Cited. Id., 556. Cited. Id., 586, 587, 589. Cited. 7 CA 257, 258, 261-263. Cited. Id., 701, 702. Cited. 8 CA 44, 45. Cited. Id., 190, 191. Cited. Id., 216, 218. Cited. Id., 345, 346. Cited. Id., 399. Cited. Id., 528, 529, 538. Cited. Id., 620, 621, 626. Cited. 10 CA 457, 458. Cited. Id., 520, 521. Cited. Id., 709, 711, 714. Court concluded the absence of a marital relationship between defendant and victim is not an essential element. 11 CA 102, 112, 118. Cited. Id., 236. Cited. Id., 238, 239. Cited. Id., 316, 319, 321. Cited. 12 CA 585, 587. Cited. 13 CA 413, 414. Cited. 14 CA 333, 334. Cited. Id., 688, 693. Cited. 15 CA 251, 274. Cited. 16 CA 75, 76, 78, 80. Cited. 17 CA 391, 392. Cited. 18 CA 134, 135, 146. Cited. 19 CA 111, 116, 140, 142, 145. Cited. 20 CA 737, 738. Cited. 22 CA 531, 532. Cited. Id., 562, 563. Cited. 23 CA 1, 2. Cited. Id., 221, 222. Cited. Id., 564, 567; judgment reversed in part, see 220 C. 400 et seq. Cited. 24 CA 13, 14. Cited. Id., 24, 25. Cited. Id., 295, 296. Cited. 25 CA 334, 335. Cited. Id., 503, 505. Cited. Id., 653, 654; judgment reversed, see 223 C. 52 et seq. Cited. 26 CA 151, 152. Cited. Id., 433, 434. Cited. Id., 674, 676, 678, 680. Cited. 28 CA 548, 551, 556. Cited. Id., 581, 583, 589, 592; judgment reversed, see 226 C. 601 et seq. Cited. 29 CA 642, 643. Cited. 32 CA 773, 775. Cited. 34 CA 276, 278. Cited. 35 CA 173, 181. Cited. Id., 754, 755. Cited. 36 CA 177, 178. Cited. 38 CA 56, 60. Cited. Id., 777, 779. Cited. 39 CA 267, 268. Cited 40 CA 553, 554. Cited. 41 CA 604, 619, 620. Cited. 43 CA 715. Cited. 44 CA 548. Cited. 46 CA 741. Intent or motive of sexual assault perpetrators, discussed. 47 CA 159. Age of victim not an element of crime for which jury makes a factual determination but a sentencing factor determined by the courts. 74 CA 376. On basis of the evidence, jury could reasonably conclude that defendant intended to force victim to have sexual intercourse with him and intended to compel sexual intercourse by use of force or the threat of use of force. 75 CA 447. Because the necessary elements of this section and Sec. 53-21 are distinct, court's respective findings of not guilty and guilty of these distinct crimes was not legally inconsistent. 78 CA 25.

      Cited. 41 CS 229, 231, 232, 236. Cited 43 CS 46, 66, 67.

      Subsec. (a):

      Cited. 179 C. 328, 329; 180 C. 101, 102; Id., 565. Subdiv. (2) cited. 182 C. 449, 451, 455. Cited. 185 C. 163, 164. Subdiv. (2) cited. Id., 402, 403. Cited. 186 C. 757, 758, 763, 766. Cited. 187 C. 681, 683. Subdiv. (2) cited. 188 C. 372, 373. Cited. Id., 565, 566. Cited. 188 C. 574, 576. Subdiv. (2) cited. Id., 697, 703, 713. Cited. 189 C. 106, 107; id., 611, 612, 625, 628-630; id., 631, 633. Subdiv. (2) cited. Id., 631, 645. Cited. 190 C. 104, 105, 108; id., 327, 329. Subdiv. (2) cited. Id., 440, 441. Cited. Id., 496, 498. Cited. 191 C. 604, 605. Subdiv. (1) cited. 192 C. 166, 167. Cited. 193 C. 457, 459. Cited. 194 C. 258, 259, 274. Cited. Id., 594, 595. Cited. Id., 692, 694, 696-698. Cited. 197 C. 50-52. Cited. Id., 485, 486. Cited. 198 C. 53, 54, 60. Cited. Id., 190, 191, 200. Cited. Id., 285, 287. Cited. Id., 314, 315. Cited. Id., 405, 406. Cited. Id., 430, 432. Cited. Id., 598, 600. Cited. Id., 617, 618. Cited. 199 C. 62, 63. Cited. Id., 399, 400. Cited. Id., 481, 482, 488. Cited. 201 C. 559, 560. Cited. 202 C. 259, 260. Cited. Id., 509-511, 514. Cited. 203 C. 385, 386. Cited. 204 C. 714, 716. Cited. 206 C. 39, 40. Cited. Id., 132, 134, 151. Cited. Id., 437, 439. Cited. Id., 528, 531, 532. Cited. 206 C. 40, 42, 43. Cited. 207 C. 646, 647. Cited. 209 C. 143-145. Cited. Id., 416-418. Cited. 210 C. 51, 53. Cited. Id., 110, 112, 115, 123, 127. Cited. Id., 315, 316. Cited. Id., 359, 382. Cited. 211 C. 18, 20, 25. Cited. 212 C. 31-33. Cited. 213 C. 593, 602. Cited. 214 C. 38, 39. Subdiv. (2) Cited. Id., 717, 719. Judgment of appellate court in State v. Horne, reversed. 215 C. 538, 540. Cited. 216 C. 563, 565. Cited. 218 C. 447, 448. Cited. 219 C. 269, 271. Cited. Id., 283, 284. Cited. Id., 489, 510. Cited. 220 C. 400, 402. Cited. Id., 487, 489. Cited. Id., 698, 700. Cited. 221 C. 264, 265. Cited. 222 C. 87, 88. Cited. 223 C. 52, 53. Subdiv. (1) cited. 225 C. 450, 452. Cited. Id., 519, 520. Cited. 226 C. 601, 602, 610, 611. Subdiv. (1) cited. Id., 601, 610, 611. Subdiv. (2) cited. Id., 601, 611. Cited. Id., 618-620, 644. Subdiv. (1) cited. Id., 618, 644, 645, 649, 650. Subdiv. (1) cited. 227 C. 616, 617, 619, 620, 624. Cited. Id., 616, 622. Subdiv. (1) cited. 228 C. 393, 395. Cited. Id., 456, 469. Subdiv. (1) cited. Id., 456, 469. Subdiv. (2) cited. Id., 456, 472. Cited. Id., 552, 554, 570. Cited. Id., 582, 584. Subdiv. (1) cited. Id., 756, 757. Subdiv. (1) cited. 229 C. 529, 530, 536. Cited. Id., 580, 581. Subdiv. (1) cited. Id., 557, 559. Subdiv. (1) cited. Id., 580, 584, 586. Cited. 230 C. 43, 46, 47, 69. Subdiv. (1) cited. 231 C. 195, 196. Subdiv. (1) cited. 232 C. 707, 708. Subdiv. (1) cited. 233 C. 403, 409. Subdiv. (1) cited. 235 C. 145, 146. Subdiv. (3) cited. Id., 502, 517. Subdiv. (2) cited. Id., 659, 661. Subdiv. (1) cited. 237 C. 284-286. Subdiv. (1) cited. Id., 576. Cited. Id., 694. Cited. 241 C. 784. Subdiv. (2) cited. Id., 823. Subdiv. (1) cited. 242 C. 409. Cited. Id., 445. Subdiv. (1) cited. Id., 523. Medical treatment exception to the hearsay rule applies to a child sexual assault victim's statements made to a social worker acting in the chain of medical care if statements were made to obtain medical treatment and were pertinent to the treatment sought. 260 C. 1.

      Cited. 1 CA 344, 346. Cited. Id., 724, 735. Cited. 4 CA 514. Cited. Id., 672. Cited. 7 CA 149, 150. Cited. Id., 489, 493. Cited. Id., 653. Cited. 8 CA 35. Cited. Id., 148, 149. Cited. Id., 177, 178. Cited. Id., 387, 388. Cited. Id., 528, 538, 539, 541. Cited. Id., 620, 625, 626. Cited. 9 CA 208, 209. Cited. Id., 340, 341. Cited. 10 CA 217, 218. Cited. Id., 709, 711, 712, 716, 717. Cited. 11 CA 102, 103, 110, 112. Cited. Id., 316, 320, 322, 323. Cited. Id., 673, 674. Cited. 13 CA 60, 61. Cited. Id., 67. Cited. Id., 76, 85. Cited. 14 CA 40. Cited. Id., 451, 452. Cited. Id., 657, 658. Cited. Id., 688, 689, 692. Cited. Id., 710, 712. Cited. 15 CA 222, 225. Cited. 16 CA 75, 80. Cited. 17 CA 525, 526. Cited. 18 CA 134, 135, 137. Cited. Id., 273, 274. Cited. Id., 643, 644. Cited. Id., 730. Cited. 19 CA 111, 116, 140; judgment reversed, see 215 C. 538 et seq. Cited. Id., 618, 619. Cited. Id., 631, 633. Cited. 20 CA 101, 102. Cited. Id., 193, 194. Cited. Id., 737, 753. Cited. 21 CA 411, 412. Cited. Id., 467, 468. Cited. 22 CA 329, 330. Cited. Id., 477, 478. Cited. 23 CA 564, 565; judgment reversed in part, see 220 C. 400 et seq. Cited. 25 CA 243, 245, 251. Cited. Id., 384. Cited. Id., 653, 654; judgment reversed, see 223 C. 52 et seq. Cited. Id., 725, 726. Subdiv. (2) cited. 26 CA 81, 82. Cited. Id., 395, 396, 398, 400. Subdiv. (1) cited. Id., 433, 434, 436. Cited. Id., 574, 575. Cited. 27 CA 279, 280. Cited. Id., 705, 706. Cited. 28 CA 91, 92. Cited. Id., 195, 196. Subdiv. (1) cited. Id., 360, 361, 363, 366; judgment reversed, see 229 C. 529 et seq. Cited. Id., 402, 404. Cited. Id., 581, 591; judgment reversed, see 226 C. 601 et seq. Cited. 29 CA 409, 414. Subdiv. (2) cited. Id., 724, 725. Cited. 30 CA 56. Subdiv. (1) cited. Id., 281, 282, 285, 287. Subdiv. (1) cited. Id., 523, 524. Subdiv. (1) cited. Id., 915. Subdiv. (1) cited. 32 CA 178, 179. Cited. Id., 217, 218; judgment reversed, see 229 C. 580 et seq. Subdiv. (1) cited. Id., 217, 220; judgment reversed, see 229 C. 580 et seq. Subdiv. (1) cited. Id., 483, 485. Subdiv. (2) cited. Id., 773, 775. Subdiv. (1) cited. 33 CA 184, 185; judgment reversed, see 232 C. 707 et seq. Cited. Id., 457, 458. Cited. 34 CA 276, 278. Subdiv. (1) cited. 35 CA 173, 175. Subdiv. (2) cited. Id., 728-730. Cited. 36 CA 177, 178. Subdiv. (1) cited. Id., 190, 191, 196, 202. Cited. Id., 216, 217. Subdiv. (1) cited. Id., 228, 229. Cited. Id., 641, 642. Subdiv. (1) cited. Id., 695, 696. Subdiv. (2) cited. 38 CA 56, 58. Subdiv. (1) cited. Id., 100, 102. Subdiv. (2) cited. Id., 125, 126, 133. Subdiv. (1) cited. Id., 231, 232. Subdiv. (1) cited. Id., 531, 532. Subdiv. (1) cited. Id., 777, 785, 790. Subdiv. (1) cited. 39 CA 45, 46. Subdiv. (1) cited. Id., 617, 618. Subdiv. (1) cited. Id., 742, 743. Subdiv. (1) cited. Id., 832, 833. Subdiv. (1) cited. 40 CA 132. Subdiv. (2) cited. Id., 132, 133, 142, 146, 148. Subdiv. (2) cited. Id., 233, 234. Subdiv. (1) cited. Id., 250, 252. Subdiv. (1) cited. 41 CA 139, 140. Subdiv. (2) cited. Id., 204, 205. Subdiv. (1) cited. Id., 255, 257. Subdiv. (1) cited. Id., 287, 288, 296. Cited. Id., 317, 318. Cited. 42 CA 78. Subdiv. (2) cited. Id., 186; judgment reversed, see 241 C. 823 et seq. Subdiv. (1) cited. Id., 445. Cited. 43 CA 552. Cited. Id., 680. Subdiv. (1) cited. Id. Subdiv. (1) cited. Id., 704. Subdiv. (1) cited. Id., 715. Subdiv. (2) cited. Id., 785. Subdiv. (2) cited. 44 CA 457. Cited. Id., 548. Subdiv. (2) cited. 45 CA 66. Subdiv. (2) cited. Id., 116. Subdiv. (1) cited. Id., 289. Subdiv. (1) cited. Id., 756. Subdiv. (1) cited. 46 CA 810. Conviction of both sexual assault and unlawful restraint is not double jeopardy. 47 CA 117. Trial court did not abuse its discretion in commenting on testimony of state's expert witness concerning inconsistencies in results of victim's rape kit tests, that court having also instructed jury to base findings on recollection of all evidence presented; defendant's challenge to other aspects of instructions on scientific evidence were not properly preserved for appellate review. Trial court properly admitted victim's written statement to police as constancy of accusation evidence; defendant failed to establish that court abused its discretion or that he was prejudiced by admission of that evidence, and his claim that victim's statement is admissible only if tape recorded was incorrect. 48 CA 135. Subdiv. (1): Trier of fact reasonably could have concluded beyond a reasonable doubt that defendant compelled victim to engage in sexual intercourse by use of force. 52 CA 466. Subdiv. (1): Defendant could not succeed in argument that the evidence did not support a guilty verdict under section; jury could reasonably have concluded that the facts and inferences established guilt beyond reasonable doubt. 55 CA 412. Evidence was sufficient for jury to find defendant guilty beyond a reasonable doubt. 57 CA 736. Statute is not unconstitutionally vague as applied to facts of the case. 58 CA 585. Evidence was sufficient to establish guilt beyond a reasonable doubt. 75 CA 201.

      Subsec. (b):

      Cited. 207 C. 412, 416.

      Cited. 23 CA 564, 567; judgment reversed in part, see 220 C. 400 et seq.

      Sec. 53a-70a. Aggravated sexual assault in the first degree: Class B or A felony. (a) A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree as provided in section 53a-70, and in the commission of such offense (1) such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a deadly weapon, (2) with intent to disfigure the victim seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the victim's body, such person causes such injury to such victim, (3) under circumstances evincing an extreme indifference to human life such person recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to such victim, or (4) such person is aided by two or more other persons actually present. No person shall be convicted of sexual assault in the first degree and aggravated sexual assault in the first degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Aggravated sexual assault in the first degree is a class B felony or, if the victim of the offense is under sixteen years of age, a class A felony. Any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court, except that, if such person committed sexual assault in the first degree by violating subdivision (1) of subsection (a) of section 53a-70, and the victim of the offense is under sixteen years of age, twenty years of the sentence imposed may not be suspended or reduced by the court. Any person found guilty under this section shall be sentenced to a period of special parole pursuant to subsection (b) of section 53a-28 of at least five years.

      (P.A. 75-619, S. 9; P.A. 80-442, S. 20, 28; P.A. 87-246; P.A. 92-87, S. 2; June Sp. Sess. P.A. 99-2, S. 50; P.A. 02-138, S. 6.)

      History: P.A. 80-442 substituted "deadly weapon" for "firearm" and reference to specific firearms where occurring and increased portion of sentence which may not be suspended or reduced from one year to five years in Subsec. (b), effective July 1, 1981; P.A. 87-246 changed the name of the offense from sexual assault in the first degree with a deadly weapon to aggravated sexual assault in the first degree and amended Subsec. (a) by adding Subdiv. (2) re disfiguring the victim or destroying, amputating or disabling a member or organ of the victim and Subdiv. (3) re recklessly engaging in conduct creating a risk of death to the victim and thereby causing serious physical injury to the victim; P.A. 92-87 amended Subsec. (a) by adding Subdiv. (4) re commission of the offense while aided by two or more other persons actually present; June Sp. Sess. P.A. 99-2 amended Subsec. (b) to add requirement that any person found guilty be sentenced to a term of imprisonment and a period of special parole pursuant to Sec. 53a-28(b) which together constitute a sentence of twenty years and made provisions of section gender neutral; P.A. 02-138 amended Subsec. (b) to classify the offense as a class A felony if the victim is under sixteen years of age, add exception re twenty-year nonsuspendable sentence if the violation is of Sec. 53a-70(a)(1) and the victim is under sixteen years of age and replace provision that a person found guilty shall be sentenced to a term of imprisonment and a period of special parole "which together constitute a sentence of twenty years" with provision that a person found guilty shall be sentenced to a period of special parole "of at least five years".

      See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

      See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315, 317. Cited. 188 C. 697, 699, 713. Cited. 192 C. 154, 164. Cited. 204 C. 240, 242, 257. Cited. 207 C. 412, 416. Cited. 210 C. 110, 117, 127. Cited. Id., 315-317. Cited. 211 C. 672, 674. Judgment of appellate court in State v. Horne, 19 CA 111, reversed. 215 C. 538, 542, 543. Cited. 240 C. 743.

      Cited. 3 CA 374, 388. Cited. 11 CA 102, 118. Cited. 12 CA 179, 180, 187. Cited. 19 CA 111, 113, 116, 139, 140, 145; judgment reversed, see 215 C. 538 et seq. Cited. 35 CA 173, 181. Cited. 36 CA 805, 807. Cited. 43 CA 715.

      Cited. 43 CS 211, 212.

      Subsec. (a):

      Cited. 206 C. 40, 42, 43. Cited. 210 C. 110, 112, 115, 123, 128. Cited. Id., 315, 317. Cited. 216 C. 282, 295. Cited. 235 C. 502, 517. Five-week-old fetus constitutes a part of the mother's body and, therefore, is a "member" of her body for purposes of subdiv. (2). 263 C. 524.

      Cited. 19 CA 111, 142, 143; judgment reversed, see 215 C. 538 et seq. Cited. 25 CA 725, 726. For purposes of the offense described in subdiv. (4), it is victim's objective and subjective awareness, and not perpetrator's physical proximity, that controls the factual determination as to whether perpetrator is "actually present". 75 CA 578.

      Sec. 53a-70b. Sexual assault in spousal or cohabiting relationship: Class B felony. (a) For the purposes of this section:

      (1) "Sexual intercourse" means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the victim's body; and

      (2) "Use of force" means: (A) Use of a dangerous instrument; or (B) use of actual physical force or violence or superior physical strength against the victim.

      (b) No spouse or cohabitor shall compel the other spouse or cohabitor to engage in sexual intercourse by the use of force against such other spouse or cohabitor, or by the threat of the use of force against such other spouse or cohabitor which reasonably causes such other spouse or cohabitor to fear physical injury.

      (c) Any person who violates any provision of this section shall be guilty of a class B felony.

      (P.A. 81-27, S. 1.)

      See chapter 968a re address confidentiality program.

      Cited. 192 C. 154, 164. Cited. 198 C. 190, 193, 195, 196, 199. Cited. 209 C. 733, 735, 738-741, 743-745, 747, 748, 750, 752-757. Cited. 210 C. 110, 125. Cited. 240 C. 743.

      Cited. 3 CA 374, 388. Cited. 10 CA 709, 716. Cited. 11 CA 102, 112. Cited. 31 CA 20, 21, 29. Cited. Id., 497, 498, 501, 503, 506. Cited. 35 CA 173, 181. Cited. 36 CA 718, 720. Cited. 41 CA 604, 620.

      Subsec. (a):

      Subdiv. (2) cited. 31 CA 497, 503. Subdiv. (2)(B) cited. Id., 497, 506.

      Subsec. (b):

      Cited. 209 C. 733, 735.

      Cited. 10 CA 709-714. Cited. 28 CA 581, 591; judgment reversed, see 226 C. 601 et seq. Cited. 31 CA 497, 498, 503, 506. Cited. 36 CA 718, 720. Cited. 41 CA 604, 619.

      Sec. 53a-71. Sexual assault in the second degree: Class C or B felony. (a) A person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and: (1) Such other person is thirteen years of age or older but under sixteen years of age and the actor is more than two years older than such person; or (2) such other person is mentally defective to the extent that such other person is unable to consent to such sexual intercourse; or (3) such other person is physically helpless; or (4) such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare; or (5) such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (6) the actor is a psychotherapist and such other person is (A) a patient of the actor and the sexual intercourse occurs during the psychotherapy session, (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual intercourse occurs by means of therapeutic deception; or (7) the actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a health care professional; or (8) the actor is a school employee and such other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or (9) the actor is a coach in an athletic activity or a person who provides intensive, ongoing instruction and such other person is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (10) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and such other person is under eighteen years of age.

      (b) Sexual assault in the second degree is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section shall be sentenced to a term of imprisonment of which nine months of the sentence imposed may not be suspended or reduced by the court.

      (1969, P.A. 828, S. 72; P.A. 75-619, S. 4; P.A. 82-428, S. 3; P.A. 83-326, S. 1; P.A. 85-341, S. 2; P.A. 93-340, S. 2; P.A. 94-221, S. 18; P.A. 00-161, S. 2; P.A. 02-106, S. 1; 02-138, S. 7; P.A. 04-130, S. 1.)

      History: P.A. 75-619 restated Subsec. (a) to conform with changes made in definitions of Sec. 53a-65, referred to sexual "assault" rather than to sexual "misconduct" and made the offense a Class C felony rather than a Class A misdemeanor; P.A. 82-428 amended Subsec. (b) to provide that nine months of sentence may not be suspended or reduced by the court; P.A. 83-326 amended Subsec. (a) to impose liability when the victim is mentally defective or mentally incapacitated "to the extent that he is unable to consent to such sexual intercourse", redesignated as Subdiv. (3) a victim who is "physically helpless" and renumbered the remaining Subdivs.; P.A. 85-341 amended Subdiv. (1) of Subsec. (a) to increase the applicable age from fifteen to sixteen years; P.A. 93-340 amended Subdiv. (1) of Subsec. (a) to specify that the other person be thirteen years of age or older and the actor be more than two years older than such person, added Subdiv. (6) re sexual intercourse between a psychotherapist and a patient or former patient and added Subdiv. (7) re sexual intercourse accomplished by false representation that it is for a bona fide medical purpose; P.A. 94-221 amended Subsec. (a) to add Subdiv. (8) concerning school employees and students; P.A. 00-161 amended Subsec. (a)(2) by deleting provision re the act of engaging in sexual intercourse with a person who is mentally incapacitated, which conduct was reclassified as sexual assault in the first degree under Sec. 53a-70 by same public act, and by making a technical change for purposes of gender neutrality; P.A. 02-106 amended Subsec. (a) to add Subdiv. (9) re sexual intercourse between a coach or instructor and a person who is a recipient of such coaching or instruction and is a secondary school student receiving such coaching or instruction in a secondary school setting or under eighteen years of age; P.A. 02-138 amended Subsec. (b) to classify the offense as a class B felony if the victim is under sixteen years of age; P.A. 04-130 amended Subsec. (a) to add Subdiv. (10) re actor twenty years of age or older who stands in a position of power, authority or supervision over another person under eighteen years of age and engages in sexual intercourse with such other person.

      See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

      See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315, 317. Cited. 180 C. 54, 56. Cited. 185 C. 199, 200. Cited. 186 C. 45, 52. Cited. 187 C. 73, 74, 91; id., 348, 349. Cited. 189 C. 321, 325. Cited. 192 C. 154, 164. Cited. 198 C. 53, 61. Cited. 199 C. 47, 55. Cited. 201 C. 211, 212, 214, 216. Cited. 207 C. 374, 378. Cited. 209 C. 225, 230. Cited. 211 C. 455, 457. Cited. 224 C. 1, 2. Cited. 228 C. 393, 396. P.A. 93-340, Sec. 2 cited. Id. Cited. 240 C. 743. Cited. 242 C. 409.

      Cited. 3 CA 374, 388. Cited. 11 CA 102, 118. Cited. 13 CA 378, 379. Cited. 14 CA 688, 693. Cited. 15 CA 251, 254, 278. Cited. Id., 289, 290. Cited. 25 CA 270-272; judgment reversed in part, see 224 C. 1 et seq. Cited. 30 CA 527, 534, 535. Cited. 33 CA 133, 134, 139. Cited. 35 CA 173, 181. Cited. Id., 754, 756. Cited. 36 CA 383, 384. Cited. 38 CA 56, 60. Cited. 43 CA 715. Cited. 45 CA 116. Term "years" in Subsec. (a)(1) means periods of 365 or 356 days, not calendar years. Subsec. (a)(1) not void for vagueness as applied to defendant in this case despite lack of judicial gloss on meaning of "years" and does not violate defendant's right to equal protection. 47 CA 68. Evidence was sufficient for jury to find defendant guilty beyond a reasonable doubt. 57 CA 736. Pursuant to. Sec. 53-21 (2), risk of injury to or impairing the morals of a child involves sexual contact with a child younger than the age of sixteen years "in a sexual and indecent manner likely to impair the health or morals of such child ...." This section contains no such similar provision. Risk of injury to a child, therefore, contains elements lacking in sexual assault in the second degree. 79 CA 591.

      Subsec. (a):

      Subdiv. (1) cited. 175 C. 315, 324; 180 C. 167, 168; 181 C. 426, 427, 430. Subdiv. (1) cited. 182 C. 382, 383; 187 C. 73, 91; 188 C. 565, 566; id., 644, 645. Subdiv. (2) cited. 189 C. 321, 327. Subdiv. (4) cited. Id. Subdiv. (3): The terms "responsibility" and "general supervision" discussed; dissent regarded construction of those terms by majority as much narrower than origin warranted. Id., 321, 322, 324-328, 330-332. Subdiv. (1) cited. 190 C. 84, 85; 191 C. 453, 454, 463; 192 C. 154, 155, 163. Cited. Id., 154, 164. Subdiv. (1) cited. 197 C. 666, 667. Subdiv. (2) cited. 198 C. 53, 61. Subdiv. (3) cited. Id. Subdiv. (2) cited. 199 C. 481, 493, 494. Subdiv. (2) cited. 200 C. 440, 441. Subdiv. (1) cited. Id., 734, 735. Cited. 201 C. 211, 215. Subdiv. (1) cited. 204 C. 187, 189. Subdiv. (3) cited. 205 C. 386, 388. Subdiv. (1) cited. Id., 528, 531, 532. Subdiv. (1) cited. 210 C. 51, 53. Subdiv. (4) cited. Id., 244-246, 250, 265-268, 272, 274, 275. Subdiv. (1) cited. Id., 359, 362. Subdiv. (1) cited. 211 C. 185, 186. Subdiv. (1) cited. Id., 455, 462. Subdiv. (1) cited. Id., 555, 557, 582. Subdiv. (1) cited. 215 C. 653, 654; 219 C. 283, 284; 220 C. 345-348, 360. Subdiv. (1) cited. 224 C. 656, 658; judgment reversed, see 31 CA 452 et seq. Subdiv. (1) cited. 227 C. 207, 210, 211. Subdiv. (1) cited. 228 C. 393, 396. Subdiv. (1) cited. Id., 552, 554. Subdiv. (1) cited. Id., 610, 612, 619. Subdiv. (1) cited. 229 C. 580, 581. Subdiv. (1) cited. Id., 839, 840. Subdiv. (1) cited. 230 C. 43, 46-48, 69. Subdiv. (1) cited. 237 C. 321, 322. Subdiv. (1) cited. 242 C. 296. Subdiv. (3) cited. Id., 409. Court determined defendant was more than two years older than victim by calculating the difference in age based on birthdates rather than calendar years. 248 C. 543. Statute not unconstitutionally vague and does not violate defendant's right to equal protection under the law. Id. Statute does not require physical violence as element of the crime. 260 C. 486.

      Subdiv. (1) cited. 7 CA 46, 48. Cited. 8 CA 190, 196. Subdiv. (1) cited. Id., 313. Subdiv. (4) cited. 9 CA 426-428. Subdiv. (1) cited. 10 CA 591, 592; 11 CA 236. Subdiv. (2) cited. 13 CA 493, 496. Subdiv. (4) cited. 14 CA 244, 245. Subdiv. (1) cited. Id., 244, 245, 247. Subdiv. (1) cited. 15 CA 222, 224-227. Cited. Id., 222, 229. Subdiv. (1) cited. 17 CA 174, 175. Subdiv. (1) cited. Id., 186, 187. Subdiv. (1) cited. Id., 447, 448. Subdiv. (1) cited. Id., 525, 526. Subdiv. (1) cited. 18 CA 273, 274. Subdiv. (1) cited. 19 CA 44, 45. Subdiv. (1) cited. Id., 445, 446. Subdiv. (1) cited. Id., 646, 647. Subdiv. (1) cited. 20 CA 40, 41. Subdiv. (1) cited. Id., 115, 116. Subdiv. (1) cited. Id., 193, 194. Subdiv. (1) cited. Id., 263, 264. Subdiv. (1) cited. Id., 288, 289. Subdiv. (1) cited. Id., 530, 532. Subdiv. (1) cited. Id., 737, 738. Cited. Id., 737, 753. Subdiv. (1) cited. 23 CA 241, 242; Id., 712, 713; 24 CA 146, 147; 25 CA 235, 238. Subdiv. (4) cited. Id. Subdiv. (1) cited. Id., 243, 245, 251; 26 CA 625, 626, 635, 637; judgment reversed, see 224 C. 656 et seq; judgment reversed, see 31 CA 452 et seq; Id., 674, 676, 679, 680; Id., 758, 759. Subdiv. (1) cited. 28 CA 91, 92. Subdiv. (1) cited. 30 CA 527, 528, 531, 533, 534, 536, 539, 540. Subdiv. (1) cited. 31 CA 120, 121. Subdiv. (1) cited. 32 CA 217, 218; judgment reversed, see 229 C. 580 et seq. Subdiv. (1) cited. Id., 773-775. Subdiv. (1) cited. 33 CA 205, 206. Subdiv. (1) cited. 34 CA 46, 48. Cited. 36 CA 383, 384. Subdiv. (1) cited. 37 CA 213, 214. Subdiv. (1) cited. 38 CA 125, 126, 133. Subdiv. (4) cited. Id., 731, 732, 743. Subdiv. (1) cited. 39 CA 742, 743. Subdiv. (1) cited. 40 CA 132, 133, 148. Cited. 41 CA 139, 141. Subdiv. (1) cited. 43 CA 142. Subdiv. (2) cited. Id., 619. Subdiv. (4) cited. Id., 667. Subdiv. (1) cited. Id., 785. Subdiv. (2) cited. 45 CA 289. Subdiv. (1) cited. Id., 512. Trial court properly refused to instruct jury as requested by defendant on the issue of fraudulent misrepresentation; no affirmative defense of fraudulent misrepresentation is available under provision of statute prohibiting sexual intercourse between a person who is between the ages of thirteen and fifteen and a person who is at least two years older. 63 CA 536.

      Subsec. (b):

      Cited. 207 C. 412, 416.

      Sec. 53a-72. Rape in the first degree: Class B felony. Section 53a-72 is repealed.

      (1969, P.A. 828, S. 73; 1971, P.A. 871, S. 125; P.A. 75-619, S. 7.)

      Sec. 53a-72a. Sexual assault in the third degree: Class D or C felony. (a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, or (2) engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in section 46b-21.

      (b) Sexual assault in the third degree is a class D felony or, if the victim of the offense is under sixteen years of age, a class C felony.

      (P.A. 75-619, S. 5; P.A. 80-346, S. 1; P.A. 92-260, S. 33; P.A. 02-138, S. 8.)

      History: P.A. 80-346 designated previous Subdivs. (1) and (2) as Subparas. (A) and (B) in Subdiv. (1) of Subsec. (a) and added Subdiv. (2) re incest; P.A. 92-260 made technical changes by amending Subsec. (a)(1)(B) to replace "which reasonably causes such person to fear physical injury to such person" with "which reasonably causes such other person to fear physical injury to himself or herself" and amending Subsec. (a)(2) to replace "such person" with "the actor" or "him or her" as appropriate; P.A. 02-138 amended Subsec. (b) to classify the offense as a class C felony if the victim is under sixteen years of age.

      See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

      See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315, 317. Cited. 186 C. 45, 52. Cited. 187 C. 216, 218, 221. Cited. 191 C. 604, 618. Cited. 192 C. 154, 164. Cited. 194 C. 258, 271. Cited. 199 C. 121, 123. Cited. 205 C. 352, 353. Cited. Id., 386, 394. Cited. 207 C. 403, 404. Cited. 214 C. 89, 91. Cited. 224 C. 656, 663; judgment reversed, see 31 CA 452 et seq. Cited. 240 C. 743. Statute encompasses adopted relatives. 258 C. 779.

      Cited. 1 CA 724-726, 735. Cited. 3 CA 374, 388. Cited. 6 CA 15, 16. Cited. 9 CA 631, 632; judgment reversed, see 205 C. 352 et seq. Cited. Id., 648, 649. Cited. 10 CA 591. Cited. 11 CA 102, 103. Cited. 12 CA 585, 587. Cited. 35 CA 173, 181. Cited. 43 CA 715. Cited. 46 CA 741. Evidence was sufficient to support conviction and court properly instructed jury on element of intent for conviction of sexual assault in the third degree. 81 CA 189.

      Subsec. (a):

      Subdiv. (1)(A) cited. 198 C. 147, 148. Cited. 205 C. 27, 28. Subdiv. (1) cited. Id., 386, 388. Subdiv. (1)(A) cited. Id., 386, 391, 393. Subdiv. (1)(B) cited. 209 C. 416-418. Subdiv. (2) cited. 210 C. 244, 246, 247, 265, 266, 272, 274. Subdiv. (1) cited. 211 C. 18, 20. Subdiv. (1) Cited. 220 C. 400, 402. Cited. 224 C. 397, 404. Subdiv. (1) cited. 225 C. 519, 520. Subdiv. (1) cited. 229 C. 580, 581. Subdiv. (2) cited. Id., 557, 559. Subdiv. (1)(B) cited. 233 C. 502, 504, 512. Subdiv. (1)(A) cited. Id., 502, 512, 514. Subdiv. (1)(A) cited. 237 C. 284-286. Subdiv. (1)(A) cited. Id., 576. Subdiv. (1)(A) cited. Id., 694. Court's failure to define "knowledge" or to explain how it pertains to charge of sexual assault in the third degree did not violate defendant's due process rights where jury instructions, viewed as a whole, adequately informed jury of the elements of the crime. 258 C. 779.

      Cited. 1 CA 724, 734. Subdiv. (1) cited. Id., 724, 735. Subdiv. (1) cited. 2 CA 333, 334. Subdiv. (1)(A) cited. 10 CA 591, 593. Subdiv. (2) cited. 11 CA 236. Subdiv. (1)(A) cited. 12 CA 221, 222. Subdiv. (1) cited. 14 CA 244, 245, 247. Subdiv. (2) cited. Id. Subdiv. (1) cited. 18 CA 273, 274. Subdiv. (1)(A) cited. Id., 694, 695, 697-699. Subdiv. (2) cited. 20 CA 530, 532. Subdiv. (1)(B) cited. 23 CA 221, 226. Subdiv. (1) cited. 23 CA 564, 565; judgment reversed in part, see 200 C. 400 et seq. Subdiv. (1)(A) cited. 25 CA 653, 657, 658; judgment reversed, see 223 C. 52 et seq. Subdiv. (1)(B) cited. Id., 725, 726; 26 CA 395, 396, 398, 400. Subdiv. (1)(A) cited. 29 CA 724, 725. Subdiv. (1) cited. 30 CA 281, 282, 287. Subdiv. (1) cited. 32 CA 217, 218, 220; judgment reversed, see 229 C. 580 et seq. Subdiv. (1)(A) cited. 33 CA 743, 748B; judgment reversed, see 233 C. 502 et seq. Subdiv. (1)(B) cited. Id., 743, 744, 748B; judgment reversed, see 233 C. 502 et seq. Subdiv. (1)(A) cited. 36 CA 228, 229. Subdiv. (1) cited. 38 CA 100, 102. Subdiv. (2) cited. Id., 762, 763. Subdiv. (1)(B) cited. 39 CA 657, 658. Subdiv. (1) cited. Id., 742, 743. Subdiv. (1) cited. 41 CA 139, 140. Subdiv. (1) cited. Id., 287, 288, 294. Subdiv. (1)(A) cited. 43 CA 578. Subdiv. (1)(B) cited. Id. Subdiv. (1)(A) cited. 45 CA 756.

      Sec. 53a-72b. Sexual assault in the third degree with a firearm: Class C or B felony. (a) A person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree as provided in section 53a-72a, and in the commission of such offense, such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Sexual assault in the third degree with a firearm is a class C felony or, if the victim of the offense is under sixteen years of age, a class B felony, and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of ten years.

      (P.A. 75-619, S. 10; June Sp. Sess. P.A. 99-2, S. 51; P.A. 02-138, S. 9.)

      History: June Sp. Sess. P.A. 99-2 amended Subsec. (b) to increase the penalty from a class D to a class C felony, increase from one year to two years the nonsuspendable portion of the sentence and add requirement that any person found guilty be sentenced to a term of imprisonment and a period of special parole pursuant to Sec. 53a-28(b) which together constitute a sentence of ten years and made provisions of section gender neutral; P.A. 02-138 amended Subsec. (b) to classify the offense as a class B felony if the victim is under sixteen years of age.

      See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

      See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315, 317. Cited. 192 C. 154, 164. Cited. 240 C. 743.

      Cited. 3 CA 374, 388. Cited. 35 CA 173, 181. Cited. 43 CA 715.

      Subsec. (a):

      Cited. 216 C. 282, 295.

      Subsec. (b):

      Cited. 207 C. 412, 416.

      Sec. 53a-73. Rape in the second degree: Class C felony. Section 53a-73 is repealed.

      (1969, P.A. 828, S. 74; 1971, P.A. 871, S. 129.)

      Sec. 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony. (a) A person is guilty of sexual assault in the fourth degree when: (1) Such person intentionally subjects another person to sexual contact who is (A) under fifteen years of age, or (B) mentally defective or mentally incapacitated to the extent that such other person is unable to consent to such sexual contact, or (C) physically helpless, or (D) less than eighteen years old and the actor is such other person's guardian or otherwise responsible for the general supervision of such other person's welfare, or (E) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (2) such person subjects another person to sexual contact without such other person's consent; or (3) such person engages in sexual contact with an animal or dead body; or (4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception; or (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or (6) such person is a school employee and subjects another person to sexual contact who is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor; or (7) such person is a coach in an athletic activity or a person who provides intensive, ongoing instruction and subjects another person to sexual contact who is a recipient of coaching or instruction from the actor and (A) is a secondary school student and receives such coaching or instruction in a secondary school setting, or (B) is under eighteen years of age; or (8) such person subjects another person to sexual contact and (A) the actor is twenty years of age or older and stands in a position of power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and (B) such other person is under eighteen years of age.

      (b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.

      (P.A. 75-619, S. 6; P.A. 83-326, S. 2; P.A. 93-340, S. 3; P.A. 94-221, S. 19; P.A. 02-106, S. 2; 02-138, S. 10; P.A. 04-130, S. 2.)

      History: P.A. 83-326 amended Subsec. (a)(1) to impose liability when the victim is mentally defective or mentally incapacitated "to the extent that he is unable to consent to such sexual contact", redesignated as Subpara. (C) a victim who is "physically helpless" and relettered the remaining subparagraphs; P.A. 93-340 amended Subsec. (a) to add Subdiv. (4) re sexual contact by a psychotherapist with a patient or former patient and Subdiv. (5) re sexual contact accomplished by means of false representation that it is for a bona fide medical purpose; P.A. 94-221 amended Subsec. (a) to add Subdiv. (6) concerning school employees and students; P.A. 02-106 amended Subsec. (a) to make a technical change in Subdiv. (1)(B) for purposes of gender neutrality and to add Subdiv. (7) re a coach or instructor subjecting another person to sexual contact who is a recipient of such coaching or instruction and is a secondary school student receiving such coaching or instruction in a secondary school setting or under eighteen years of age; P.A. 02-138 amended Subsec. (a) to make technical changes and amended Subsec. (b) to classify the offense as a class D felony if the victim is under sixteen years of age; P.A. 04-130 amended Subsec. (a) to add Subdiv. (8) re actor twenty years of age or older who stands in a position of power, authority or supervision over another person under eighteen years of age and subjects that other person to sexual contact.

      See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

      See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315, 317. Proof of specific interest required under statute precludes this from being a lesser included offense under Sec. 53-21. 186 C. 45, 49, 51-53. Cited. 192 C. 154, 164. Cited. 204 C. 683, 685. Cited. 205 C. 386, 394, 396. Cited. 210 C. 396, 397. Cited. Id., 582, 583. Cited. 211 C. 455, 458. Cited. 224 C. 1, 2.

      Cited. 3 CA 374, 388. Cited. 6 CA 150. Cited. 8 CA 607, 608. Cited. 11 CA 80, 81. Cited. Id., 102, 118. Cited. 14 CA 40, 41. Cited. 15 CA 251, 254, 278. Cited. Id., 289, 290. Cited. 18 CA 459, 460. Cited. 25 CA 270, 271; judgment reversed in part, see 224 C. 1 et seq. Judgment of acquittal in State v. Sirimanochanh, (26 CA 625, 221 C. 917 and 224 C. 656) reversed and case remanded to trial court with direction to render judgment reinstating conviction under this section. 31 CA 452, 454, 455. Cited. 34 CA 473, 474. Cited. 35 CA 173, 181. Cited. 43 CA 458. Cited. Id., 715. Reiterated previous holdings touching bare skin not required for sexual contact in the fourth degree. 59 CA 538.

      It is undisputable that Connecticut recognizes a clear public policy against sexual misconduct and sexual harassment. This public policy is evidenced in state criminal statutes, which provide that "a person is guilty of sexual assault in the fourth degree when ... (2) such person subjects another person to sexual contact without such other person's consent ...." Thus, arbitration award reinstating police officer who had engaged in sexual misconduct and harassment while on duty clearly violates established public policy and must be vacated. 48 CS 574.

      Subsec. (a):

      Subdiv. (1)(A) cited. 183 C. 586. Subdiv. (1) cited. 192 C. 37, 39. Subdiv. (1)(A) cited. Id., 154-156, 161, 163. Subdiv. (1)(B) cited. 200 C. 440, 441. Subdiv. (1)(A) cited. Id., 734, 735. Subdiv. (1)(C) cited. 205 C. 386, 388, 393, 399. Subdiv. (2) cited. Id., 386, 388, 409, 410. Subdiv. (1) cited. Id., 386, 409. Subdiv. (1)(A) cited. Id., 515, 516. Subdiv. (1) cited. 211 C. 555, 582. Subdiv. (1)(A) cited. Id., 555, 557, 582. Subdiv. (1)(D) cited. 215 C. 653, 654. Subdiv. (1)(A): Defendant waived claim that violation of this section is not a lesser included offense of violation of Sec. 53a-71(a)(1). Judgment of appellate court in State v. Sirimanochanh, 26 CA 625, reversed and case remanded for determination of evidence sufficiency. 224 C. 656, 658; judgment reversed, see 31 CA 452 et seq. Subdiv. (1)(A) cited. 227 C. 207, 210, 211. Subdiv. (1)(A) cited. 230 C. 43, 47, 48.

      Subdiv. (1)(A) cited. 12 CA 395, 396. Subdiv. (2) cited. Id., 395, 396. Subdiv. (1)(A) cited. 18 CA 297, 298. Subdiv. (1)(E) cited. Id., 694, 698. Subdiv. (1)(A) cited. 19 CA 44, 45. Subdiv. (1)(D) cited. 20 CA 115, 117. Subdiv. (2) cited. Id., 365, 366. Subdiv. (1)(A) cited. Id., 530, 532. Subdiv. (1)(A) cited. 26 CA 625, 627, 636, 637; judgment reversed, see 224 C. 656 et seq.; judgment reversed, see 31 CA 452 et seq. Subdiv. (2) cited. Id., 674, 679. Subdiv. (2) cited. 29 CA 409, 410, 414. Subdiv. (1)(A) cited. 31 CA 452, 454. Subdiv. (1)(A) cited. 33 CA 205, 207. Subdiv. (1)(A) cited. 34 CA 428, 429. Cited. Id., 473, 474. Subdiv. (1)(A) cited. 38 CA 125, 126. Subdiv. (1)(A) cited. 45 CA 116. Subdiv. (1)(B) cited. Id., 289. Subdiv. (1)(A) cited. Id., 512. Subdiv. (1)(A) cited. Id., 613. Subdiv. (1)(A): This offense and the offense of risk of injury to a child are not the same offense for double jeopardy. 49 CA 409.

      Secs. 53a-74 to 53a-81. Rape in the second degree. Deviate sexual intercourse in the first and second degree. Sexual contact in the first, second and third degree. Adultery: Class A misdemeanor. Sections 53a-74 to 53a-81, inclusive, are repealed.

      (1969, P.A. 828, S. 75-82; 1971, P.A. 871, S. 126-129; 1972, P.A. 127, S. 79, 80; P.A. 75-619, S. 7; P.A. 91-19, S. 2.)

      Sec. 53a-82. Prostitution: Class A misdemeanor. (a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

      (b) Prostitution is a class A misdemeanor.

      (1969, P.A. 828, S. 83.)

      Meaning of statutory language is clear and is sufficient to warn ordinary person of the prohibited conduct. 37 CS 506- 509, 511-513. Does not violate right to privacy which has never been extended to encompass prostitutes plying their trade on the street. Id., 515-517.

      Sec. 53a-83. Patronizing a prostitute: Class A misdemeanor. (a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) he pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) he solicits or requests another person to engage in sexual conduct with him in return for a fee.

      (b) Patronizing a prostitute is a class A misdemeanor.

      (1969, P.A. 828, S. 84.)

      Subsec. (a):

      Subdiv. (3) cited. 4 CA 520, 530.

      Subsec. (b):

      Section may be harmonized with Sec. 18-100d re determining controlling sentence where prisoner serving concurrent sentences for crimes committed both on or after October 1, 1994 and before October 1, 1994, with good time credit applicable to pre-October 1, 1994 sentence under Sec. 18-7a(c). Determination of controlling sentence not a static concept. 261 C. 806.

      Sec. 53a-83a. Patronizing a prostitute from a motor vehicle: Class A misdemeanor. (a) A person is guilty of patronizing a prostitute from a motor vehicle when he, while occupying a motor vehicle: (1) Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) solicits or requests another person to engage in sexual conduct with him in return for a fee; or (4) engages in sexual conduct for which a fee was paid or agreed to be paid.

      (b) Patronizing a prostitute from a motor vehicle is a class A misdemeanor.

      (P.A. 93-265, S. 2; P.A. 97-279, S. 2.)

      History: P.A. 97-279 amended Subsec. (b) to delete provision that subjected any motor vehicle used in the commission of the offense to forfeiture to the state in accordance with Secs. 54-36j to 54-36l, inclusive.

      Sec. 53a-84. Sex of parties immaterial. In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it shall be no defense that: (1) Such persons were of the same sex; or (2) the person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.

      (1969, P.A. 828, S. 85.)

      Sec. 53a-85. Promoting prostitution: Definitions. The following definitions are applicable to sections 53a-86 to 53a-89, inclusive:

      (1) A person "advances prostitution" when, acting other than as a prostitute or as a patron thereof, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

      (2) A person "profits from prostitution" when acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.

      (1969, P.A. 828, S. 86.)

      Sec. 53a-86. Promoting prostitution in the first degree: Class B felony. (a) A person is guilty of promoting prostitution in the first degree when he knowingly: (1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from coercive conduct by another; or (2) advances or profits from prostitution of a person less than sixteen years old.

      (b) Promoting prostitution in the first degree is a class B felony.

      (1969, P.A. 828, S. 87.)

      Cited. 199 C. 47, 55.

      Sentencing under both risk of injury and promoting prostitution statutes not a double jeopardy violation. 53 CA 627.

      Subsec. (a):

      Subdiv. (2) cited. 185 C. 199, 200; 191 C. 453, 454.

      Sec. 53a-87. Promoting prostitution in the second degree: Class C felony. (a) A person is guilty of promoting prostitution in the second degree when he knowingly: (1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes; or (2) advances or profits from prostitution of a person less than eighteen years old.

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

      (1969, P.A. 828, S. 88; 1972, P.A. 127, S. 81.)

      History: 1972 act changed applicable age in Subsec. (a)(2) from nineteen to eighteen, reflecting change in age of majority.

      Cited. 199 C. 47, 55.

      Subsec. (a):

      Subdiv. (1) cited. 13 CA 732.

      Sec. 53a-88. Promoting prostitution in the third degree: Class D felony. (a) A person is guilty of promoting prostitution in the third degree when he knowingly advances or profits from prostitution.

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

      (1969, P. A. 828, S. 89.)

      Sec. 53a-89. Permitting prostitution: Class A misdemeanor. (a) A person is guilty of permitting prostitution when, having possession or control of premises which he knows are being used for prostitution purposes, he fails to make reasonable effort to halt or abate such use.

      (b) Permitting prostitution is a class A misdemeanor.

      (1969, P.A. 828, S. 90.)

      Cited. 185 C. 199, 200.

      Sec. 53a-90. Transferred to Chapter 961, Part II, Sec. 54-102a.

      Sec. 53a-90a. Enticing a minor. Penalties. (a) A person is guilty of enticing a minor when such person uses an interactive computer service to knowingly persuade, induce, entice or coerce any person under sixteen years of age to engage in prostitution or sexual activity for which the actor may be charged with a criminal offense. For purposes of this section, "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.

      (b) Enticing a minor is a class D felony for a first offense, a class C felony for a second offense and a class B felony for any subsequent offense.

      (P.A. 99-113; P.A. 04-139, S. 1.)

      History: P.A. 04-139 amended Subsec. (b) to increase penalty for a first offense from a class A misdemeanor to a class D felony, for a second offense from a class D felony to a class C felony and for any subsequent offense from a class C felony to a class B felony, effective July 1, 2004.

      Sec. 53a-91. Definitions. The following definitions are applicable to this part:

      (1) "Restrain" means to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent. As used herein "without consent" means, but is not limited to, (A) deception and (B) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

      (2) "Abduct" means to restrain a person with intent to prevent his liberation by either (A) secreting or holding him in a place where he is not likely to be found, or (B) using or threatening to use physical force or intimidation.

      (3) "Relative" means a parent, ancestor, brother, sister, uncle or aunt.

      (1969, P.A. 828, S. 92; P.A. 92-260, S. 35.)

      History: P.A. 92-260 amended Subsecs. (1) and (2) to replace Subdiv. indicators "(a)" and "(b)" with "(A)" and "(B)", respectively.

      Language is clear and does not lend itself to any equivocal interpretation. 173 C. 165, 168. Cited. 191 C. 604, 617. Cited. 200 C. 586, 590. Cited. 211 C. 672, 678. Cited. 216 C. 647, 661. Cited. 219 C. 489, 492. Cited. 226 C. 618, 623. Terms "restrained" and "abducted" interpreted to include frightening victim to remain in bedroom through repeated physical and verbal abuse. 258 C. 510.

      Cited. 20 CA 437-439. Cited. 55 CA 447.

      Subsec. (1):

      Cited. 177 C. 335, 342; 179 C. 328, 338; 180 C. 565, 566. Cited. 188 C. 406, 416. Cited. 195 C. 253, 254. Subpara. (a) cited. 198 C. 147, 152, 153. Cited. Id., 430, 434. Cited. Id., 537, 542, 550. Cited. 202 C. 520, 539. Cited. 209 C. 733, 760. Cited. 211 C. 672, 678. Cited. 215 C. 173, 178, 180. Cited. Id., 716, 727. Cited. 219 C 489, 502, 503, 510. Cited. 225 C. 347, 350. Cited. 237 C. 284, 313, 314.

      Cited. 5 CA 586, 590. Cited. 13 CA 667, 672. Cited. 17 CA 339, 340, 343. Cited. 19 CA 396, 400. Cited. 30 CA 281, 282. Cited. 31 CA 312, 330. Cited. 46 CA 486.

      Subsec. (2):

      Subdiv. (b): Cited. 172 C. 22, 23. Subdiv. (a): Cited. 177 C. 335, 342. Subdiv. (b): Cited. 177 C. 335, 336, 342; id., 637, 639, 641; 178 C. 634, 635. Cited. 179 C. 328, 338. Cited. 182 C. 449, 460. Cited. 188 C. 406, 415. Cited. 199 C. 537, 542, 550. Cited. 200 C. 586, 590. Subdiv. (a) cited. Id., 586, 597. Subdiv. (b) cited. Id. Cited. 209 C. 733, 757, 760. Cited. 211 C. 672, 678. Cited. 215 C. 716, 727. Cited. 219 C. 489, 500, 501, 510. Subdiv. (b) cited. Id., 489, 501. Cited. 225 C. 347, 350. Subdiv. (B) cited. 36 CA 190, 196. Cited. 46 CA 486. Subdiv. (b) cited. Id.

      To prove unlawful restraint, the state had to prove that defendant abducted alleged victim by restraining her with intent to prevent her liberation by using or threatening to use physical force or intimidation. 81 CA 320.

      Sec. 53a-92. Kidnapping in the first degree: Class A felony. (a) A person is guilty of kidnapping in the first degree when he abducts another person and: (1) His intent is to compel a third person (A) to pay or deliver money or property as ransom or (B) to engage in other particular conduct or to refrain from engaging in particular conduct; or (2) he restrains the person abducted with intent to (A) inflict physical injury upon him or violate or abuse him sexually; or (B) accomplish or advance the commission of a felony; or (C) terrorize him or a third person; or (D) interfere with the performance of a government function.

      (b) Kidnapping in the first degree is a class A felony.

      (1969, P.A. 828, S. 93, 94; P.A. 73-137, S. 5; P.A. 92-260, S. 36.)

      History: P.A. 73-137 deleted former Subsec. (a)(3) making kidnapping a first degree offense when abducted person dies during abduction or before his return to safety and provisions in that Subsec. re circumstances which determine the presumption of death and provisions in Subsec. (b) re imposition of death penalty and re sentence for Class A felony when accused enters guilty plea and court and state's attorney consent; P.A. 92-260 amended Subsec. (a)(1) to insert Subpara. indicators and made other technical changes.

      Cited. 173 C. 165-167. Cited. 197 C. 436, 461. Cited. Id., 588, 591. Cited. 198 C. 671, 673. Cited. 200 C. 268, 286. Cited. 201 C. 276, 284. Cited. 211 C. 672, 673. Cited. 212 C. 31, 32. Cited. 225 C. 347, 349. Cited. 227 C. 677, 679. Cited. 235 C. 711, 713. Cited. 236 C. 112, 114.

      Cited. 24 CA 13, 14. Cited. 39 CA 632, 633. Cited. 46 CA 691. Cited. Id., 741.

      Subsec. (a):

      Subdiv. (2)(A): Language sufficiently warns ordinary person in clear and concise terms of prohibited conduct intended. 173 C. 165, 168. Subdiv. (2)(A) cited. Id., 165, 166, 168; 177 C. 335, 343. Subdiv. (2)(B) cited. 185 C. 339, 340, 354. Subdiv. (2) cited. 189 C. 346, 347. Subdiv. (2)(A) cited. 194 C. 114, 115. Subdiv. (2)(A) cited. Id., 692, 694, 695. Subdiv. (2) cited. 197 C. 436, 438. Subdiv. (2)(B) cited. Id., 588-592. Subdiv. (2)(A) cited. 198 C. 147, 148, 151. Subdiv. (2)(A) cited. Id., 285, 287. Subdiv. (2)(A) cited. Id., 405, 406. Subdiv. (2)(C) cited. Id., 671, 672. Subdiv. (2)(A) cited. 199 C. 399, 400. Subdiv. (2)(C) cited. 200 C. 268, 286. Subdiv. (2)(A) cited. Id., 586, 587, 591; 201 C. 517, 519; Id., 559, 560; 202 C. 259, 260; Id., 509, 510; 203 C. 385, 386. Subdiv. (2)(C) cited. 204 C. 1, 2. Cited. Id., 240, 242. Subdiv. (2)(B) cited. Id., 714, 716. Subdiv. (2)(A) cited. 205 C. 132, 134. Subdiv. (2)(B) cited. Id., 673-675. Subdiv. (2)(A) cited. 206 C. 40, 42, 43, 54. Subdiv. (2)(A) cited. 209 C. 416, 417. Subdiv. (2)(A) cited. Id., 733, 735, 761. Subdiv. (2)(A) cited. 210 C. 110-112. Subdiv. (2)(B) cited. Id., 199, 200. Subdiv. (2)(A) cited. Id., 315, 316. Subdiv. (2) cited. 211 C. 18, 20. Subdiv. (2)(B) cited. 212 C. 31, 32, 38-40. Subdiv. (2) cited. 213 C. 388, 389. Subdiv. (2)(B) cited. Id., 422, 424. Subdiv. (2)(A) cited. 214 C. 38, 39. Subdiv. (2)(A) cited. Id., 89, 91. Subdiv. (2)(A) cited. 215 C. 173, 174, 177, 178, 180, 181. Subdiv. (2)(A) cited. Id., 716, 718, 719, 727; 216 C. 647, 649; 217 C. 243, 244, 248, 250. Subdiv. (2)(B) cited. Id.; 219 C. 93, 96. Subdiv. (2)(A) cited. Id., 160, 161. Subdiv. (2)(B) cited. Id.; Id., 269, 271. Subdiv. (2)(A) cited. Id., 283, 284. Subdiv. (2)(C) cited. Id. Subdiv. (2)(A) cited. Id., 489, 491, 492, 494-496, 500-503. Subdiv. (2)(B) cited. Id., 489, 491, 494-496; 220 C. 270, 272. Subdiv. (2)(A) cited. Id., 345, 347, 348. Subdiv. (2)(B) cited. Id., 487, 489. Subdiv. (2)(A) cited. Id., 698, 700; 221 C. 264, 265; 222 C. 556, 558. Subdiv. (2)(A) cited. 224 C. 397, 399. Subdiv. (2) cited. 225 C. 347, 348, 350. Subdiv. (2)(A) cited. Id., 450, 452. Subdiv. (2)(A) cited. Id., 519, 520. Subdiv. (2) cited. 226 C. 618-620. Subdiv. (2)(A) cited. 227 C. 1, 9, 11. Subdiv. (2)(B) cited. Id. Subdiv. (2)(A) cited. Id., 153, 155. Subdiv. (2)(A) cited. 228 C. 582, 584, 588. Subdiv. (2)(A) cited. 229 C. 557, 558. Subdiv. (2)(A) cited. 231 C. 195, 196. Subdiv. (2) cited. 233 C. 403, 408. Subdiv. (2)(A) cited. Id. Subdiv. (2) cited. 235 C. 145, 147. Subdiv. (2)(B) cited. 236 C. 112, 114. Subdiv. (2)(A): Determined to be not unconstitutionally vague as applied to facts of the case. 237 C. 284-287, 313, 314. Subdiv. (2)(A) cited. Id., 694. Subdiv. (2)(A) cited. 238 C. 389. Subdiv. (2)(B) cited. Id. Subdiv. (2)(C): Section not unconstitutionally vague on its face. Id., 784. Cited. 239 C. 235. Subdiv. (2)(A) cited. 242 C. 445. Where defendant also charged with sexual assault, restriction of movement alone can be basis of kidnapping if defendant, by violent actions, restrained victim with intent to prevent liberation. 262 C. 179.

      Subdiv. (2)(A) cited. 8 CA 177, 178. Subdiv. (2)(B) cited. 25 CA 428, 430. Subdiv. (2)(A) cited. 28 CA 195, 196. Subdiv. (2)(A) cited. 33 CA 457, 458. Subdiv. (2)(B) cited. Id., 457, 458. Subdiv. (2)(A) cited. 34 CA 276, 277. Subdiv. (2)(A) cited. 36 CA 190, 191, 196. Subdiv. (2)(A) cited. Id., 216, 217. Subdiv. (2)(A) cited. Id., 641, 642. Subdiv. (2)(A) cited. Id., 718, 720. Subdiv. (2)(B) cited. Id., 774, 775. Subdiv. (2)(A) cited. 37 CA 360, 369. Subdiv. (2)(B) cited. Id. Subdiv. (2)(A) cited. Id., 464, 465. Subdiv. (2)(A) cited. 38 CA 777, 778, 785. Cited. 39 CA 579, 580. Subdiv. (2)(B) cited. Id., 579, 600. Subdiv. (2)(A) cited. 41 CA 317, 318; judgment reversed, see 242 C. 445 et seq. Subdiv. (2)(A) cited. 43 CA 715. Subdiv. (2)(B) cited. 44 CA 307. Subdiv. (2)(B) cited. 46 CA 810. Holding witnesses at gunpoint prior to firing fatal shot into a murder victim was kidnapping with intent to advance or accomplish the murder. 47 CA 134. Unlawful restraint as a lesser included offense, discussed. Id., 159. Evidence was insufficient to sustain defendant's conviction under section. 55 CA 447. Subdiv. (2): Under kidnapping statute, the state had to prove that defendant had abducted and restrained alleged victim with the intent to inflict physical injury or to sexually attack her. 81 CA 320.

      Cited. 43 CS 46, 65.

      Subsec. (b):

      Cited. 198 C. 671, 674.

      Cited. 8 CA 177, 178.

      Sec. 53a-92a. Kidnapping in the first degree with a firearm: Class A felony: One year not suspendable. (a) A person is guilty of kidnapping in the first degree with a firearm when he commits kidnapping in the first degree as provided in section 53a-92, and in the commission of said crime he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be convicted of kidnapping in the first degree and kidnapping in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Kidnapping in the first degree with a firearm is a class A felony for which one year of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 75-380, S. 9.)

      Cited. 198 C. 671, 673, 676, 678, 679. "Effect of enactment of statute (was) to link a more serious crime with a less serious penalty"; equal protection rights violated. 200 C. 268, 286, 289. Cited. 204 C. 240, 257. Cited. 205 C. 262, 264. Cited. Id., 673, 674. Cited. 211 C. 672, 673.

      Cited. 40 CA 60, 61.

      Subsec. (a):

      Cited. 198 C. 671, 679. Cited. 210 C. 110, 111. Cited. Id., 315, 316. Cited. 216 C. 282, 295.

      Subsec. (b):

      The statute "has created an irreconcilable conflict in the statutes governing mandatory minimum sentences for kidnapping in the first degree ... until the legislature takes corrective action the sentencing provisions of (this statute) govern all prosecutions for kidnapping in the first degree"; statutory construction discussed. 198 C. 671, 676, 680. Cited. 200 C. 268, 287. Equal protection rights discussed. Id. Cited. 207 C. 412, 416.

      Sec. 53a-93. Proceeding to determine sentence for kidnapping in first degree. Section 53a-93 is repealed.

      (1969, P.A. 828, S. 95; P.A. 73-137, S. 15.)

      Sec. 53a-94. Kidnapping in the second degree: Class B felony: Three years not suspendable. (a) A person is guilty of kidnapping in the second degree when he abducts another person.

      (b) Kidnapping in the second degree is a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court.

      (1969, P.A. 828, S. 96; P.A. 93-148, S. 1.)

      History: P.A. 93-148 amended Subsec. (b) to add provision re three-year nonsuspendable sentence.

      Cited. 169 C. 242, 243. Cited. 171 C. 47, 48. Cited. 172 C. 22, 23. Cited. 177 C. 335, 336, 342; id., 637, 639, 641. Cited. 178 C. 549, 550; id., 634, 635. Cited. 185 C. 163, 164. Cited. 186 C. 179, 180. Cited. 188 C. 406, 407; id., 697, 702, 713. Cited. 190 C. 822, 823. Cited. 191 C. 604, 616, 617. Cited. 196 C. 430, 431. Cited. 198 C. 68, 69. Cited. Id., 190, 191. Cited. 199 C. 537, 538. Cited. 200 C. 586, 606. Cited. 202 C. 343, 344. Cited. Id., 520, 521, 523. Cited. 206 C. 40, 53. Cited. Id., 685, 687, 709. Cited. 208 C. 365, 366. Cited. 211 C. 672, 673. Cited. 213 C. 388, 396. Cited. 231 C. 195, 196.

      Cited. 1 CA 697, 698. Cited. 12 CA 268. Cited. Id., 613. Cited. 20 CA 437. Cited. 21 CA 411, 412. Cited. 27 CA 786, 787. Cited. 35 CA 740, 744. Cited. 42 CA 768. Cited. 46 CA 486. Cited. Id., 691.

      Subsec. (a):

      Cited. 178 C. 600-602. Cited. 179 C. 328, 329, 338. Cited. 180 C. 565. Cited. 182 C. 449, 451, 460. Cited. 187 C. 681, 683. Cited. 188 C. 406, 415. Cited. 190 C. 327, 329. Cited. 191 C. 604, 605. Cited. 192 C. 166, 167. Cited. 197 C. 485, 486. Cited. 198 C. 314, 315. Cited. 199 C. 537, 550. Cited. 200 C. 586, 588. Cited. 202 C. 520, 523. Cited. 238 C. 784.

      There is neither any time requirement for the restraint, nor any distance requirement for the asportation to constitute the crime of kidnapping. 1 CA 697, 708. By its plain terms, subsec. gives fair warning to the public that if a person abducts another he is guilty of that offense. 83 CA 142.

      Sec. 53a-94a. Kidnapping in the second degree with a firearm: Class B felony: Three years not suspendable. (a) A person is guilty of kidnapping in the second degree with a firearm when he commits kidnapping in the second degree, as provided in section 53a-94, and in the commission of such offense he uses or is armed with and threatens the use of or uses or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be convicted of kidnapping in the second degree and kidnapping in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Kidnapping in the second degree with a firearm is a class B felony for which three years of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 75-380, S. 10; P.A. 92-260, S. 37; P.A. 93-148, S. 2.)

      History: P.A. 92-260 made a technical change in Subsec. (a); P.A. 93-148 amended Subsec. (b) to increase from one year to three years the length of the nonsuspendable sentence.

      Cited. 188 C. 697, 699, 713. Cited. 200 C. 523, 524. Cited. 201 C. 115, 116. Cited. 211 C. 672, 673, 677-679.

      Cited. 9 CA 648, 649. Cited. 46 CA 741.

      Subsec. (a):

      Cited. 210 C. 110, 114. Cited. 216 C. 282, 295.

      Subsec. (b):

      Cited. 207 C. 412, 416.

      Sec. 53a-95. Unlawful restraint in the first degree: Class D felony. (a) A person is guilty of unlawful restraint in the first degree when he restrains another person under circumstances which expose such other person to a substantial risk of physical injury.

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

      (1969, P.A. 828, S. 97; P.A. 92-260, S. 38.)

      History: P.A. 92-260 amended Subsec. (a) to replace "the latter" with "such other person".

      Cited. 171 C. 395, 397. Cited. 182 C. 353, 354; id., 366, 367, 382. Cited. 187 C. 216, 217; id., 348, 349. Cited. 191 C. 604, 616, 617. Cited. 194 C. 297, 298. Cited. 195 C. 253, 254, 265. Cited. 197 C. 298, 299. Cited. Id., 309, 310. Cited. 198 C. 430. Cited. 199 C. 193, 194. Cited. 200 C. 9, 10. Cited. 201 C. 659, 660. Cited. 202 C. 676, 677. Cited. 205 C. 352, 353. Cited. 220 C. 112, 114. Cited. 222 C. 331, 335. Cited. 223 C. 180, 182. Cited. 224 C. 397, 399. Cited. 226 C. 601, 603. Cited. 236 C. 112, 114. Cited. 237 C. 284, 309. Cited. 242 C. 689.

      Cited. 3 CA 374, 375. Cited. 5 CA 424, 425. Cited. Id., 586, 587, 590. Cited. 6 CA 334, 335. Cited. 7 CA 701, 702. Cited. 8 CA 620, 621. Cited. 9 CA 631, 632; judgment reversed, see 205 C. 352 et seq. Cited. 10 CA 217, 218. Cited. 13 CA 554-556. Cited. 17 CA 234, 236. Cited. Id., 339, 340, 343. Specific intent required. Id. Cited. Id., 391, 392. Cited. Id., 490, 491. Cited. 22 CA 477, 478. Cited. 28 CA 581, 583, 592; judgment reversed, see 226 C. 601 et seq. Cited. 31 CA 20, 21. Cited. Id., 312, 314. Cited. 36 CA 805, 807. Cited. 40 CA 553, 554. Cited. 41 CA 701, 702. Cited. 42 CA 78. Cited. Id., 445. Cited. 43 CA 715. Cited. 46 CA 486.

      Cited. 43 CS 211, 212.

      Subsec. (a):

      Cited. 174 C. 500, 501; 176 C. 227, 228. Cited. 179 C. 381, 382. Cited. 185 C. 211, 212. Cited. 186 C. 599, 600. Cited. 190 C. 104, 105. Cited. 197 C. 50-52. Cited. Id., 602, 603. Cited. 198 C. 430-432, 434, 435. Cited. Id., 598, 600. Cited. Id., 617, 618. Cited. 205 C. 39, 40. Cited. Id., 61, 63. Cited. Id., 437, 439. Cited. Id., 528, 531. Cited. 206 C. 40, 42, 43, 53, 54. Cited. 209 C. 143, 145. Cited. 222 C. 87, 88. Cited. 227 C. 32, 49. Cited. Id., 153, 155. Cited. 236 C. 112, 114. Cited. 241 C. 784. Cited. 242 C. 523.

      Cited. 6 CA 697, 698. Cited. 8 CA 387, 388. Cited. Id., 491, 493. Cited. Id., 566, 567. Cited. 9 CA 79, 80. Cited. Id., 208, 209. Cited. 13 CA 667, 668. Cited. 14 CA 710, 712. Cited. 18 CA 134, 137. Cited. Id., 730, 731. Cited. 19 CA 631, 633. Cited. 21 CA 244, 245. Cited. Id., 467, 468. Cited. 25 CA 725, 726. Cited 26 CA 574, 575. Cited. Id., 641, 642. Cited. 31 CA 20, 21. Cited. Id., 312, 329. Cited. 32 CA 178, 179. Cited. 38 CA 531, 532. Cited. Id., 777, 785. Cited. 39 CA 45, 46. Cited. Id., 789, 790. Cited. Id., 832, 833. Cited. 41 CA 255, 257, 279. Cited. Id., 701, 702. Cited. Id., 817, 818. Cited. 42 CA 78. Cited. Id., 445. Cited. 43 CA 715. Conviction of both sexual assault and unlawful restraint is not double jeopardy. 47 CA 117.

      Sec. 53a-96. Unlawful restraint in the second degree: Class A misdemeanor. (a) A person is guilty of unlawful restraint in the second degree when he restrains another person.

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

      (1969, P.A. 828, S. 98.)

      Cited. 188 C. 372, 373. Cited. 191 C. 604, 616, 618. Cited. 197 C. 602, 603. Cited. 206 C. 100, 102. Cited. 211 C. 672, 678. Cited. 224 C. 397, 400. Cited. 231 C. 195, 196.

      Cited. 9 CA 656, 657. Cited. 19 CA 396, 397. Cited. 29 CA 524, 525. Cited. 30 CA 281, 282. Cited. 31 CA 497, 498. Cited. 46 CA 486.

      Subsec. (a):

      Cited. 178 C. 600. Cited. 197 C. 413, 415. Cited. Id., 602, 603.

      Cited. 29 CA 524, 525. Cited. 30 CA 281, 282, 285.

      Sec. 53a-97. Custodial interference in the first degree: Class D felony. (a) A person is guilty of custodial interference in the first degree when he commits custodial interference in the second degree as provided in section 53a-98: (1) Under circumstances which expose the child or person taken or enticed from lawful custody or the child held after a request by the lawful custodian for his return to a risk that his safety will be endangered or his health materially impaired; or (2) by taking, enticing or detaining the child or person out of this state.

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

      (1969, P.A. 828, S. 99; P.A. 81-280, S. 2; P.A. 92-260, S. 39; P.A. 95-206, S. 1.)

      History: P.A. 81-280 amended Subsec. (a) by including in Subdiv. (1) risk to a child held after a request by the lawful custodian for his return; P.A. 92-260 made technical changes in Subsec. (a); P.A. 95-206 amended Subsec. (a) by classifying the detention of a child or person out of this state as a violation of custodial interference in the first degree.

      Cited. 182 C. 353, 355. Cited. 226 C. 652, 661, 663, 666, 668. Joint custodian is not inherently immune from criminal prosecution under section solely on basis of his or her status as a joint custodian. 251 C. 656.

      Cited. 34 CS 219, 221.

      Sec. 53a-98. Custodial interference in the second degree: Class A misdemeanor. (a) A person is guilty of custodial interference in the second degree when: (1) Being a relative of a child who is less than sixteen years old and intending to hold such child permanently or for a protracted period and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian; (2) knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or any person entrusted by authority of law to the custody of another person or institution; or (3) knowing that he has no legal right to do so, he holds, keeps or otherwise refuses to return a child who is less than sixteen years old to such child's lawful custodian after a request by such custodian for the return of such child.

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

      (1969, P.A. 828, S. 100; P.A. 81-280, S. 1.)

      History: P.A. 81-280 amended Subsec. (a) by adding Subdiv. (3) concerning the failure to return a child to his lawful custodian after a request by the custodian for the child's return.

      Cited. 226 C. 652, 661, 664, 666, 668.

      Subsec. (a):

      Subdiv. (2) cited. 226 C. 652, 664.

      Sec. 53a-99. Substitution of children: Class D felony. (a) A person is guilty of substitution of children when, having been temporarily entrusted with a child less than one year old and, intending to deceive a parent, guardian or other lawful custodian of such child, he substitutes, produces or returns to such parent, guardian or custodian a child other than the one entrusted.

      (b) Substitution of children is a class D felony.

      (1969, P.A. 828, S. 101.)

      Sec. 53a-101. Burglary in the first degree: Class B felony. (a) A person is guilty of burglary in the first degree when he enters or remains unlawfully in a building with intent to commit a crime therein and: (1) He is armed with explosives or a deadly weapon or dangerous instrument, or (2) in the course of committing the offense, he intentionally, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone.

      (b) An act shall be deemed "in the course of committing" the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission.

      (c) Burglary in the first degree is a class B felony provided any person found guilty under subdivision (1) of subsection (a) shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

      (1969, P.A. 828, S. 103; P.A. 80-442, S. 21, 28.)

      History: P.A. 80-442 specified in Subsec. (c) that five years of imposed sentence may not be suspended or reduced when person is guilty under Subsec. (a)(1), effective July 1, 1981.

      Cited. 161 C. 283. Cited. 172 C. 74, 75. Cited. 174 C. 500, 506. Cited. 190 C. 496, 500, 509. Cited. 205 C. 456, 463, 467. Cited. 210 C. 199. Cited. 216 C. 563, 565. Cited. 220 C. 112, 114. Cited. 222 C. 331, 335. Cited. 227 C. 32, 48. Cited. 229 C. 691, 694.

      1 CA 724, 725, 735. Cited. 6 CA 24. Cited. 13 CA 133, 134. Cited. 19 CA 245, 254, 255. Cited. 24 CA 563, 568. Cited. 29 CA 704, 705, 712. Cited. 30 CA 416, 418, 424. Cited. 35 CA 107, 110. Cited. Id., 714, 726. Cited. 46 CA 118. There was sufficient evidence for jury to conclude that defendants took steak knives to arm themselves during the burglary and thus committed burglary in the first degree. 52 CA 149.

      Subsec. (a):

      Subdiv. (1) cited. 170 C. 162. Cited. 174 C. 500, 501. Subdiv. (1) cited. 175 C. 398, 399. Subdiv. (1): Presence of a tire iron used to break into an apartment is insufficient by itself to satisfy statutory definition in section 53a-3(7) to support finding of attempted burglary in first degree; potential for injury considered only in conjunction with circumstances of actual or threatened use. 177 C. 140, 141, 146. Subdiv. (1) cited. 178 C. 564, 565; 180 C. 481, 482; id., 557, 560. Subdiv. (2): A lesser included offense of felony murder. Id., 599, 600. Cited. 182 C. 366, 367, 382. Subdiv. (1) cited. 185 C. 211, 212, Subdiv. (2) cited. 186 C. 599, 600. Subdiv. (1) cited. 188 C. 372, 373. Subdiv. (2) cited. Id., 574, 576; 189 C. 383, 384, 398. Subdiv. (1) cited. Id., 611, 612. Cited. Id., 611, 625, 627, 628. Subdiv. (2) cited. 190 C. 104, 105. Subdiv. (1) cited. Id., 496, 497, 500, 505-509. Subdiv. (2) cited. Id., 496, 507, 509. Subdiv. (2) cited. 194 C. 241, 244. Subdiv. (1) cited. 196 C. 157, 158, 169. Subdiv. (1) cited. Id., 225-227. Subdiv. (1) cited. 197 C. 413, 415. Subdiv. (1) cited. 199 C. 62, 63. Subdiv. (1) cited. 200 C. 9, 10. Cited. Id., 586, 596. Subdiv. (1) cited. 203 C. 159, 160. Subdiv. (1) cited. 204 C. 714, 716. Subdiv. (2) cited. 205 C. 61, 63. Subdiv. (2) cited. Id., 485, 486. Cited. 209 C. 416, 417. Subdiv. (1) cited. 210 C. 199, 200. Cited. Id., 199, 203, 205-207. Subdiv. (2) cited. 214 C. 132, 133. Subdiv. (1) cited. 216 C. 282, 284. Subdiv. (2) cited. Id., 367, 368. Subdiv. (1) cited. 217 C. 419, 420; 219 C. 269, 271; 221 C. 430, 431. Subdiv. (2) cited. Id.; Id., 447, 449; Id., 685, 687. Subdiv. (1) cited. 223 C. 41, 42. Subdiv. (2) cited. Id., 243, 245, 257, 263, 265. Subdiv. (1) cited. Id., 99, 301. Subdiv. (2) cited. 225 C. 524, 526. Subdiv. (2) cited. 227 C. 32, 48. Cited. Id., 616, 622. Subdiv. (1) cited. 228 C. 234, 235. Subdiv. (2) cited. 230 C. 351, 353. Subdiv. (1) cited. 232 C. 455, 457. Subdiv. (1) cited. 235 C. 802, 804. Cited. 241 C. 702. Subdiv. (2) cited. Id., 784. Subdiv. (1) cited. 242 C. 445. Cited. Id., 523. Subdiv. (1) cited. Id. Subdiv. (2) cited. Id. Utility room in rear of gas station convenience store in which defendant sexually assaulted and murdered victim, being a separate room and structurally distinct from the convenience store that could be reached only through gas station's garage bay area and not open to the public, reasonably could have been found to be a separate "building" under statute. 252 C. 274.

      Cited. 6 CA 667-669, 674, 675. Subdiv. (1) cited. Id., 667, 670, 675. Subdiv. (2) cited. Id., 667, 670, 675. Subdiv. (1) cited. 697, 698. Cited. Id., 701, 706. Subdiv. (1) cited. 8 CA 491, 493. Subdiv. (1) cited. Id., 631, 632. Subdiv. (2) cited. Id. Subdiv. (1) cited. 9 CA 79, 80. Subdiv. (2) cited. Id., 208, 209. Subdiv. (1) cited. 10 CA 176. Subdiv. (1) cited. 12 CA 662, 663. Subdiv. (1) cited. 13 CA 554-556. Subdiv. (2) cited. 14 CA 67, 68. Subdiv. (1) cited. id., 657, 658. Subdiv. (1) cited. 15 CA 342, 343. Subdiv. (2) cited. 16 CA 184, 186. Subdiv. (2) cited. Id., 318, 319. Subdiv. (2) cited. Id., 455, 456. Subdiv. (2) cited. 17 CA 391, 392. Subdiv. (1) cited. 19 CA 179-181, 187. Cited. Id., 179, 192. Subdiv. (2) cited. Id., 245- 247, 250, 253-255. Subdiv. (1) cited. Id., 618, 619. Subdiv. (1) cited. 21 CA 244, 245. Subdiv. (1) cited. 23 CA 692, 693. Subdiv. (2) cited. 24 CA 556, 557, 559. Subdiv. (1) cited. Id., 556, 559. Subdiv. (2) cited. Id., 563, 565, 567, 569. Subdiv. (1) cited. Id., 563, 567, 569. Cited. Id., 563, 568. Subdiv. (2) cited. 25 CA 428-430. Subdiv. (2) cited. Id., 565-567. Subdiv. (1) cited. 26 CA 641, 642. Subdiv. (2) cited. 27 CA 73, 75; Id., 786, 787; Id., 794, 795. Subdiv. (2) cited. 28 CA 402, 403. Subdiv. (2) cited. Id., 548, 549. Subdiv. (2) cited. 29 CA 704, 705, 709. Subdiv. (1) cited. 30 CA 68, 69. Subdiv. (2) cited. 31 CA 312, 313, 327. Subdiv. (1) cited. 34 CA 751, 752; judgment reversed, see 233 C. 211 et seq. Subdiv. (1) cited. 35 CA 279, 280. Subdiv. (2) cited. 36 CA 774, 775. Subdiv. (1) cited 38 CA 481, 482. Subdiv. (1) cited. Id., 531, 532. Cited. 39 CA 45, 50. Subdiv. (1) cited. Id., 45, 46, 51. Subdiv. (1) cited. 40 CA 60, 61. Cited. 41 CA 255, 273. Subdiv. (2) cited. Id., 255, 257, 276, 277. Subdiv. (1) cited. Id., 255, 270, 276. Subdiv. (1) cited. Id., 317, 318. Subdiv. (2) cited. Id., 817, 818, 825. Cited. Id., 817, 825. Subdiv. (2) cited. 42 CA 78. Subdiv. (2) cited. 44 CA 307. Cited. 45 CA 187. Subdiv. (1) cited. Id. Subdiv. (1) cited. Id., 261. Direct evidence of an entry is not required when evidence is such that the trier of fact reasonably could infer that something the defendant did inside the building could not have been done without first entering the building. 78 CA 646.

      Subsec. (b):

      Cited. 190 C. 496, 509.

      Cited. 29 CA 704, 711.

      Subsec. (c):

      Cited. 207 C. 412, 416.

      Cited. 8 CA 491, 493. Cited. 19 CA 245, 255. Cited. 30 CA 416, 418.

      Sec. 53a-102. Burglary in the second degree: Class C felony. (a) A person is guilty of burglary in the second degree when such person (1) enters or remains unlawfully in a dwelling at night with intent to commit a crime therein, or (2) enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein.

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

      (1969, P.A. 828, S. 104; P.A. 01-83, S. 2.)

      History: P.A. 01-83 amended Subsec. (a) to make a technical change for purposes of gender neutrality, designate existing provisions re entering or remaining unlawfully in a dwelling at night with intent to commit a crime therein as Subdiv. (1) and add Subdiv. (2) re entering or remaining unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein.

      Cited. 161 C. 283. Cited. 169 C. 263, 264. Cited. Id., 556, 567. Cited. 175 C. 315. Cited. 184 C. 258, 259. Instruction characterizing burglary as a crime against the person likely to involve danger to life was not in error. 188 C. 542, 553. Cited. Id., 715, 716. Cited. 190 C. 496, 500. Cited. 195 C. 611, 612. Cited. 197 C. 574, 575, 581. Cited. 198 C. 671, 672. Cited. 204 C. 1-3. Cited. 205 C. 456, 463, 467. Cited. 215 C. 257, 259. Cited. 216 C. 273, 274. Cited. 220 C. 417, 426. Cited. 229 C. 285, 287. Cited. 232 C. 455, 458. Cited. 242 C. 523. Cited. Id., 689.

      Cited. 5 CA 113, 114. Cited. 6 CA 24. Cited. 9 CA 133, 134. Cited. Id., 349-351. Cited. Id., 656, 657. Cited. 11 CA 575, 576, 583. Cited. 13 CA 413, 414. Cited. 14 CA 526, 527. Cited. 15 CA 34, 57. Cited. 16 CA 333, 334. Cited. 19 CA 396, 397, 401. Cited. 20 CA 369, 370. Cited. Id., 586, 587. Cited. 23 CA 201, 202. Cited. 29 CA 801, 803, 812; judgment reversed, see 229 C. 285 et seq. Cited. 31 CA 94, 103. Cited. Id., 370, 376. Cited. 34 CA 599, 600, 606. Cited. 35 CA 714, 726. Cited. 38 CA 20, 21. Cited. Id., 231, 236. Cited. Id., 531, 532. Cited. 40 CA 553, 554. Cited. 41 CA 169, 170. Cited. Id., 255, 277. The crime proscribed by section is complete once there has been an unlawful entering or remaining in a dwelling, at night, with intent to commit a crime in that dwelling. 76 CA 779.

      Subsec. (a):

      Cited. 181 C. 172, 173, 177. Cited. 182 C. 207, 208. Cited. 188 C. 542, 543. Cited. 189 C. 631, 633. Cited. 190 C. 440, 442. Cited. 199 C. 88, 89. Cited. 200 C. 523, 525, 538. Cited. 202 C. 676, 677. Cited. 204 C. 377, 378. Cited. 205 C. 456, 459. Cited. 214 C. 493, 495. Cited. 216 C. 699, 701. Cited. 220 C. 400, 402. Cited. 223 C. 635, 637, 638. Cited. 241 C. 784.

      Cited. 1 CA 260, 262. Cited. 6 CA 697. Cited. 14 CA 710, 712, 715. Cited. 21 CA 260, 261. Cited. 23 CA 564, 565; judgment reversed in part, see 220 C. 400 et seq. Cited. 24 CA 502, 503. Cited. 29 CA 801, 803; judgment reversed, see 229 C. 285 et seq. Cited. 30 CA 606, 607. Cited. 31 CA 370, 371, 376. Cited. 35 CA 262, 263. Cited 36 CA 774, 775. Cited. 38 CA 20, 21. Cited. Id., 231, 232. Cited. Id., 531, 532. Cited. Id., 643, 645. Cited. 41 CA 255, 257. Cited. 42 CA 78. Defendant's right to fair trial and unanimous verdict not violated when court made it clear that the jury had to find each element of crime proven beyond a reasonable doubt and there was ample evidence to support conviction under both alternate theories of liability. 59 CA 305.

      Sec. 53a-102a. Burglary in the second degree with a firearm: Class C felony: One year not suspendable. (a) A person is guilty of burglary in the second degree with a firearm when he commits burglary in the second degree as provided in section 53a-102, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, rifle, shotgun, machine gun or other firearm. No person shall be convicted of burglary in the second degree and burglary in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Burglary in the second degree with a firearm is a class C felony for which one year of the sentence imposed shall not be suspended or reduced by the court.

      (P.A. 75-380, S. 11; P.A. 76-435, S. 4, 68, 82; P.A. 92-260, S. 41.)

      History: P.A. 76-435 made technical corrections, adding simple burglary in the second degree in Subsec. (a) and specifying in Subsec. (b) that burglary in second degree with a firearm is a Class C, rather than Class B, felony; P.A. 92-260 made technical changes in Subsec. (a).

      Cited. 188 C. 697, 699. Cited. 190 C. 496, 500. Cited. 199 C. 255, 275.

      Cited. 6 CA 24. Cited. 35 CA 714, 726.

      Subsec. (a):

      Cited. 216 C. 282, 295.

      Subsec. (b):

      Cited. 207 C. 412, 416.

      Sec. 53a-103. Burglary in the third degree: Class D felony. (a) A person is guilty of burglary in the third degree when he enters or remains unlawfully in a building with intent to commit a crime therein.

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

      (1969, P.A. 828, S. 105.)

      Cited. 161 C. 283. Cited. 173 C. 317, 318. Cited. 174 C. 253, 254. Cited. 176 C. 299, 300. Cited. 182 C. 52, 53; id., 176, 177; id., 242, 243. Cited. 183 C. 225; id., 444, 445. Cited. 184 C. 95, 96; id., 215, 216; id., 369, 377. Cited. 186 C. 648, 649. Cited. 187 C. 6, 8; id., 292, 293; id., 444, 447. Cited. 189 C. 364; id., 717, 718. Cited. 190 C. 496, 500. Cited. 191 C. 146; id., 180, 182, 185. Cited. 193 C. 35-37. Cited. 194 C. 198, 199, 204, 205. Cited. Id., 210. Cited. Id., 213, 214. Cited. Id., 361, 362. Cited. Id., 438, 439. Cited. Id., 623, 624. Cited. 196 C. 185. Cited. 197 C. 247, 261. Cited. 198 C. 1, 2. Cited. 199 C. 30-32. Cited. Id., 308, 309. Cited. 202 C. 615, 617. Cited. 216 C. 814. Cited. 218 C. 273, 275-277. Cited. 219 C. 489, 491. Cited. 220 C. 417, 418, 429. Cited. 223 C. 731, 733. Cited. 232 C. 455, 458, 459. Cited. 235 C. 679, 682. Cited. 237 C. 390, 392. Cited. 239 C. 235. Cited. 240 C. 708.

      Cited. 2 CA 537, 538. Cited. 3 CA 132, 133. Cited. Id., 359, 362. Cited. Id., 503. Cited. 5 CA 599, 600, 604. Cited. 6 CA 24, 25. Cited. Id., 680, 681. Cited. 8 CA 478, 479, 481, 490. Cited. 9 CA 141, 142, 144. Cited. 10 CA 258, 259. Cited. Id., 279, 280. Cited. Id., 447, 448, 451. Cited. Id., 503, 504. Cited. 11 CA 805. Cited. 12 CA 1, 3, 19. Cited. Id., 196, 197. Cited. Id., 375, 376, 383. Cited. 13 CA 214, 215. Cited. Id., 220, 221. Cited. 14 CA 119, 120, 126. Cited. Id., 526, 527. Cited. 16 CA 184. Cited. Id., 601, 602. Cited. 18 CA 368, 369. Cited. 19 CA 48, 50, 52, 60. Cited. 20 CA 205, 207. Cited. Id., 721, 722. Cited. 22 CA 440, 441. Cited. 23 CA 123, 125. Cited. Id., 151, 152. Cited. Id., 201, 202. Cited. 24 CA 295, 296. Cited. 25 CA 503, 505. Cited. 30 CA 190, 192. Cited. 34 CA 751, 752; judgment reversed, see 233 C. 211 et seq. Cited. 35 CA 107, 110. Cited. Id., 405, 406, 409, 412, 420. Cited. Id., 714, 716, 726. Cited. 36 CA 177, 178. Cited. Id., 364, 372, 373. Cited. 37 CA 40, 42. Cited. Id., 228, 229, 231, 234. Cited. 38 CA 225, 226. Cited. Id., 481, 482. Cited. 39 CA 1, 2, 4. Cited. Id., 579, 580, 599. Cited. 42 CA 507. Cited. 44 CA 162. Cited. 45 CA 566.

      Cited. 33 CS 706. Cited. Id., 750. Cited. 38 CS 407.

      Subsec. (a):

      Cited. 177 C. 140, 147. Cited. 181 C. 254, 255. Cited. 184 C. 369, 370. Cited. 189 C. 461, 462. Cited. 191 C. 180, 181, 184. Cited. 194 C. 213, 216. Cited. Id., 665, 666, 672, 675. Cited. 197 C. 247, 248. Cited. 198 C. 369, 370. Cited. 212 C. 50, 52. Cited. 218 C. 447-449.

      Cited. 4 CA 514. Cited. 6 CA 24, 25. Cited. 7 CA 1, 2. Cited. Id., 75, 76. Cited. 8 CA 491, 493. Cited. Id., 528, 540. Cited. 9 CA 121, 122. Cited. 10 CA 279, 280. Cited. Id., 503, 511. Cited. 13 CA 438, 439. Cited. 14 CA 309, 310; judgment reversed, see 212 C. 50 et seq. Cited. 15 CA 531, 532. Cited. 17 CA 490, 492. Cited. 22 CA 440, 443. Cited. 23 CA 151, 155. Cited. 24 CA 502, 503. Cited. 34 CA 751, 752; judgment reversed, see 233 C. 211 et seq. Cited. 35 CA 405, 412. Cited. Id., 699, 700. Cited. 36 CA 177, 178. Cited. 37 CA 40, 42. Cited. Id., 228, 229, 233. Cited. 38 CA 225, 226. Cited. Id., 481, 482. Cited. 39 CA 579, 594. Cited. 44 CA 307.

      Subsec. (b):

      Cited. 184 C. 369, 377.

      Sec. 53a-103a. Burglary in the third degree with a firearm: Class D felony: One year not suspendable. (a) A person is guilty of burglary in the third degree with a firearm when he commits burglary in the third degree as provided in section 53a-103, and in the commission of such offense, he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm. No person shall be convicted of burglary in the third degree and burglary in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Burglary in the third degree with a firearm is a class D felony for which one year of the sentence imposed shall not be suspended or reduced by the court.

      (P.A. 75-380, S. 12.)

      Cited. 177 C. 335, 336; id., 637, 639. Cited. 184 C. 215, 216. Cited. 190 C. 496, 500.

      Cited. 6 CA 24. Cited. 14 CA 710, 717. Cited. 28 CA 369, 370. Cited. 35 CA 714, 726.

      Subsec. (a):

      Cited. 216 C. 282, 295. Cited. 219 C. 93, 95.

      Subsec. (b):

      Cited. 207 C. 412, 416.

      Sec. 53a-104. Affirmative defense to burglary. It shall be an affirmative defense to prosecution for burglary that the building was abandoned.

      (1969, P.A. 828, S. 106.)

      Cited. 35 CA 714, 726.

      Sec. 53a-105. Conviction for burglary and other offense authorized, when. Section 53a-105 is repealed.

      (1969, P.A. 828, S. 107; 1971, P.A. 871, S. 129.)

      Sec. 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor. (a) A person is guilty of manufacturing or possession of burglar's tools when he manufactures or has in his possession any tool, instrument or other thing adapted, designed or commonly used for advancing or facilitating offenses involving unlawful entry into premises, or offenses involving forcible breaking of safes or other containers or depositories of property, under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

      (b) Manufacturing or possession of burglar's tools is a class A misdemeanor.

      (1969, P.A. 828, S. 108; P.A. 92-260, S. 42.)

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

      Cited. 181 C. 172, 180. Cited. 182 C. 242, 243, 250.

      Cited. 5 CA 599, 600, 604. Cited. 6 CA 24. Cited. 11 CA 805. Cited. 28 CA 369, 370. Cited. 35 CA 714, 726. Cited. 37 CA 228, 229.

      Cited. 33 CS 706.

      Subsec. (a):

      Cited. 182 C. 366, 367, 382.

      Cited. 5 CA 599, 606.

      Sec. 53a-107. Criminal trespass in the first degree: Class A misdemeanor. (a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued pursuant to section 46b-15 or a protective order issued pursuant to section 46b-38c, 54-1k or 54-82r by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of 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.

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

      (1969, P.A. 828, S. 109; P.A. 80-58; P.A. 91-381, S. 2; P.A. 92-260, S. 43; P.A. 95-214, S. 4; P.A. 99-240, S. 5; P.A. 03-98, S. 3.)

      History: P.A. 80-58 added Subdiv. (2) in Subsec. (a) specifying that entering or remaining in building or other premises in violation of a restraining order is criminal trespass in the first degree; P.A. 91-381 amended Subsec. (a) by adding "pursuant to section 46b-15 or a protective order issued pursuant to section 46b-38c" after "issued"; P.A. 92-260 made technical changes in Subsec. (a) by replacing references to "such person" with "he" or "him" as appropriate; P.A. 95-214 amended Subsec. (a) to include in Subdiv. (2) a protective order issued pursuant to Sec. 54-1k; P.A. 99-240 amended Subsec. (a) to include in Subdiv. (2) a protective order issued pursuant to Sec. 54-82r and to make provisions gender neutral; P.A. 03-98 amended Subsec. (a) by adding Subdiv. (3) re entry or remaining in a building or other premises in violation of a foreign order of protection.

      Cited. 203 C. 466, 473. Cited. Id., 624, 640. Cited. 204 C. 441, 442.

      Cited. 12 CA 172, 173, 175, 177, 178. Cited. 18 CA 303, 310. Cited. 19 CA 245, 254, 255. Cited. 20 CA 599, 606, 607. Cited. 24 CA 195, 196. Cited. 35 CA 714, 726. Cited. 43 CA 1. Conviction reversed; evidence was insufficient to convict defendant under section. 55 CA 475.

      Word "owner" must be given broad meaning so statute serves its legislative purpose to protect any possessor of land from unwanted intrusions; proof of title not essential element. 35 CS 555, 556, 558, 559. Cited. 37 CS 853.

      Subsec. (a):

      Subdiv. (1) cited. 216 C. 647, 649. Subdiv. (2) cited. 236 C. 342, 343.

      Subdiv. (1) cited. 11 CA 24, 25; 12 CA 258, 261. Subdiv. (1) cited. 18 CA 303, 304, 306; 19 CA 245, 249, 250, 253, 254. Subdiv. (2) cited. 30 CA 45, 46. Cited. 35 CA 262, 263, 267. Subdiv. (1) cited. Id., 262, 267. Subdiv. (2) cited. Id. Subdiv. (2) cited. 36 CA 448, 449; judgment reversed, see 236 C. 342 et seq.

      Subsec. (b):

      Cited. 19 CA 245, 255.

      Sec. 53a-108. Criminal trespass in the second degree: Class B misdemeanor. (a) A person is guilty of criminal trespass in the second degree when, knowing that he is not licensed or privileged to do so, he enters or remains in a building.

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

      (1969, P.A. 828, S. 110.)

      Cited. 203 C. 466, 473. Cited. Id., 624, 640. Cited. 215 C. 257, 259. Section not applicable based on defendant's knowledge. 245 C. 657.

      Cited. 12 CA 375, 383, 384. Cited. 19 CA 245, 256. Cited. 20 CA 599, 606, 607. Cited. Id., 721, 722. Cited. 24 CA 489. Cited. 31 CA 370, 376. Cited. 35 CA 107, 110. Cited. Id., 714, 726.

      Cited. 35 CS 555, 558. Cited. 37 CS 755, 756.

      Subsec. (a):

      Cited. 24 CA 541, 542. Cited. 31 CA 370, 376.

      Sec. 53a-109. Criminal trespass in the third degree: Class C misdemeanor. (a) A person is guilty of criminal trespass in the third degree when, knowing that he is not licensed or privileged to do so: (1) He enters or remains in premises which are posted in a manner prescribed by law or reasonably likely to come to the attention of intruders, or fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to the state and are appurtenant to any state institution; or (2) he enters or remains in any premises for the purpose of hunting, trapping or fishing.

      (b) Criminal trespass in the third degree is a class C misdemeanor.

      (1969, P.A. 828, S. 111; 1971, P.A. 871, S. 20; P.A. 92-260, S. 44.)

      History: 1971 act added Subdiv. (2) in Subsec. (a) specifying that person's entering or remaining in premises for purpose of hunting, trapping or fishing although he knows he is not licensed or privileged to do so is criminal trespass in the third degree; P.A. 92-260 made technical changes and deleted redundant language in Subsec. (a).

      Cited. 203 C. 466, 473. Cited. Id., 624, 640. Cited. 240 C. 708.

      Cited. 20 CA 599, 606, 607. Cited. 24 CA 195, 203. Cited. 35 CA 714, 726.

      Cited. 35 CS 555, 558.

      Subsec. (a):

      Evidence that defendant entered building by not using main entrance but instead forcing open a locked door labeled with a no trespassing sign was sufficient to support conviction under section. 83 CA 377.

      Sec. 53a-110. Affirmative defenses to criminal trespass. It shall be an affirmative defense to prosecution for criminal trespass that: (1) The building involved in the offense was abandoned; or (2) the premises, at the time of the entry or remaining, were open to the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or (3) the actor reasonably believed that the owner of the premises, or a person empowered to license access thereto, would have licensed him to enter or remain, or that he was licensed to do so.

      (1969, P.A. 828, S. 112.)

      Cited. 202 C. 86, 91. Cited. 215 C. 82, 101. Cited. Id., 257, 273.

      Cited. 18 CA 303, 311. Cited. 20 CA 599, 606-608. Cited. 35 CA 714, 726.

      Cited. 35 CS 555, 563.

      Subdiv. (3):

      Cited. 215 C. 257, 273.

      Sec. 53a-110a. Simple trespass: Infraction. (a) A person is guilty of simple trespass when, knowing that he is not licensed or privileged to do so, he enters any premises without intent to harm any property.

      (b) Simple trespass is an infraction.

      (P.A. 83-276, S. 1; P.A. 92-260, S. 45.)

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

      Cited. 12 CA 258-262. Cited. 20 CA 599-608. Cited. 24 CA 195, 196. Cited. 30 CA 45, 46, 50. Cited. 31 CA 370, 378.

      Sec. 53a-110b. Transferred to Part XXI, Sec. 53a-223.

      Sec. 53a-110c. Transferred to Part XXI, Sec. 53a-223a.

      Sec. 53a-110d. Simple trespass of railroad property: Infraction. (a) A person is guilty of simple trespass of railroad property when, knowing that such person is not licensed or privileged to do so, such person enters or remains on railroad property without lawful authority or the consent of the railroad carrier.

      (b) Simple trespass of railroad property is an infraction.

      (P.A. 00-149, S. 2.)

      Sec. 53a-111. Arson in the first degree: Class A felony. (a) A person is guilty of arson in the first degree when, with intent to destroy or damage a building, as defined in section 53a-100, he starts a fire or causes an explosion, and (1) the building is inhabited or occupied or the person has reason to believe the building may be inhabited or occupied; or (2) any other person is injured, either directly or indirectly; or (3) such fire or explosion was caused for the purpose of collecting insurance proceeds for the resultant loss; or (4) at the scene of such fire or explosion a peace officer or firefighter is subjected to a substantial risk of bodily injury.

      (b) Arson in the first degree is a class A felony.

      (1969, P.A. 828, S. 113; P.A. 79-570, S. 3; P.A. 80-229, S. 1; P.A. 82-290, S. 1.)

      History: P.A. 79-570 restated Subsec. (a) in greater detail, replacing general language re actor's awareness that person is in or near building or his lack of knowledge or indifference as to whether another is in or near building; P.A. 80-229 clarified Subsec. (a), adding reference to "building" definition of Sec. 53a-100 and replacing reference to peace officer's or firefighter's closeness to building with reference to their being at the scene of a fire or explosion; P.A. 82-290 amended Subsec. (a) to include fire or explosion caused for the purpose of collecting insurance proceeds.

      See also annotations to part V.

      Cited. 172 C. 298. Cited. 174 C. 135, 136. Cited. 178 C. 67, 68. Cited. 194 C. 279, 281, 283-286. Cited. 197 C. 158, 162-164. Cited. 198 C. 92, 105. Cited. 200 C. 685, 686, 693. Cited. 204 C. 4, 5. Cited. Id., 769, 770. Cited. 210 C. 519- 521. Cited. 216 C. 678, 679. Cited. 219 C. 605, 606. Cited. 220 C. 796, 798. Cited. 222 C. 469, 470. Cited. 227 C. 829, 832. Cited. 235 C. 679, 681, 683. Cited. 236 C. 31, 33. Cited. 237 C. 694. Cited. 238 C. 828.

      Cited. 8 CA 581, 597. Cited. 12 CA 32, 34. Cited. 35 CA 527, 528. Cited. Id., 714, 715, 717, 724. Cited. 36 CA 454, 456-458. Cited. 40 CA 789, 791. Cited. 46 CA 350. Provisions applicable to firefighters on truck injured in accident en route to fire. Injuries not required to be substantial or foreseeable. 59 CA 507.

      Subsec. (a):

      Cited. 183 C. 1, 2, 5. Subdiv. (1) cited. 187 C. 109, 111. Subdiv. (2) cited. Id. Cited. Id., 513, 514. Subdiv. (1) cited. 191 C. 412, 413. Cited. Id., 636, 638, 645. Subdiv. (2) cited. 199 C. 1, 2. Cited. 200 C. 30, 31. Trial court's failure to consider a suspended sentence violated equal protection because it resulted in a harsher penalty for a defendant who acted with less culpable intent and caused a less serious result than arson murder. Id., 268, 279, 280. Cited. 202 C. 93, 98. Subdiv. (1) cited. 204 C. 377, 378. Subdiv. (4) cited. Id., 769, 775-777, 785. Subdiv. (1) cited. 205 C. 201, 202. Cited. 207 C. 118, 120. Subdiv. (1) cited. 213 C. 161, 162. Subdiv. (1) cited. 214 C. 161, 162; Id., 752, 753; 215 C. 1, 2. Subdiv. (2) cited. 216 C. 585-587, 595; 218 C. 747, 748. Subdiv. (4) cited. 219 C. 605, 606, 608, 615, 618, 619. Subdiv. (2) cited. Id., 605, 606, 608, 618, 619. Subdiv. (1) cited. 221 C. 713, 715. Subdiv. (4) cited. 227 C. 1, 2, 6-12. Subdiv. (3) cited. Id., 1, 2, 6- 12, 16. Subdiv. (3) cited. 229 C. 10-12. Subdiv. (4) cited. Id. Cited. 235 C. 679, 681. Subdiv. (4) cited. 240 C. 708. Subdiv. (3) cited. 241 C. 57. Subdiv. (4) cited. Id. Motive not an ultimate issue or element of Sec. 53a-111(a)(4), therefore state is not collaterally estopped from admitting evidence of insurance despite earlier acquittal of Sec. 53a-111(a)(3). Evidence supported finding that firefighters were exposed to risk of substantial injury. 243 C. 282.

      Cited. 10 CA 147, 148. Subdiv. (2) cited. 12 CA 343, 344. Cited. 28 CA 9, 11. Subdiv. (4) cited. 30 CA 164, 165, 168, 179; judgment reversed, see 229 C. 10 et seq. Subdiv. (3) cited. Id., 164, 168; judgment reversed, see 229 C. 10 et seq. Subdiv. (1) cited. 34 CA 823-826, 829. Subdiv. (3) cited. 36 CA 454-456. Subdiv. (4) cited. Id. Subdiv. (1) cited. Id., 753, 755, 762. Subdiv. (3) cited. 37 CA 360, 369. Subdiv. (4) cited. Id. Subdiv. (4) cited. 39 CA 800, 801, 803, 805. Subdiv. (3) cited. Id., 800, 805. Defendant was not deprived of right to fair trial for violation of section because evidence was sufficient to establish that she possessed requisite intent. Although the prosecutor improperly asked defendant to comment on other witnesses' veracity, the questioning occurred just once and was not prejudicial; prosecutor's closing statements, even if found improper, were isolated and not prejudicial. 75 CA 163. Jury instructions were proper. Id.

      Sec. 53a-112. Arson in the second degree: Class B felony. (a) A person is guilty of arson in the second degree when, with intent to destroy or damage a building, as defined in section 53a-100, (1) he starts a fire or causes an explosion and (A) such act subjects another person to a substantial risk of bodily injury; or (B) such fire or explosion was intended to conceal some other criminal act; or (C) such fire or explosion was intended to subject another person to a deprivation of a right, privilege or immunity secured or protected by the Constitution or laws of this state or of the United States; or (2) a fire or explosion was caused by an individual hired by such person to start such fire or cause such explosion.

      (b) Arson in the second degree is a class B felony.

      (1969, P.A. 828, S. 114; P.A. 79-570, S. 4; P.A. 80-229, S. 2; P.A. 82-290, S. 2; P.A. 84-4.)

      History: P.A. 79-570 made second degree arson a Class B, rather than a Class C felony; P.A. 80-229 added reference to building definition of Sec. 53a-100; P.A. 82-290 amended Subsec. (a) by deleting (1) intent to destroy or damage a building of another (2) fires or explosions caused for the purpose of collecting insurance proceeds and (3) subjecting another building to risk of destruction or damage and adding (1) fires or explosions intended to conceal some criminal act and (2) fires or explosions caused by person hired to set fire or cause explosion; P.A. 84-4 amended Subdiv. (1) of Subsec. (a) by adding Subpara. (C) re a fire or explosion intended to subject another person to a deprivation of certain rights, privileges or immunities.

      See also annotations to part V.

      Cited. 172 C. 298. Cited. 178 C. 67, 68. Cited. 189 C. 228, 230. Cited. 191 C. 636, 645. Cited. 194 C. 617-619. Cited. 195 C. 600, 601, 603-605. "... more reasonable to conclude that the legislature intended arsonists to be held culpable (under the statute) for creating substantial risk to other buildings, regardless of how close such risks come to being fulfilled." 197 C. 158, 159, 161, 162, 164, 165. Cited. 198 C. 92, 105. Cited. 199 C. 389, 399. Cited. 204 C. 769, 776. Cited. 219 C. 605, 615, 616. Cited. 236 C. 375, 379.

      Term "another person" includes firefighters. 8 CA 581, 582, 597. Cited. 17 CA 466, 469, 470.

      Subsec. (a):

      Subdiv. (1)(A) cited. 174 C. 73. Subdiv. (2) cited. Id. Subdiv. (1)(B) cited. 189 C. 201, 202. Subdiv. (1)(B)(2) cited. Id., 752, 754. Subdiv. (1)(B) cited. 195 C. 128, 129. Subdiv. (2) cited. Id. Cited. Id., 598, 599. Cited. 197 C. 158, 159, 162. Cited. 199 C. 14, 15. Cited. Id., 389, 390. Subdiv. (1) cited. 202 C. 93, 95, 99. Subdiv. (1)(B) cited. 215 C. 716, 719.

      Subdiv. (1)(A) cited. 10 CA 422, 423. Subdiv. (1)(A) cited. 17 CA 466, 467. Cited. 28 CA 9, 11. Subdiv. (2): Holding in State v. Schleifer, that solicitation of another to set a fire was insufficient to establish the crime of attempt to commit arson, has been legislatively overruled by enactment of P.A. 82-290. 59 CA 362.

      Sec. 53a-113. Arson in the third degree: Class C felony. (a) A person is guilty of arson in the third degree when he recklessly causes destruction or damage to a building, as defined in section 53a-100, of his own or of another by intentionally starting a fire or causing an explosion.

      (b) Arson in the third degree is a class C felony.

      (1969, P.A. 828, S. 115; P.A. 73-639, S. 6; P.A. 79-570, S. 5; P.A. 80-229, S. 3; P.A. 92-260, S. 46.)

      History: P.A. 73-639 specified applicability to destruction or damage of person's own building in Subsec. (a); P.A. 79-570 made third degree arson a Class C, rather than a Class D, felony; P.A. 80-229 added reference to building definition in Sec. 53a-100; P.A. 92-260 made a technical change in Subsec. (a).

      Cited. 172 C. 298. Cited. 177 C. 545, 546. Cited. 191 C. 636, 645. Cited. 194 C. 210. Cited. 197 C. 158, 164. Cited. 198 C. 92, 105. "There is no such thing as a conspiracy to commit a crime which is defined in terms of recklessly or negligently causing a result"; therefore conspiracy to commit arson in the third degree in violation of this statute and Sec. 53a-48 is not a crime cognizable under state law. 199 C. 1, 2, 4, 5. Cited. 200 C. 268, 278, 279. Cited. 202 C. 520, 526. Cited. 235 C. 679, 682.

      Cited. 6 CA 680, 681. Cited. 22 CA 53, 54. Cited. 35 CA 714, 716.

      Cited. 41 CS 525.

      Subsec. (a):

      Cited. 235 C. 185, 189.

      Cited. 10 CA 361, 362. Cited. 35 CA 94, 96, 103; judgment reversed, see 235 C. 185 et seq.

      Sec. 53a-114. Reckless burning: Class D felony. (a) A person is guilty of reckless burning when he intentionally starts a fire or causes an explosion, whether on his own property or another's, and thereby recklessly places a building, as defined in section 53a-100, of another in danger of destruction or damage.

      (b) Reckless burning is a class D felony.

      (1969, P.A. 828, S. 116; P.A. 79-570, S. 6; P.A. 80-229, S. 4; P.A. 92-260, S. 47.)

      History: P.A. 79-570 made reckless burning a Class D felony rather than a Class A misdemeanor; P.A. 80-229 added reference to building definition in Sec. 53a-100; P.A. 92-260 made a technical change in Subsec. (a).

      Cited. 197 C. 158, 163, 164. Cited. 200 C. 268, 278, 279.

      Subsec. (a):

      Cited. 41 CA 701, 703.

      Sec. 53a-115. Criminal mischief in the first degree: Class D felony. (a) A person is guilty of criminal mischief in the first degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding one thousand five hundred dollars, or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a utility or mode of public transportation, power or communication, and thereby causes an interruption or impairment of service rendered to the public, or (3) with intent to cause damage to any electronic monitoring equipment owned or leased by the state or its agent and required as a condition of probation or conditional discharge pursuant to section 53a-30, as a condition of release pursuant to section 54-64a or as a condition of community release pursuant to section 18-100c, and having no reasonable ground to believe that such person has a right to do so, such person damages such electronic monitoring equipment and thereby causes an interruption in its ability to function, or (4) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with (A) any tangible property owned by the state, a municipality or a person for fire alarm or police alarm purposes, (B) any telecommunication system operated by the state police or a municipal police department, (C) any emergency medical or fire service dispatching system, (D) any fire suppression equipment owned by the state, a municipality, a person or a fire district, or (E) any fire hydrant or hydrant system owned by the state or a municipality, a person, a fire district or a private water company.

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

      (1969, P.A. 828, S. 117; 1971, P.A. 871, S. 21; P.A. 83-330, S. 1; P.A. 92-260, S. 48; P.A. 00-141, S. 4; P.A. 01-8.)

      History: 1971 act added Subdiv. (3) in Subsec. (a) re tampering with fire or police alarms; P.A. 83-330 amended Subdiv. (3) of Subsec. (a) to designate damaging or tampering with fire or police alarms as Subpara. (A) and to add Subparas. (B) to (E) re damaging or tampering with telecommunication systems, emergency medical or fire service dispatching systems, fire suppression equipment and fire hydrants or hydrant systems; P.A. 92-260 made technical changes in Subsec. (a); P.A. 00-141 amended Subsec. (a) by making technical changes, adding new Subdiv. (3) re intentional damage to electronic monitoring equipment and redesignating former Subdiv. (3) as Subdiv. (4); P.A. 01-8 amended Subsec. (a)(3) to include damage to electronic monitoring equipment required as a condition of community release pursuant to Sec. 18-100c.

      Cited. 197 C. 326, 327.

      Cited. 46 CA 118.

      Subsec. (a):

      Subdiv. (1) cited. 191 C. 412, 413. Subdiv. (1) cited. 240 C. 708.

      Subdiv. (1) cited. 29 CA 59, 60.

      Subdiv. (2) cited. 39 CS 400.

      Sec. 53a-116. Criminal mischief in the second degree: Class A misdemeanor. (a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that he has a right to do so, he damages tangible property of another in an amount exceeding two hundred fifty dollars; or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that he has a right to do so, he damages or tampers with tangible property of a public utility or mode of public transportation, power or communication, and thereby causes a risk of interruption or impairment of service rendered to the public.

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

      (1969, P.A. 828, S. 118.)

      Cited. 11 CA 805.

      Cited. 38 CS 301, 302.

      Subsec. (a):

      Subdiv. (1) cited. 236 C. 266, 267.

      Subdiv. (1) cited. 36 CA 680, 681.

      Sec. 53a-117. Criminal mischief in the third degree: Class B misdemeanor. (a) A person is guilty of criminal mischief in the third degree when, having no reasonable ground to believe that he has a right to do so, he: (1) Intentionally or recklessly (A) damages tangible property of another, or (B) tampers with tangible property of another and thereby causes such property to be placed in danger of damage; or (2) damages tangible property of another by negligence involving the use of any potentially harmful or destructive force or substance, such as, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material.

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

      (1969, P.A. 828, S. 119; 1971, P.A. 871, S. 22.)

      History: 1971 act specified that use of harmful or destructive force or substance is "not limited to" fire, explosives, etc. in Subsec. (a)(2).

      Cited. 184 C. 157, 158. Cited. 190 C. 428, 429. Cited. 194 C. 347, 350. Cited. 229 C. 285, 287.

      Cited. 1 CA 647, 651. Cited. 6 CA 334, 335. Cited. 9 CA 59, 60, 70. Cited. 13 CA 214, 215. Cited. 14 CA 526, 527. Cited. Id., 804. Cited. 18 CA 303, 306. Cited. 29 CA 801, 803; judgment reversed, see 229 C. 285 et seq. Cited. 36 CA 364, 373.

      Cited. 35 CS 587, 588, 595, 596; Id., 675, 677. Cited. 36 CS 89. Cited. 37 CS 755, 756. Cited. 38 CS 665, 666. Cited. 194 C. 347, 350.

      Subsec. (a):

      Subdiv. (1)(A) cited. 221 C. 788, 790. Subdiv. (1)(A) cited. 227 C. 153, 155. Subdiv. (2) cited. 236 C. 31, 53.

      Subdiv. (1)(B) cited. 39 CS 504, 508. Subdiv. (1)(A) cited. 1 CA 647, 652. Subdiv. (1)(A) cited. 7 CA 75, 76. Subdiv. (1) cited. 17 CA 326, 327. Subdiv. (1)(A) cited. 24 CA 473, 474; judgment reversed in part, see 221 C. 788 et seq. Cited. 29 CA 801, 803, 812; judgment reversed, see 229 C. 285 et seq. Subdiv. (1)(A) cited. 37 CA 733, 735. Subdiv. (1)(A) cited. 38 CA 225, 226.

      Sec. 53a-117a. Criminal mischief in the fourth degree: Class C misdemeanor. (a) A person is guilty of criminal mischief in the fourth degree when, having no reasonable ground to believe he has a right to do so, he intentionally or recklessly (1) damages or tampers with any fire hydrant or hydrant system owned by the state or a municipality, fire district or private water company, or (2) damages, tampers with or removes any tangible property owned by the state, a municipality or a person for fire alarm, smoke detection and alarm, fire suppressant or police alarm purposes.

      (b) Criminal mischief in the fourth degree is a class C misdemeanor.

      (P.A. 83-330, S. 2; P.A. 84-546, S. 125, 173; P.A. 85-132.)

      History: P.A. 84-546 changed "public alarm purposes" to "police alarm purposes"; P.A. 85-132 amended Subdiv. (2) of Subsec. (a) by prohibiting removal of any of the specified property and by including property used for smoke detection and alarm or fire suppressant purposes.

      Cited. 20 CA 101, 102.

      Secs. 53a-117b to 53a-117d. Reserved for future use.

      Sec. 53a-117e. Criminal damage of a landlord's property in the first degree: Class D felony. (a) A tenant is guilty of criminal damage of a landlord's property in the first degree when, having no reasonable ground to believe that he has a right to do so, he intentionally damages the tangible property of the landlord of the premises in an amount exceeding one thousand five hundred dollars.

      (b) For the purposes of this section, "tenant", "landlord" and "premises" shall have the meanings set forth in section 47a-1.

      (c) Nothing in this section shall preclude prosecution of a person under any other provision of the general statutes.

      (d) Criminal damage of a landlord's property in the first degree is a class D felony.

      (P.A. 96-74, S. 1; P.A. 98-107, S. 1, 6.)

      History: P.A. 98-107 rephrased Subsec. (a), effective July 1, 1998.

      Sec. 53a-117f. Criminal damage of a landlord's property in the second degree: Class A misdemeanor. (a) A tenant is guilty of criminal damage of a landlord's property in the second degree when, having no reasonable ground to believe that a tenant has a right to do so, such tenant (1) intentionally damages the tangible property of the landlord of the premises in an amount exceeding two hundred fifty dollars, or (2) recklessly damages the tangible property of the landlord of the premises in an amount exceeding one thousand five hundred dollars.

      (b) For the purposes of this section, "tenant", "landlord" and "premises" shall have the meanings set forth in section 47a-1.

      (c) Nothing in this section shall preclude prosecution of a person under any other provision of the general statutes.

      (d) Criminal damage of a landlord's property in the second degree is a class A misdemeanor.

      (P.A. 96-74, S. 2; P.A. 98-107, S. 2, 6; P.A. 00-196, S. 40.)

      History: P.A. 98-107 amended Subsec. (a) to rephrase provisions and add provision re reckless damage of the tangible property of the landlord in an amount exceeding fifteen hundred dollars, effective July 1, 1998; P.A. 00-196 made technical changes in Subsec. (a).

      Sec. 53a-117g. Criminal damage of a landlord's property in the third degree: Class B misdemeanor. (a) A tenant is guilty of criminal damage of a landlord's property in the third degree when, having no reasonable ground to believe that he has a right to do so, he recklessly damages the tangible property of the landlord of the premises in an amount exceeding two hundred fifty dollars.

      (b) For the purposes of this section, "tenant", "landlord" and "premises" shall have the meanings set forth in section 47a-1.

      (c) Nothing in this section shall preclude prosecution of a person under any other provision of the general statutes.

      (d) Criminal damage of a landlord's property in the third degree is a class B misdemeanor.

      (P.A. 98-107, S. 3, 6.)

      History: P.A. 98-107 effective July 1, 1998.

      Secs. 53a-117h to 53a-117j. Reserved for future use.

      Sec. 53a-117k. Damage to railroad property in the first degree: Class D felony. (a) A person is guilty of damage to railroad property in the first degree when: (1) With intent to cause damage to railroad property and having no reasonable ground to believe that such person has a right to do so, such person damages such property in an amount exceeding one thousand five hundred dollars, or (2) with intent to cause an interruption or impairment of railroad service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with railroad property and thereby causes an interruption or impairment of railroad service rendered to the public.

      (b) Damage to railroad property in the first degree is a class D felony.

      (P.A. 00-149, S. 3.)

      Sec. 53a-117l. Damage to railroad property in the second degree: Class A misdemeanor. (a) A person is guilty of damage to railroad property in the second degree when: (1) With intent to cause damage to railroad property and having no reasonable ground to believe that such person has a right to do so, such person damages such property in an amount exceeding two hundred fifty dollars, or (2) with intent to cause an interruption or impairment of railroad service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with railroad property and thereby causes a risk of interruption or impairment of railroad service rendered to the public.

      (b) Damage to railroad property in the second degree is a class A misdemeanor.

      (P.A. 00-149, S. 4.)

      Sec. 53a-117m. Damage to railroad property in the third degree: Class B misdemeanor. (a) A person is guilty of damage to railroad property in the third degree when, having no reasonable ground to believe that such person has a right to do so, such person: (1) Intentionally or recklessly (A) damages railroad property, or (B) tampers with railroad property and thereby causes such property to be placed in danger of damage, or (2) damages railroad property by negligence involving the use of any potentially harmful or destructive force or substance including, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material.

      (b) Damage to railroad property in the third degree is a class B misdemeanor.

      (P.A. 00-149, S. 5.)

      Sec. 53a-119. Larceny defined. A person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner. Larceny includes, but is not limited to:

      (1) Embezzlement. A person commits embezzlement when he wrongfully appropriates to himself or to another property of another in his care or custody.

      (2) Obtaining property by false pretenses. A person obtains property by false pretenses when, by any false token, pretense or device, he obtains from another any property, with intent to defraud him or any other person.

      (3) Obtaining property by false promise. A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or does not believe that the third person intends to engage in such conduct. In any prosecution for larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed.

      (4) Acquiring property lost, mislaid or delivered by mistake. A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of larceny if, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to it.

      (5) Extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: (A) Cause physical injury to some person in the future; or (B) cause damage to property; or (C) engage in other conduct constituting a crime; or (D) accuse some person of a crime or cause criminal charges to be instituted against him; or (E) expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or (F) cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or (G) testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or (H) use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or (I) inflict any other harm which would not benefit the actor.

      (6) Defrauding of public community. A person is guilty of defrauding a public community who (A) authorizes, certifies, attests or files a claim for benefits or reimbursement from a local, state or federal agency which he knows is false; or (B) knowingly accepts the benefits from a claim he knows is false; or (C) as an officer or agent of any public community, with intent to prejudice it, appropriates its property to the use of any person or draws any order upon its treasury or presents or aids in procuring to be allowed any fraudulent claim against such community. For purposes of this subdivision such order or claim shall be deemed to be property.

      (7) Theft of services. A person is guilty of theft of services when: (A) With intent to avoid payment for restaurant services rendered, or for services rendered to him as a transient guest at a hotel, motel, inn, tourist cabin, rooming house or comparable establishment, he avoids such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he knows to be false; or (B)(i) with intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains such service or avoids payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay, or (ii) with intent to obtain the use of equipment, including a motor vehicle, without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such use which has been permitted him, he obtains such use or avoids such payment therefor by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment, or driver's license; or (C) obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that he is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for himself or a third person, he uses or diverts to the use of himself or a third person such labor, equipment or facilities.

      (8) Receiving stolen property. A person is guilty of larceny by receiving stolen property if he receives, retains, or disposes of stolen property knowing that it has probably been stolen or believing that it has probably been stolen, unless the property is received, retained or disposed of with purpose to restore it to the owner. A person who accepts or receives the use or benefit of a public utility commodity which customarily passes through a meter, knowing such commodity (A) has been diverted therefrom, (B) has not been correctly registered or (C) has not been registered at all by a meter, is guilty of larceny by receiving stolen property.

      (9) Shoplifting. A person is guilty of shoplifting who intentionally takes possession of any goods, wares or merchandise offered or exposed for sale by any store or other mercantile establishment with the intention of converting the same to his own use, without paying the purchase price thereof. A person intentionally concealing unpurchased goods or merchandise of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such article with the intention of converting the same to his own use without paying the purchase price thereof.

      (10) Conversion of a motor vehicle. A person is guilty of conversion of a motor vehicle who, after renting or leasing a motor vehicle under an agreement in writing which provides for the return of such vehicle to a particular place at a particular time, fails to return the vehicle to such place within the time specified, and who thereafter fails to return such vehicle to the agreed place or to any other place of business of the lessor within one hundred twenty hours after the lessor shall have sent a written demand to him for the return of the vehicle by registered mail addressed to him at his address as shown in the written agreement or, in the absence of such address, to his last-known address as recorded in the records of the motor vehicle department of the state in which he is licensed to operate a motor vehicle. It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person to whom such demand was sent by registered mail that he failed to return the vehicle to any place of business of the lessor within one hundred twenty hours after the mailing of such demand.

      (11) Obtaining property through fraudulent use of an automated teller machine. A person obtains property through fraudulent use of an automated teller machine when such person obtains property by knowingly using in a fraudulent manner an automated teller machine with intent to deprive another of property or to appropriate the same to himself or a third person. In any prosecution for larceny based upon fraudulent use of an automated teller machine, the crime shall be deemed to have been committed in the town in which the machine was located. In any prosecution for larceny based upon more than one instance of fraudulent use of an automated teller machine, (A) all such instances in any six-month period may be combined and charged as one offense, with the value of all property obtained thereby being accumulated, and (B) the crime shall be deemed to have been committed in any of the towns in which a machine which was fraudulently used was located. For the purposes of this subsection, "automated teller machine" means an unmanned device at which banking transactions including, without limitation, deposits, withdrawals, advances, payments and transfers may be conducted, and includes, without limitation, a satellite device and point of sale terminal as defined in section 36a-2.

      (12) Library theft. A person is guilty of library theft when (A) he conceals on his person or among his belongings a book or other archival library materials, belonging to, or deposited in, a library facility with the intention of removing the same from the library facility without authority or without authority removes a book or other archival library materials from such library facility or (B) he mutilates a book or other archival library materials belonging to, or deposited in, a library facility, so as to render it unusable or reduce its value. The term "book or other archival library materials" includes any book, plate, picture, photograph, engraving, painting, drawing, map, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility. The term "library facility" includes any public library, any library of an educational institution, organization or society, any museum, any repository of public records and any archives.

      (13) Conversion of leased property. (A) A person is guilty of conversion of leased personal property who, with the intent of converting the same to his own use or that of a third person, after renting or leasing such property under an agreement in writing which provides for the return of such property to a particular place at a particular time, sells, conveys, conceals or aids in concealing such property or any part thereof, and who thereafter fails to return such property to the agreed place or to any other place of business of the lessor within one hundred ninety-two hours after the lessor shall have sent a written demand to him for the return of the property by registered or certified mail addressed to him at his address as shown in the written agreement, unless a more recent address is known to the lessor. (B) Any person, being in possession of personal property other than wearing apparel, received upon a written lease, who, with intent to defraud, sells, conveys, conceals or aids in concealing such property, or any part thereof, shall be prima facie presumed to have done so with the intention of converting such property to his own use. (C) A person who uses a false or fictitious name or address in obtaining such leased personal property shall be prima facie presumed to have obtained such leased personal property with the intent of converting the same to his own use or that of a third person. (D) "Leased personal property", as used in this subdivision, means any personal property received pursuant to a written contract, by which one owning such property, the lessor, grants to another, the lessee, the right to possess, use and enjoy such personal property for a specified period of time for a specified sum.

      (14) Failure to pay prevailing rate of wages. A person is guilty of failing to pay the prevailing rate of wages when he (A) files a certified payroll, in accordance with section 31-53 which he knows is false, in violation of section 53a-157a, and (B) fails to pay to an employee or to an employee welfare fund the amount attested to in the certified payroll with the intent to convert such amount to his own use or to the use of a third party.

      (15) Theft of utility service. A person is guilty of theft of utility service when he intentionally obtains electric, gas, water, telecommunications, wireless radio communications or community antenna television service that is available only for compensation: (A) By deception or threat or by false token, slug or other means including, but not limited to, electronic or mechanical device or unauthorized use of a confidential identification or authorization code or through fraudulent statements, to avoid payment for the service by himself or another person; or (B) by tampering or making connection with or disconnecting the meter, pipe, cable, conduit, conductor, attachment or other equipment or by manufacturing, modifying, altering, programming, reprogramming or possessing any device, software or equipment or part or component thereof or by disguising the identity or identification numbers of any device or equipment utilized by a supplier of electric, gas, water, telecommunications, wireless radio communications or community antenna television service, without the consent of such supplier, in order to avoid payment for the service by himself or another person; or (C) with intent to avoid payment by himself or another person for a prospective or already rendered service the charge or compensation for which is measured by a meter or other mechanical measuring device provided by the supplier of the service, by tampering with such meter or device or by attempting in any manner to prevent such meter or device from performing its measuring function, without the consent of the supplier of the service. There shall be a rebuttable presumption that the person to whom the service is billed has the intent to obtain the service and to avoid making payment for the service if, without the consent of the supplier of the service: (i) Any meter, pipe, cable, conduit, conductor, attachment or other equipment has been tampered with or connected or disconnected, (ii) any device, software or equipment or part or component thereof has been modified, altered, programmed, reprogrammed or possessed, (iii) the identity or identification numbers of any device or equipment utilized by the supplier of the service have been disguised, or (iv) a meter or other mechanical measuring device provided by the supplier of the service has been tampered with or prevented from performing its measuring function. The presumption does not apply if the person to whose service the condition applies has received such service for less than thirty-one days or until the service supplier has made at least one meter or service reading and provided a billing statement to the person as to whose service the condition applies. The presumption does not apply with respect to wireless radio communications.

      (16) Air bag fraud. A person is guilty of air bag fraud when such person, with intent to defraud another person, obtains property from such other person or a third person by knowingly installing or reinstalling any object in lieu of an air bag that was designed in accordance with federal safety requirements as provided in 49 CFR 571.208, as amended, and which is proper for the make, model and year of the vehicle, as part of the vehicle inflatable restraint system.

      (17) Theft of motor fuel. A person is guilty of theft of motor fuel when such person (A) delivers or causes to be delivered motor fuel, as defined in section 14-327a, into the fuel tank of a vehicle or into a portable container, or into both, on the premises of a retail dealer, as defined in section 14-318, and (B) with the intent to appropriate such motor fuel to himself or a third person, leaves such premises without paying the purchase price for such motor fuel.

      (1969, P.A. 828, S. 121; 1971, P.A. 871, S. 24; 1972, P.A. 188, S. 1, 2; P.A. 73-639, S. 21; P.A. 75-225; P.A. 76-109; P.A. 79-268; P.A. 81-224; 81-263, S. 1; P.A. 83-417, S. 1; P.A. 84-248, S. 1; 84-301, S. 1; 84-546, S. 161, 173; P.A. 85-339, S. 1; P.A. 91-162, S. 17, 18; P.A. 92-260, S. 49; P.A. 93-392, S. 5; P.A. 95-246, S. 1; P.A. 01-36; P.A. 03-201, S. 1; 03-278, S. 105.)

      History: 1971 act deleted "Committing the crime of" preceding actual crimes in Subdivs. (6) to (8), specified actions which constitute theft of services or receiving stolen property in Subdivs. (7) and (8), deleting references to those crimes as defined in Secs. 53a-120 and 53a-126 respectively, and added Subdiv. (9) re shoplifting; 1972 act added Subpara. (B) in Subdiv. (7)(2) re fraud in avoiding payment for use of equipment, including motor vehicles and added Subdiv. (10) re conversion of motor vehicle; P.A. 73-639 revised Subdiv. (10) to clarify title of crime where previously crime described was simply referred to as larceny; P.A. 75-225 deleted provision in Subdiv. (3) which required that finding be based on evidence establishing that case facts and circumstances are "wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief", and that evidence excludes "to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed"; P.A. 76-109 applied provisions of Subdiv. (7) to community antenna television service; P.A. 79-268 specified applicability of Subdiv. (7)(3) re "gas, electricity, water and steam service" for consistency with Subdiv. (7)(5); P.A. 81-224 amended Subdiv. (8) to include receiving the use or benefit of public utility services which have been diverted from or incorrectly registered on a meter as larceny by receiving stolen property; P.A. 81-263 amended Subdiv. (6) by adding the provision that a person is guilty of defrauding a public community who authorizes or files a false claim for benefits from a local, state or federal agency or accepts the benefits from a false claim; P.A. 83-417 added Subdiv. (11) re obtaining property through fraudulent use of an automatic teller machine; P.A. 84-248 added Subdiv. (12) defining crime of library theft and the Revisors editorially added a subdivision catchline to conform with previously existing Subdivs.; P.A. 84-301 amended Subdiv. (11) by replacing "automatic" with "automated", adding provisions re prosecution for larceny based upon more than one instance of fraudulent use, and adding definition of "automated teller machine"; P.A. 84-546 made technical change in Subdiv. (12); P.A. 85-339 added Subdiv. (13) re conversion of leased personal property; P.A. 91-162 amended Subdiv. (13) to delete refusal to return leased personal property or failure to return leased personal property to a certain place within a certain time as elements of the offense of conversion of leased personal property in order to protect consumers leasing personal property under consumer rent-to-own agreements, as defined in Sec. 42-240a, from being charged with the offense of conversion of leased personal property upon their refusal or failure to return such property to the lessor; P.A. 92-260 made a technical change in Subdiv. (6) and made technical changes in Subpara. indicators in Subdivs. (6) to (8), inclusive; P.A. 93-392 added Subdiv. (14) re failure to pay prevailing rate of wages; P.A. 95-246 amended Subdiv. (7) to delete Subpara. (C) re theft of gas, electricity, water, steam, telecommunication or community antenna service, Subpara. (D) re tampering with a meter or measuring device to avoid payment for service the charge or compensation of which is measured by such meter or device and Subpara. (E) re tampering with the equipment of a supplier of gas, electricity, water, steam, telephone or community antenna television service, relettering former Subpara. (F) as Subpara. (C), and added Subdiv. (15) re theft of utility service; (Revisors's note: In 1999 the words in Subdiv. (8)(C) "as not been registered" were replaced editorially by the Revisors with "has not been registered" to correct a clerical error); P.A. 01-36 added Subdiv. (16) re air bag fraud (Revisor's note: In Subdiv. (16), the heading "Air bag fraud." was added editorially by the Revisors following "(16)" to conform the format of this new subdivision with the format of Subdivs. (1) to (15), inclusive, each of which was enacted with a descriptive heading); P.A. 03-201 added Subdiv. (17) re theft of motor fuel; P.A. 03-278 made technical changes in Subdiv. (11), effective July 9, 2003.

      Annotations to former section 53-65:

      Cited. 165 C. 163.

      Cited. 31 CS 296. Cited. Id., 434.

      Annotations to present section:

      Cited. 170 C. 463, 466. Inference based on possession of recently stolen property; meaning of "possession"; mere presence of passenger in motor vehicle containing recently stolen goods is insufficient to support conviction. 171 C. 127. Cited. 172 C. 571. Cited. 174 C. 338, 342. Cited. 176 C. 239, 242, 243. Cited. 178 C. 163, 164, 167; id., 689, 694. Cited 179 C. 576, 587. Cited. 180 C. 662, 663, 665, 675, 679. Cited. 181 C. 172, 173, 177; id., 254, 255; id., 299, 312; id., 388, 396. Cited. 182 C. 449, 460; id., 476, 477. Cited. 183 C. 299, 303; id., 386, 387. Cited. 185 C. 211, 212. Cited. 186 C. 1, 7; id., 426, 427; id., 555, 557, 571 (Diss. Op.), 572 (Diss. Op.). Cited. 188 C. 671, 674; id., 681, 682, 696. Cited. 189 C. 114, 115, 121; id., 383, 385. Cited. 190 C. 104, 105. Cited. 194 C. 198, 199, 204. Cited. Id., 223. Cited. 196 C. 115, 116. Cited. Id., 225-227. Cited. Id., 567, 568. Cited. 197 C. 17, 18. Cited. Id., 201, 203. Cited. Id., 247, 261. Cited. 198 C. 1, 2, 20. Cited. 199 C. 207, 223. Cited. 200 C. 310, 312, 322. Cited. 200 C. 586, 587. Cited. 201 C. 489, 493. Cited. 209 C. 564, 575, 576. Cited. 210 C. 652, 687, 689. Cited. 211 C. 101, 102, 114. Cited. 212 C. 31, 45. Cited. 213 C. 422, 424. Cited. 214 C. 132, 133. Cited. Id., 161, 163. Cited. Id., 717, 720. Cited. 218 C. 273, 275. Cited. 221 C. 685-687. Cited. 223 C. 243, 252. Cited. 224 C. 711, 713. Cited. 227 C. 611, 612. Cited. 232 C. 431, 433, 439; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. Id., 455, 458. Cited. Id., 740, 742. Cited. 233 C. 527, 528, 530. Cited. Id., 552, 553. Cited. 235 C. 502, 505, 515. Cited. 241 C. 439. Cited. Id., 702. Cited. 242 C. 666. Statutory theft under Sec. 52-564 is synonymous with larceny as provided in section. 255 C. 20. Pursuant to section, a person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from the owner. Id. Although lack of consent is not specifically enumerated as element of larceny in the first degree, donative victim's inability to consent to a taking is a factor properly considered in the context of traditional understanding of larceny statute. 256 C. 135.

      Cited. 1 CA 642, 645. Cited. 3 CA 633, 634. Cited. 4 CA 544, 556. Cited. 5 CA 599, 604. Cited. 7 CA 1, 2. Cited. Id., 326, 334, 336. Cited. Id., 532, 533. Cited. 8 CA 125, 141. Cited. Id., 491, 493. Cited. 9 CA 121, 122. Cited. Id., 141, 142, 144. Cited. Id., 313, 314, 319. Cited. Id., 373, 377. Cited. 10 CA 447, 448. Cited. 11 CA 102, 103. Cited. Id., 161, 162, 164, 165, 167. Cited. 12 CA 1, 19, 24. Cited. Id., 163, 171. Cited. Id., 408, 410, 412. Cited. 13 CA 12. Cited. Id., 576, 577. Cited. Id., 596, 601. Cited. 14 CA 472, 474. Cited. 15 CA 641, 642, 644, 645. Cited. 19 CA 111, 137, 138; judgment reversed, see 215 C. 538 et seq. Cited. Id., 521, 530. Cited. Id., 695, 706. Cited. 20 CA 513, 514. Cited. Id., 665, 666. Cited. 21 CA 431, 432. Cited. 25 CA 298, 304. Cited. Id., 646, 648. Cited. 26 CA 52, 53. Cited. 28 CA 469. Cited. Id., 521, 527. Cited. 30 CA 190, 191. Cited. 31 CA 47, 48, 56. Cited. 33 CA 303, 309. Cited. Id., 339, 351. Cited. Id., 368, 369, 372, 377. Cited. Id., 603, 604. Cited. 34 CA 250, 251; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. Id., 599, 600. Cited. Id., 694, 695, 699, 700. Cited. Id., 751, 753; judgment reversed, see 233 C. 211 et seq. Cited. 35 CA 566, 567. Cited. 37 CA 482, 488. Cited. Id., 589, 594. Cited. Id., 619, 621, 627. Cited. 38 CA 481, 483. Cited. Id., 643, 645, 647. Cited. 39 CA 96, 97. Cited. Id., 579, 593. Cited. 41 CA 584, 585. Cited. Id., 695, 696. Cited. 42 CA 599. Cited. 43 CA 499. Cited. Id., 801. Cited. 44 CA 294. Cited. 45 CA 6. Cited. Id., 46. Cited. Id., 369. Cited. Id., 455. Cited. 46 CA 269. Cited. Id., 414. Cited. Id., 616. Cited. Id., 691. Cited. Id., 778. Cited. 47 CA 1. Section includes "theft of services" as larceny. 66 CA 740. Employers did not commit extortion when they sought restitution of wages from employee who was found guilty of misappropriating the wages. 75 CA 319.

      Cited. 32 CS 650. Cited. Id., 653. Cited. 34 CS 612, 616. Cited. 36 CS 570, 573. Cited. 37 CS 678, 684. Statutory definition of larceny does not modify common law rule that proof of the identity of the owner of stolen property is not an element of the crime of larceny. Id., 809, 812. Cited. Id., 853. Cited. 38 CS 1, 5; id., 593, 595. Cited. 39 CS 27, 30; id., 363, 364.

      Subsec. (1):

      Cited. 178 C. 480, 481. Cited. 188 C. 681, 696. Cited. 199 C. 462, 464, 467, 471. Cited. 203 C. 682, 686. Cited. 208 C. 420, 421. Cited. 233 C. 552, 556.

      Cited. 9 CA 365. Cited. 11 CA 684, 685, 687. Cited. 19 CA 521, 522. Cited. 35 CA 566, 576, 577. Cited. 46 CA 414. Cited. 47 CA 1.

      Subsec. (2):

      Cited. 169 C. 581. Cited. 177 C. 243. Cited. 180 C. 662, 664, 665. Cited. 188 C. 681, 696. Cited. 194 C. 96, 97. Cited. Id., 233, 239. Cited. 195 C. 421, 422. Cited. 198 C. 348, 350, 351. Cited. 242 C. 345.

      Cited. 4 CA 69, 74. Cited. 11 CA 161, 166. Cited. 14 CA 88, 91, 102. Cited. 25 CA 298, 306. Cited. 28 CA 306-308. Cited. Id., 521, 527.

      Subsec. (3):

      Cited. 178 C. 163, 167, 169-172; Id., 649, 650. Cited. 180 C. 662, 665. Cited. 188 C. 681, 696. Cited. 190 C. 541, 542, 549.

      Subsec. (5):

      Subdiv. (E) cited. 237 C. 501.

      Cited. 7 CA 367, 372. Cited. 21 CA 386, 402. Subdiv. (H) cited. Id. Cited. 22 CA 449, 451, 454. Subdiv. (E) cited. 37 CA 62, 63; judgment reversed, see 237 C. 501 et seq. Cited. 40 CA 151, 160. Extortion claim that failed to allege conspirators threatened to bring lawsuit against defendants and to publicize their claims if they were not paid the money demanded held legally insufficient. 62 CA 11.

      Subsec. (6):

      Cited. 233 C. 527, 528. Subdiv. (B) cited. Id., 527, 528. Subdiv. (C) cited. Id. Subdiv. (A) cited. Id., 527, 528, 530.

      Cited. 7 CA 326, 331-334. Subdiv. (3) cited. Id., 326, 328, 332, 337, 338, 340. Subdiv. (1) cited. 14 CA 272, 280. Subdiv. (2) cited. Id. Subdiv. (1) cited. 17 CA 486, 487. Cited. 27 CA 635, 641. Subdiv. (A) cited. 34 CA 694, 699, 700. Also cited as 53a-119(6)(1). Id., Subdiv. (6)(C) cited. Id., 694, 705. Cited. 43 CA 499. Cited. 44 CA 187.

      Subsec. (7):

      Subdiv. (F): Charging in the conjunctive discussed; judgment of appellate court in State v. Wohler, 30 CA 571, 576, reversed. 231 C. 411-413.

      Subdiv. (4) cited. 10 CA 486, 493, 494. Cited. 11 CA 161, 167. Cited. 25 CA 298, 304. Subdiv. (F) cited. 30 CA 571, 572; judgment reversed, see 231 C. 411 et seq. Subdiv. (F) cited. 38 CA 277, 279.

      For conviction of offense of theft of services rendered at hotel, motel, inn or comparable establishment, the state must show that accused had been transient guest thereat. 34 CS 603, 604. Cited. 38 CS 1, 5. Subdiv. (b) cited. Id., 593, 595.

      Subsec. (8):

      Cited. 178 C. 416, 417, 419. Instruction on intent unnecessary under this statute. 181 C. 299, 300, 311, 315, 316. Cited. 186 C. 426, 427. Cited. 188 C. 325, 326, 328. Cited. 190 C. 191, 192, 199, 201, 207 (Diss. Op.), 211 (Diss. Op.). Mens rea and scienter discussed. 192 C. 405, 407, 409, 411-413, 422, 423. Cited. 195 C. 421-423. Cited. 196 C. 115, 116. Cited. 200 C. 113, 116. Cited. 241 C. 439.

      Cited. 1 CA 270. Cited. 5 CA 129, 130. Cited. 8 CA 13, 14. Cited. Id., 125, 126, 139. Cited. 11 CA 161, 165. Cited. 12 CA 408, 411, 412, 414. Cited. 15 CA 416, 417. Cited. Id., 641, 642, 645. Cited. 16 CA 402, 403. Cited. 25 CA 149, 150, 153. Cited. 26 CA 33, 34, 43, 44. Cited. 31 CA 614, 617. Cited. 37 CA 40, 41, 50, 51. Cited. 39 CA 96, 97, 103. Cited. 43 CA 613. Cited. 45 CA 6. Cited. Id., 369.

      Cited. 31 CS 510. Mental element required is knowledge or belief that the property probably has been stolen. There must be more than mere suspicion or conjecture. Use of word "probably" as a specification of degree of certainty clarifies law. 35 CS 531, 533, 534. Cited. 36 CS 603, 608.

      Subsec. (9):

      Cited. 13 CA 578, 583. Cited. 14 CA 88, 89, 91, 95, 102.

      Cited. 37 CS 678.

      Subsec. (10):

      Cited. 39 CS 27, 30, 33.

      Subsec. (13):

      Subdiv. (A) cited. 29 CA 283, 289; judgment reversed, see 228 C. 795 et seq.

      Sec. 53a-119a. Shoplifting and library theft; detention, questioning, presumption of crime. (a) Any owner, authorized agent or authorized employee of a retail mercantile establishment, who observes any person concealing or attempting to conceal goods displayed for sale therein, or the ownership of such goods, or transporting such goods from such premises without payment therefor, may question such person as to his name and address and, if such owner, agent or employee has reasonable grounds to believe that the person so questioned was then attempting to commit or was committing larceny of such goods on the premises of such establishment, may detain such person for a time sufficient to summon a police officer to the premises. Any person so questioned by such owner, authorized agent or authorized employee pursuant to the provisions of this section shall promptly identify himself by name and address. No other information shall be required of such person until a police officer has taken him into custody. For the purposes of this subsection, "reasonable grounds" shall include knowledge that a person has concealed unpurchased merchandise of such establishment while on the premises or has altered or removed identifying labels on such merchandise while on the premises or is leaving such premises with such unpurchased or concealed or altered merchandise in his possession.

      (b) Whenever an employee or authorized agent of a library facility, as defined in subdivision (12) of section 53a-119, has reasonable grounds to believe that a person (1) is removing or is attempting to remove, without authority, a book or other archival library materials, as defined in said subdivision (12) of section 53a-119, from a library facility or (2) is intentionally mutilating, defacing or destroying a book or other archival library materials, such employee or authorized agent may question such person as to his name and address and may detain such person for a time sufficient to summon a police officer to the premises. Any person so questioned by such employee or agent shall promptly identify himself by name and address. For the purposes of this subsection, reasonable grounds shall include knowledge that a person (A) has concealed a book or other archival library materials while on the library facility premises or is removing such book or material from the library facility premises without authority or (B) has mutilated, defaced or destroyed a book or other archival library materials belonging to or deposited in a library facility.

      (c) In any civil action by a person detained under the provisions of subsection (a) or (b) of this section against the person so detaining him or the principal or employer of such person arising out of such questioning or detention by any such owner, agent or employee, evidence that the defendant had reasonable grounds to believe that the plaintiff was, at the time in question, committing or attempting to commit larceny or mutilating, defacing or destroying a book or other archival library materials shall create a rebuttable presumption that the plaintiff was so committing or attempting to commit larceny or mutilating, defacing or destroying a book or other archival library materials.

      (P.A. 73-617, S. 2; P.A. 84-248, S. 2; P.A. 92-260, S. 50.)

      History: P.A. 84-248 inserted new Subsec. (b) authorizing employees or authorized agents of library facilities to detain and question any person who, on reasonable grounds, is suspected of attempting to commit library theft, relettering former Subsec. (b) as Subsec. (c), and adding provision re "mutilating, defacing or destroying library books or archival library materials"; P.A. 92-260 made technical changes in Subsecs. (b) and (c).

      Transgression of this statute results in merchants inability to assert statutory privilege in a civil proceeding but does not require exclusion of evidence in a related criminal prosecution. 39 CS 392, 394-396.

      Sec. 53a-119b. Using motor vehicle or vessel without owner's permission. Interfering or tampering with a motor vehicle. First offense: Class A misdemeanor. Subsequent offense: Class D felony. (a) A person is guilty of using a motor vehicle without the owner's permission when: (1) He operates or uses, or causes to be operated or used, any motor vehicle unless he has the consent of the owner; or (2) he obtains the consent of the owner to the use of his motor vehicle by fraud or fraudulent means, statement or representations.

      (b) A person is guilty of using a vessel, as defined in section 15-127, without the owner's permission when: (1) He operates or uses, or causes to be operated or used, any vessel unless he has the consent of the owner; or (2) he obtains the consent of the owner to the use of his vessel by fraud or fraudulent means, statement or representations.

      (c) A person is guilty of interfering or tampering with a motor vehicle when: (1) He puts into motion the engine of any motor vehicle while it is standing without the permission of the owner except that a property owner or his agent may remove any motor vehicle left without authorization on such owner's property in accordance with section 14-145; or (2) with intent and without right to do so, he damages any motor vehicle or damages or removes any of its parts or components.

      (d) Using a motor vehicle or a vessel without the owner's permission or interfering or tampering with a motor vehicle is a class A misdemeanor for a first offense and a class D felony for each subsequent offense.

      (P.A. 73-639, S. 18; P.A. 80-292, S. 10; 80-341, S. 3; P.A. 81-351, S. 2.)

      History: P.A. 80-292 replaced previous Subsec. (b) provision which made use of motor vehicle without owner's permission a Class B misdemeanor with new provisions specifying first such offense as Class A misdemeanor and subsequent offenses as Class D felonies; P.A. 80-341 inserted new Subsec. (b) re use of vessel without owner's permission, relettering and revising former Subsec. (b) as necessary to reflect its insertion; P.A. 81-351 inserted new Subsec. (c) on interfering or tampering with a motor vehicle, relettering former Subsec. (c) accordingly.

      Cited. 195 C. 567, 569. Cited. 231 C. 195, 209.

      Cited. 14 CA 169, 170. Cited. 21 CA 645, 646. Cited. 25 CA 181, 184. Cited. 26 CA 165, 166. Cited. 27 CA 49, 50, 55. Cited. 32 CA 483, 487. Cited. 36 CA 364, 373. Cited. 37 CA 276, 278. Cited. 45 CA 369.

      Cited. 37 CS 901. Cited. 43 CS 211.

      Subsec. (a):

      Subdiv. (1) cited. 206 C. 657, 659.

      Subdiv. (1) cited. 10 CA 361, 362. Cited. 27 CA 49, 52, 53. Subdiv. (1) cited. 43 CA 613. Subdiv. (1) cited. 45 CA 369.

      Subsec. (c):

      Subdiv. (2) cited. 14 CA 119, 120, 123, 124, 127. Cited. 39 CA 1, 2, 5. Subdiv. (1) cited. 43 CA 613.

      Subsec. (d):

      Cited. 45 CA 369.

      Sec. 53a-120. Theft of services; service and credit card defined. Section 53a-120 is repealed.

      (1969, P.A. 828, S. 122; 1971, P.A. 871, S. 129.)

      See Sec. 53a-118 for definitions applicable to larceny, robbery and related offenses.

      Sec. 53a-121. Value of property or services. (a) For the purposes of this part, the value of property or services shall be ascertained as follows: (1) Except as otherwise specified in this section, value means the market value of the property or services at the time and place of the crime or, if such cannot be satisfactorily ascertained, the cost of replacement of the property or services within a reasonable time after the crime. (2) Whether or not they have been issued or delivered, written instruments, except those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows: (A) The value of an instrument constituting evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied; (B) the value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. (3) When the value of property or services cannot be satisfactorily ascertained pursuant to the standards set forth in this section, its value shall be deemed to be an amount less than fifty dollars.

      (b) Amounts included in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

      (1969, P.A. 828, S. 123.)

      Cited. 182 C. 52, 53, 64, 65. Cited (Diss. Op.). Id., 397, 402. Cited. 191 C. 180, 190, 191. Cited. 241 C. 439.

      Cited. 7 CA 326, 336. Cited. 9 CA 313, 319. Cited. 19 CA 521, 522. Cited. 25 CA 298, 307. Cited. 37 CA 62, 63; judgment reversed, see 237 C. 501 et seq.

      Evidence of trade-in value insufficient to establish market value or replacement cost for purposes of statute. 35 CS 531, 535, 536.

      Subsec. (a):

      Subdiv. (3) cited. 176 C. 239, 242; 178 C. 416, 421. Subdiv. (1) cited. 181 C. 172, 182, 183; 182 C. 397-399, 401, 402. Cited. 190 C. 191, 201, 205. Subdiv. (1) cited. 196 C. 225, 229, 230. Cited. Id., 166, 172. Subdiv. (3) cited. Id., 247, 262. Subdiv. (3) cited. Id., 396, 406. Subdiv. (1) cited. 199 C. 308, 313. Subdiv. (1) cited. 200 C. 113, 120. Cited. 241 C. 439. Subdiv. (3) cited. Id.

      Subdiv. (1) cited. 5 CA 129, 132. Subdiv. (3) cited. 12 CA 408, 410. Cited. 33 CA 339, 351; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Subdiv. (1) cited. 46 CA 269.

      Subsec. (b):

      Cited. 177 C. 243. Cited. 178 C. 649, 650. Cited. 199 C. 462, 464, 471. Cited. 228 C. 926. Cited. 232 C. 431, 435, 440; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. 235 C. 502, 505, 508, 514-518. Cited. 241 C. 439.

      Cited. 33 CA 339, 351-353; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. 34 CA 250, 254. Cited. 47 CA 1.

      Sec. 53a-122. Larceny in the first degree: Class B felony. (a) A person is guilty of larceny in the first degree when he commits larceny, as defined in section 53a-119, and: (1) The property or service, regardless of its nature and value, is obtained by extortion, (2) the value of the property or service exceeds ten thousand dollars, (3) the property consists of a motor vehicle, the value of which exceeds ten thousand dollars, or (4) the property is obtained by defrauding a public community, and the value of such property exceeds two thousand dollars.

      (b) For purposes of this section, "motor vehicle" means any motor vehicle, construction equipment, agricultural tractor or farm implement or major component part of any of the above. In any prosecution under subdivision (3) of subsection (a) of this section, evidence of (1) forcible entry, (2) forcible removal of ignition, or (3) alteration, mutilation or removal of a vehicle identification number shall be prima facie evidence (A) that the person in control or possession of such motor vehicle knows or should have known that such motor vehicle is stolen, and (B) that such person possesses such motor vehicle with larcenous intent.

      (c) Larceny in the first degree is a class B felony.

      (1969, P.A. 828, S. 124; 1971, P.A. 871, S. 25; P.A. 73-639, S. 7; P.A. 81-248, S. 1; 81-351, S. 3; P.A. 82-271, S. 1; P.A. 86-275, S. 1; P.A. 92-260, S. 51; P.A. 00-103, S. 1.)

      History: 1971 act deleted detailed description of extortionist acts in Subsec. (a)(1), i.e. threat of physical injury, damage to property, etc., and made first degree larceny a Class C, rather than a Class D, felony; P.A. 73-639 made first degree larceny a Class B felony; P.A. 81-248 amended Subsec. (a) to clarify the proscribed conduct; P.A. 81-351 included property consisting of a motor vehicle having a value exceeding two thousand dollars in the definition of larceny in the first degree inserted new Subsec. (b) enumerating conditions constituting prima facie evidence of a larcenous intent in regard to motor vehicles and relettered former Subsec. (b) accordingly; P.A. 82-271 amended Subdiv. (2) of Subsec. (a) by increasing from two to ten thousand dollars the value of the property or service obtained and by adding Subdiv. (4) concerning defrauding a public community; P.A. 86-275 amended Subdiv. (3) of Subsec. (a) to increase the value of a motor vehicle subject to the section from in excess of two thousand dollars to in excess of ten thousand dollars; P.A. 92-260 made a technical change in Subdiv. (3) of Subsec. (a) by rephrasing language; P.A. 00-103 made technical changes in Subsecs. (a) and (b) and amended Subsec. (b) by defining "motor vehicle" and by adding provisions re prima facie evidence of knowledge that vehicle is stolen and possession of vehicle with larcenous intent.

      Inference based on possession of recently stolen property (driver versus passenger of motor van containing stolen property); meaning of "possession". 171 C. 119, 127. Mere presence of passenger in vehicle containing stolen goods is insufficient to support conviction. Id., 127. Cited. 174 C. 253, 254. Cited. Id., 338, 339. Cited. 183 C. 383. Cited. 186 C. 648, 649. Cited. 188 C. 715, 722. Cited. 189 C. 717, 718. Cited. 190 C. 559, 560. Cited. 194 C. 361, 362. Cited. 196 C. 185. Cited. 197 C. 201, 203. Cited. Id., 247, 262. Cited. 199 C. 30, 32. Cited. Id., 207, 223, 224. Cited. 202 C. 86. Cited. 204 C. 52. Cited. 213 C. 233, 236. Cited. 224 C. 711, 713. Cited. 237 C. 501. Cited. 241 C. 413. Cited. Id., 439.

      Cited. 3 CA 359, 362. Cited. 5 CA 113, 114. Cited. Id., 347, 348. Cited. 6 CA 164, 165. Cited. 7 CA 326, 331, 334, 336. Cited. Id., 532, 533. Cited. 9 CA 349, 351. Cited. 12 CA 585, 587. Cited. 14 CA 272, 278. Cited. 20 CA 810. Cited. 21 CA 431, 436. Cited. 29 CA 843, 860. Cited. 34 CA 599, 600. Cited. Id., 751, 766; judgment reversed, see 233 C. 211 et seq. Cited. 36 CA 364, 374. Cited. 37 CA 40, 42, 50, 51. Cited. 45 CA 455.

      Cited. 31 CS 501.

      Subsec. (a):

      Subdiv. (2) cited. 169 C. 581; 176 C. 239, 242; 177 C. 243. Subdiv. (1) cited. 178 C. 427, 429. Subdiv. (2) cited. 178 C. 163, 164, 166, 169; id., 416, 417, 419; id., 480, 481; id., 649, 650; 180 C. 182; id., 662, 663, 665. 181 C. 172, 173, 177, 182; id., 254, 255; id., 299, 300, 311; 182 C. 52, 54, 62. Subdiv. (2) cited. 183 C. 225; 185 C. 211, 212; 188 C. 671, 674, 676; id., 681, 682; id., 715, 716; Subdiv. (1) cited. 189 C. 114, 115. Subdiv. (2) cited. Id., 201, 202; id., 337, 339; id., 383, 385; 190 C. 541, 542; 192 C. 405, 407, 472. Subdiv. (2) cited. 195 C. 421, 422. Subdiv. (2) cited. 196 C. 225, 227, 228, 230. Subdiv. (3) cited. 197 C. 17, 18. Subdiv. (2) cited. Id., 247, 248. Subdiv. (2) cited. Id., 413, 415. Subdiv. (2) cited. Id., 629, 630. Subdiv. (2) cited. 198 C. 348, 350, 351. Subdiv. (2) cited. Id., 369, 370. Subdiv. (2) cited. 199 C. 14, 16. Subdiv. (2) cited. Id., 207, 208. Subdiv. (2) cited. 208 C. 420, 421. Subdiv. (3) cited. 214 C. 132, 133; Id., 717, 720. Subdiv. (2) cited. 218 C. 151, 152; 219 C. 93, 95. Subdiv. (3) cited. 221 C. 685, 687. Subdiv. (3) cited. 227 C. 611, 612. Subdiv. (3) cited. 232 C. 691, 693. Subdiv. (4) cited. 233 C. 527, 528, 530. Subdiv. (2) cited. Id., 552, 554. Cited. 235 C. 502, 517. Cited. 242 C. 345. Subdiv. (2): Although lack of consent is not specifically enumerated as element of larceny in the first degree, donative victim's inability to consent to a taking is a factor properly considered in the context of a traditional understanding of larceny statute. 256 C. 135.

      Subdiv. (2) cited. 3 CA 359, 360, 365. Subdiv. (3) cited. Id., 633, 634. Subdiv. (2) cited. 4 CA 251. Subdiv. (2) cited. 5 CA 129-131. Subdiv. (2) cited. 7 CA 292. Subdiv. (2) cited. Id., 326, 331-333. Subdiv. (4) cited. Id., 326, 328, 331- 333. Subdiv. (2) cited. Id., 445, 446. Subdiv. (3) cited. 8 CA 125, 141. Subdiv. (2) cited. Id., 376, 377. Subdiv. (2) cited. 9 CA 121, 122. Cited. Id., 313, 319. Subdiv. (2) cited. Id., 365. Subdiv. (2) cited. 10 CA 447, 448, 451. Subdiv. (2) cited. 11 CA 684, 685, 689. Subdiv. (2) cited. 13 CA 576, 577. Subdiv. (2) cited. 15 CA 416, 417. Subdiv. (3) cited. Id. Subdiv. (2) cited. 16 CA 402, 403. Subdiv. (3) cited. Id. Subdiv. (2) cited. 17 CA 50, 51. Subdiv. (1) cited. Id., 359, 360. Subdiv. (4) cited. Id., 486, 487. Subdiv. (2) cited. 20 CA 354, 355. Subdiv. (2) cited. Id., 665, 666. Subdiv. (1) cited. 21 CA 386, 387. Subdiv. (1) cited. 22 CA 449, 450. Subdiv. (2) cited. 24 CA 502, 503. Subdiv. (3) cited. 25 CA 149, 150; Id., 181, 182; 26 CA 279, 280. Cited. 28 CA 306-308. Subdiv. (2) cited. Id., 306, 308. Subdiv. (2) cited. Id., 521, 522, 525-527, 530. Subdiv. (4) cited. Id., 521, 522, 525, 527, 530. Subdiv. (3) cited. 29 CA 394, 396. Subdiv. (2) cited. 30 CA 190, 191. Subdiv. (2) cited. 31 CA 614, 617. Subdiv. (2) cited. 33 CA 368, 369. Subdiv. (4) cited. 34 CA 694, 695, 699, 701, 702. Cited. Id., 751, 753; judgment reversed, see 233 C. 211 et seq. Subdiv. (2) cited. Id., 751, 753, 758; judgment reversed, see 233 C. 211 et seq. Subdiv. (2) cited. 35 CA 566-568. Subdiv. (1) cited. Id., 740, 742. Subdiv. (2) cited. 36 CA 774, 775. Subdiv. (2) cited. 37 CA 40-42, 51. Subdiv. (3) cited. Id., 589, 594. Subdiv. (3) cited. Id., 619, 621. Cited. 38 CA 481, 482. Subdiv. (2) cited. Id., 643, 645, 653. Subdiv. (3) cited. 39 CA 96, 97, 103. Subdiv. (2) cited. 41 CA 695, 696. Subdiv. (2) cited. 43 CA 499. Subdiv. (4) cited. 44 CA 187. Subdiv. (3) cited. Id., 476. Cited. 45 CA 455. Subdiv. (2) cited. 47 CA 1. Defendant's claim that evidence was insufficient to support his conviction of larceny in the first degree was unavailing; the evidence, when construed in the light most favorable to sustaining verdict, was sufficient to support jury's finding that value of victim's car exceeded $10,000, as required by statute, and it was not improper for trial court to permit victim to testify as to his opinion of car's value at time of the crime. 81 CA 377.

      Subsec. (b):

      Cited. 182 C. 52, 62.

      Sec. 53a-123. Larceny in the second degree: Class C felony. (a) A person is guilty of larceny in the second degree when he commits larceny, as defined in section 53a-119, and: (1) The property consists of a motor vehicle, the value of which exceeds five thousand dollars, (2) the value of the property or service exceeds five thousand dollars, (3) the property, regardless of its nature or value, is taken from the person of another, (4) the property is obtained by defrauding a public community, and the value of such property is two thousand dollars or less, or (5) the property, regardless of its nature or value, is obtained by embezzlement, false pretenses or false promise and the victim of such larceny is sixty years of age or older or is blind or physically disabled, as defined in section 1-1f.

      (b) For purposes of this section, "motor vehicle" means any motor vehicle, construction equipment, agricultural tractor or farm implement or major component part of any of the above. In any prosecution under subdivision (1) of subsection (a) of this section, evidence of (1) forcible entry, (2) forcible removal of ignition, or (3) alteration, mutilation or removal of a vehicle identification number shall be prima facie evidence (A) that the person in control or possession of such motor vehicle knows or should have known that such motor vehicle is stolen, and (B) that such person possesses such motor vehicle with larcenous intent.

      (c) Larceny in the second degree is a class C felony.

      (1969, P.A. 828, S. 125; 1971, P.A. 871, S. 26; P.A. 73-639, S. 8; P.A. 81-248, S. 2; 81-263, S. 2; 81-351, S. 4; 81-472, S. 152, 159; P.A. 82-271, S. 2; P.A. 86-275, S. 2; P.A. 97-180; P.A. 00-103, S. 2.)

      History: 1971 act applied second degree larceny to cases where property is a motor vehicle and made second degree larceny a Class D felony rather than a Class A misdemeanor; P.A. 73-639 specified that taking property, regardless of its nature or value, from another's person is second degree larceny; P.A. 81-248 amended Subsec. (a) to clarify the proscribed conduct; P.A. 81-263 added Subdiv. (4) in Subsec. (a) re property obtained by defrauding a public community where the value of the property is less than two thousand dollars; P.A. 81-351 amended the definition of larceny of a motor vehicle to that with a value of two thousand dollars or less, inserted new Subsec. (b) enumerating conditions constituting prima facie evidence of a larcenous intent in regard to motor vehicles and relettered former Subsec. (b) accordingly; P.A. 81-472 made technical corrections; P.A. 82-271 amended Subdiv. (2) of Subsec. (a) by increasing from five hundred dollars to five thousand dollars the value of the property or service obtained and amended Subsec. (c) by changing the classification from a class D to a class C felony; P.A. 86-275 amended Subdiv. (1) of Subsec. (a) to increase the value of a motor vehicle subject to the section from two thousand dollars or less to a value which exceeds five thousand dollars; P.A. 97-180 amended Subsec. (a) to add Subdiv. (5) re property obtained by embezzlement, false pretenses or false promise from an aged, blind or disabled victim; P.A. 00-103 made technical changes in Subsecs. (a) and (b) and amended Subsec. (b) by defining "motor vehicle" and by adding provisions re prima facie evidence of knowledge that vehicle is stolen and possession of vehicle with larcenous intent.

      Cited. 173 C. 545. Cited. 182 C. 176, 177. Cited. 183 C. 386, 387. Cited. 188 C. 542, 543. Cited. 190 C. 559, 560. Cited. 194 C. 438, 439. Cited. Id., C. 650, 651. Cited. 196 C. 305, 306. Cited. Id., 567, 568. Cited. 197 C. 166, 172. Cited. Id., 201, 203. Cited. Id., 247, 262. Cited. Id., 309. Cited. 198 C. 1, 2, 20. Cited. 199 C. 30, 31. Cited. Id., 308, 309. Cited. Id., 462, 464. Cited. 200 C. 113, 120. Cited. 202 C. 615, 617. Cited. 203 C. 484, 486. Cited. 209 C. 23, 27. Cited. 213 C. 233, 234. Cited. Id., 233, 236. Cited. 216 C. 273, 274. Cited. 235 C. 679, 683. Cited. 241 C. 439.

      Cited. 2 CA 537, 538. Cited. 5 CA 113, 114. Cited. 7 CA 326, 336. Cited. 8 CA 125, 141, 142. Cited. Id., 478, 481, 484, 487, 488. Cited. 9 CA 349, 350. Cited. 13 CA 420, 431. Cited. Id., 576. Cited. Id., 596, 597. Secs. 53a-122-53a-125b cited. 14 CA 272, 278. Cited. Id., 472, 474. Cited. 16 CA 433, 435. Cited. 17 CA 460, 461. Cited. 19 CA 495, 497. Cited. 20 CA 271, 272. Cited. Id., 369, 370. Cited. 21 CA 248, 249. Cited. 29 CA 843, 860. Cited. 35 CA 566, 568. Cited. Id., 714, 717. Cited. 39 CA 810, 811. Cited. 44 CA 187. Cited. Id., 294. Cited. 46 CA 691.

      Requisites for accepting plea of guilty. 31 CS 501. Cited. 32 CS 650. Cited. 35 CS 531, 535. Cited. 38 CS 549.

      Subsec. (a):

      Subdiv. (2) cited. 169 C. 247, 249. Cited. 174 C. 129, 130. Subdiv. (3) cited. Id., 129, 130, 133. Subdiv. (1) cited. 178 C. 427, 429; id., 689, 690. Subdiv. (2) cited. 181 C. 299, 300. Subdiv. (1) cited. 182 C. 476, 477; 186 C. 426, 427. Subdiv. (2) cited. 187 C. 264, 265, 271; 188 C. 325, 326; id., 671, 675, 676; 190 C. 191, 192, 199, 200; 191 C. 180, 181, 188. Subdiv. (1) cited. 195 C. 421-423. Subdiv. (2) cited. 196 C. 36, 37. Subdiv. (1) cited. Id., 36-38. Subdiv. (1) cited. Id., 115, 116. Subdiv. (2) cited. 198 C. 203. Subdiv. (1) cited. Id., 490, 491. Subdiv. (2) cited. Id. Subdiv. (2) cited. 199 C. 308, 312. Subdiv. (2) cited. 200 C. 9, 10. Subdiv. (2) cited. Id., 113, 114, 116. Subdiv. (1) cited. 201 C. 462, 468. Subdiv. (2) cited. 206 C. 657, 659. Cited. 207 C. 118, 120. Subdiv. (1) cited. 208 C. 365, 366. Subdiv. (1) cited. 210 C. 652, 654. Subdiv. (3) cited. 211 C. 101-103, 114, 115. Subdiv. (2) cited. 212 C. 223, 225, 237. Subdiv. (4) cited. 213 C. 233, 234, 236, 243. Subdiv. (1) cited. Id., 422, 424. Subdiv. (1) cited. 215 C. 716, 719. Subdiv. (3) cited. 219 C. 160, 161; 220 C. 487, 489. Subdiv. (3) cited. 223 C. 243, 248. Subdiv. (1) cited. 232 C. 455, 458. Subdiv. (2) cited. 233 C. 552, 554. Subdiv. (3) cited. 235 C. 67, 69. Subdiv. (1) cited. 238 C. 784. Cited. 239 C. 235. Subdiv. (3) cited. 240 C. 317. Subdiv. (3): Rational basis exists for legislature to classify larceny from the person as a more serious offense than simple robbery and therefore the classification did not violate defendant's right to equal protection of the laws. 246 C. 132. For defendant to be found guilty of larceny in the third degree, state must prove that defendant committed larceny by defrauding a public community. 252 C. 229.

      Subdiv. (2) cited. 1 CA 270. Subdiv. (3) cited. Id., 378, 379. Subdiv. (3): Larceny from the person requires an actual trespass to the person of the victim and therefore taking a radio which was in the vicinity of the victim, but not on the victim's person, did not constitute larceny under this section. 1 CA 642-644. Subdiv. (3) cited. 3 CA 126. Cited. 8 CA 125, 141. Subdiv. (1) cited. Id., 125, 126, 139. Subdiv. (2) cited. Id., 478, 481, 485, 488. Subdiv. (1) cited. Id., 478, 488. Subdiv. (3) cited. Id. Subdiv. (4) cited. Id. Subdiv. (3) cited. Id., 491, 493. Subdiv. (3) cited. 11 CA 102, 103, 120. Subdiv. (3) cited. 12 CA 239, 240. Subdiv. (1) cited. Id., 408-410. Subdiv. (3) cited. Id., 685. Subdiv. (1) cited. 13 CA 12. Subdiv. 92) cited. Id., 554-556. Subdiv. (3) cited. Id., 596, 601, 603. Subdiv. (1) cited. 14 CA 169, 170. Subdiv. (4) cited. Id., 272, 273, 275. Subdiv. (3) cited. Id., 472-474, 476, 477. Cited. Id., 493, 503. Subdiv. (3) cited. 20 CA 513, 514. Subdiv. (2) cited. 24 CA 697, 698. Subdiv. (1) cited. 26 CA 52, 54. Subdiv. (3) cited. Id., 114, 116. Subdiv. (1) cited. Id., 279, 280. Subdiv. (2) cited. 28 CA 306-308. Subdiv. (2) cited. 30 CA 606, 607. Subdiv. (3) cited. 31 CA 47, 48, 51, 56-58. Subdiv. (2) cited. Id., 94, 103. Subdiv. (3) cited. Id., 312, 314. Subdiv. (3) cited. 32 CA 21, 23. Subdiv. (3) cited. 33 CA 468-470, 485, 487, 489. Subdiv. (2) cited. 34 CA 250, 251. Subdiv. (3) cited. Id., 610, 611. Subdiv. (4) cited. Id., 699, 701. Subdiv. (3) cited. 35 CA 740, 743. Subdiv. (2) cited. 38 CA 643, 650, 651. Cited. 39 CA 579, 580. Subdiv. (3) cited. Id., 579, 593. Subdiv. (1) cited. Id., 840, 841. Subdiv. (3) cited. Id. Subdiv. (1) cited. 40 CA 21, 22. Subdiv. (3) cited. 41 CA 391, 393. Subdiv. (3) cited. Id., 584, 585. Subdiv. (1) cited. Id., 817, 818. Subdiv. (3) cited. Id. Subdiv. (3) cited. 42 CA 810. Subdiv. (2) cited. 46 CA 414. Cited. Id., 616. Subdiv. (3) cited. Id. Court found that money was "taken from the person of the victim" in case in which victim was tricked into turning over her money to defendant. 56 CA 428.

      Subdiv. (1) cited. 36 CS 603, 604. Subdiv. (2) cited. Id., 603, 604; 37 CS 527, 528.

      Sec. 53a-124. Larceny in the third degree: Class D felony. (a) A person is guilty of larceny in the third degree when he commits larceny, as defined in section 53a-119, and: (1) The property consists of a motor vehicle, the value of which is five thousand dollars or less; (2) the value of the property or service exceeds one thousand dollars; (3) the property consists of a public record, writing or instrument kept, held or deposited according to law with or in the keeping of any public office or public servant; or (4) the property consists of a sample, culture, microorganism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects or records a secret scientific or technical process, invention or formula or any phase or part thereof. A process, invention or formula is "secret" when it is not, and is not intended to be, available to anyone other than the owner thereof or selected persons having access thereto for limited purposes with his consent, and when it accords or may accord the owner an advantage over competitors or other persons who do not have knowledge or the benefit thereof.

      (b) For purposes of this section, "motor vehicle" means any motor vehicle, construction equipment, agricultural tractor or farm implement or major component part of any of the above. In any prosecution under subdivision (1) of subsection (a) of this section, evidence of (1) forcible entry, (2) forcible removal of ignition, or (3) alteration, mutilation or removal of a vehicle identification number shall be prima facie evidence (A) that the person in control or possession of such motor vehicle knows or should have known that such motor vehicle is stolen, and (B) that such person possesses such motor vehicle with larcenous intent.

      (c) Larceny in the third degree is a class D felony.

      (1969, P.A. 828, S. 126; 1971, P.A. 871, S. 27; P.A. 73-639, S. 9; P.A. 81-248, S. 3; P.A. 82-271, S. 3; P.A. 88-170; P.A. 92-260, S. 52; P.A. 00-103, S. 3.)

      History: 1971 act deleted former Subdiv. (5) in Subsec. (a) which classified obtaining property or service, regardless of its nature or value, by extortion as third degree larceny; P.A. 73-639 deleted former Subdiv. (4) in Subsec. (a) which classified taking property from the person of another, regardless of its nature or value, as third degree larceny; P.A. 81-248 amended Subsec. (a) to clarify the proscribed conduct; P.A. 82-271 amended Subdiv. (1) of Subsec. (a) by increasing from fifty dollars to one thousand dollars the value of the property or service obtained and amended Subsec. (c) by changing the classification from a class B misdemeanor to a class D felony; P.A. 88-170 amended Subsec. (a) by adding property consisting of a motor vehicle, the value of which is five thousand dollars or less and inserted new Subsec. (b) stating that in any prosecution under Subdiv. (1) of Subsec. (a), evidence of forcible entry, forcible removal of ignition or alternation, mutilation or removal of vehicle identification number shall be prima facie evidence of larcenous intent, relettering former Subsec. (b) as (c); P.A. 92-260 made technical changes in Subsec. (a); P.A. 00-103 made technical changes in Subsecs. (a) and (b) and amended Subsec. (b) by defining "motor vehicle" and by adding provisions re prima facie evidence of knowledge that vehicle is stolen and possession of vehicle with larcenous intent.

      See Sec. 53a-212 re stealing a firearm.

      Cited. 184 C. 95, 96; id., 258, 260; id., 434, 438. Cited. 185 C. 260, 261, 267. Cited. 187 C. 292, 293; id., 444, 447. Cited. 189 C. 364. Cited. 190 C. 715, 717. Cited. 191 C. 180, 192. Cited. 194 C. 198, 204. Cited. Id., 233, 234. Cited. Id., 623, 624. Cited. 197 C. 247, 262. Cited. 200 C. 586, 587. Cited. 207 C. 109, 110. Cited. 213 C. 233, 236. Cited. 232 C. 431, 439; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. 241 C. 439.

      Cited. 3 CA 503. Cited. 7 CA 326, 336. Cited. 8 CA 13, 14, 21. Cited. Id., 342, 343. Cited. Id., 478, 480, 485, 487, 490. Cited. Id., 667, 672, 672D. Cited. 9 CA 141, 142, 144. Cited. 10 CA 258, 259. Cited. 12 CA 196, 197. Cited. 14 CA 159, 160. Secs. 53a-122-53a-125b cited. Id., 272, 278. Cited. 18 CA 368, 369. Cited. 19 CA 48, 50. Cited. 20 CA 810. Cited. 23 CA 201, 202. Cited. 25 CA 298, 307. Cited. 29 CA 843, 860. Cited. 32 CA 476, 477. Cited. 33 CA 339, 351; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. Id., 368, 369. Cited. 38 CA 643, 644, 651. Cited. 41 CA 751-753. Cited. 46 CA 691.

      Cited. 36 CS 578, 581; id., 583; id., 603, 604. Cited. 37 CS 678, 679; id., 796, 797, 802. Cited. 184 C. 95, 96; id., 258, 260; id., 434, 438. Cited. 185 C. 260, 261, 267. Cited. 187 C. 292, 293; id., 444, 447. Cited. 189 C. 364. Cited. 190 C. 715, 717. Cited. 191 C. 180, 192.

      Subsec. (a):

      Cited. 239 C. 235.

      Cited. 38 CA 643, 651. Cited. 39 CA 579, 581. Cited. 46 CA 269.

      Subsec. (a)(1):

      Cited. 176 C. 239, 242. Cited. 178 C. 287, 288. Cited. 179 C. 576, 578. Cited. 182 C. 397, 400. Cited. 186 C. 222, 224. Cited. 189 C. 461, 462. Cited. 190 C. 104, 105. Cited. 195 C. 567, 569. Subdiv. (1) cited. 199 C. 88, 89. Cited. 214 C. 132, 133. Cited. 221 C. 685, 687. Cited. 230 C. 351, 354.

      Cited. 6 CA 697, 698. Cited. 8 CA 478, 488. Cited. 10 CA 486, 493. Cited. 12 CA 1, 3. Cited. 14 CA 256. Cited. 15 CA 122, 123. Cited. 19 CA 521, 522. Cited. 21 CA 431, 432. Cited. 26 CA 279, 280. Cited. 37 CA 219. Cited. Id., 482, 483. Cited. 38 CA 643, 647, 648, 650-652. Cited. 41 CA 695, 696. Cited. 43 CA 613.

      Subsec. (a)(2):

      Cited. 232 C. 433; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. Id., 740, 742. Cited. 235 C. 502, 504, 505, 514, 515. Cited. 241 C. 702.

      Cited. 24 CA 697, 698. Cited. 25 CA 298, 300. Cited. 28 CA 306, 308. Cited. 33 CA 339, 340; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. Id., 603, 604, 608. Cited. 38 CA 643, 645, 647, 648, 650-652. Cited. 39 CA 579, 593. Cited. 46 CA 269.

      Former subsec. (a)(4):

      Cited. 169 C. 161.

      Cited. 33 CS 669. Cited. Id., 706. Cited. 34 CS 603. Cited. Id., 656.

      Sec. 53a-125. Larceny in the fourth degree: Class A misdemeanor. (a) A person is guilty of larceny in the fourth degree when he commits larceny as defined in section 53a-119 and the value of the property or service exceeds five hundred dollars.

      (b) Larceny in the fourth degree is a class A misdemeanor.

      (1969, P.A. 828, S. 127; P.A. 81-248, S. 4; P.A. 82-271, S. 4.)

      History: P.A. 81-248 amended Subsec. (a) to clarify the proscribed conduct; P.A. 82-271 amended Subsec. (a) by increasing the value of the property or service obtained from fifty dollars or less to in excess of five hundred dollars and amended Subsec. (b) by changing the classification from a class C to a class A misdemeanor.

      Cited. 172 C. 571. Cited. 176 C. 239, 242. Cited. 178 C. 416, 421. Cited. 179 C. 576, 587. Cited 181 C. 388, 396-399. Cited. 182 C. 242, 244. Cited. 194 C. 198, 199. Cited. 197 C. 247, 262. Cited. Id., 396, 406. Cited. 202 C. 443, 445. Cited. 209 C. 34, 38. Cited. 213 C. 233, 236. Cited. 218 C. 273, 275. Cited. 232 C. 431, 439; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. 241 C. 439.

      Cited. 4 CA 514, 515. Cited. 5 CA 612, 613. Cited. 7 CA 326, 336. Cited. 9 CA 133, 134. Cited. 12 CA 1, 19. Cited. 14 CA 119, 120. Secs. 53a-122-53a-125b cited. Id., 272, 278. Cited. Id., 526, 527. Cited. 15 CA 641, 642, 644. Cited. 20 CA 586, 587. Cited. 22 CA 440, 441. Cited. 26 CA 33, 34. Cited. 29 CA 843, 860. Cited. 33 CA 339, 355; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. 35 CA 405, 406. Cited. 38 CA 20, 22. It is possible for defendant to be convicted of larceny for taking property he owns and for depriving bailee of its superior right of possession and the amount of bailee's lien interest in the motor vehicle; but the value of the theft is limited by amount of bailee's lien as secured by the property itself. 59 CA 135.

      Cited. 34 CS 612. Cited. 35 CS 531, 536. Cited. 36 CS 603, 605, 607. Cited. 37 CS 755, 756; id., 853. Cited. 38 CS 593, 594. Cited. 39 CS 363, 364; id., 392.

      Subsec. (a):

      Cited. 176 C. 239, 242. Cited. 232 C. 431, 434; judgment superseded by en banc reconsideration, see 235 C. 502 et seq. Cited. 235 C. 502, 504, 515.

      Cited. 3 CA 359, 365. Cited. 6 CA 164, 165. Cited. 7 CA 1, 2. Cited. 11 CA 805. Cited. 14 CA 119, 125. Cited. 31 CA 312, 314. Cited. 33 CA 339, 355, 356; judgment reversed in part, see 232 C. 431 et seq.; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502 et seq. Cited. 38 CA 20, 22. Cited. Id., 643, 645.

      Sec. 53a-125a. Larceny in the fifth degree: Class B misdemeanor. (a) A person is guilty of larceny in the fifth degree when he commits larceny as defined in section 53a-119 and the value of the property or service exceeds two hundred fifty dollars.

      (b) Larceny in the fifth degree is a class B misdemeanor.

      (P.A. 82-271, S. 5.)

      Cited. 201 C. 125, 126. Cited. 203 C. 682, 686. Cited. 210 C. 435, 438. Cited. 213 C. 233, 236. Cited. 241 C. 439.

      Cited. 14 CA 205, 207. Secs. 53a-122-53a-125b cited. Id., 272, 278. Cited. 15 CA 197, 198. Cited. 19 CA 48, 50, 53. Cited. 21 CA 331-333. Cited. 24 CA 556, 557, 559. Cited. Id., 563, 567. Cited. 25 CA 298, 304. Cited. 29 CA 843, 860. Cited. 37 CA 228, 229. Cited. 46 CA 118. Defendant may be convicted of larceny in the fifth degree by illegal use of a credit card. 75 CA 756.

      Subsec. (a):

      Cited. 231 C. 411, 412.

      Cited. 7 CA 75, 76. Cited. 30 CA 571, 572; judgment reversed, see 231 C. 411 et seq. Cited. 38 CA 277, 279.

      Sec. 53a-125b. Larceny in the sixth degree: Class C misdemeanor. (a) A person is guilty of larceny in the sixth degree when he commits larceny as defined in section 53a-119 and the value of the property or service is two hundred fifty dollars or less.

      (b) Larceny in the sixth degree is a class C misdemeanor.

      (P.A. 82-271, S. 6.)

      Cited. 201 C. 559, 560. Cited. 202 C. 369, 371. Cited. 203 C. 682, 686. Cited. 208 C. 387, 388. Cited. 210 C. 435, 438. Cited. 212 C. 50, 52. Cited. 213 C. 233, 236. Cited. 237 C. 613. Cited. 241 C. 439.

      Cited. 3 CA 132, 133. Cited. 4 CA 676, 677. Cited. 5 CA 599, 600, 604. Cited. 10 CA 130, 131. Cited. Id., 503, 504. Cited. 13 CA 214, 215. Cited. Id., 438, 440. Cited. Id., 578, 579. Cited. 14 CA 88, 90, 91. Cited. Id., 205, 207. Cited. Id., 272, 278. Cited. Id., 309, 310. Cited. 15 CA 197, 198. Cited. 17 CA 273, 274. Cited. 19 CA 48, 50, 51, 60. Cited. 23 CA 123, 125. Cited. 28 CA 195, 196. Cited. 29 CA 843, 860. Cited. 33 CA 432, 434. Cited. 37 CA 228, 229, 231. Cited. 39 CA 384, 386. Cited. 44 CA 125. Cited. 46 CA 778.

      Subsec. (a):

      Cited. 214 C. 161, 163.

      Cited. 24 CA 502, 503. Cited. 28 CA 469. Cited. 37 CA 228, 229. Cited. Id., 482, 488. Cited. 38 CA 643, 647. Cited. 39 CA 384, 386. Cited. 45 CA 6.

      Sec. 53a-126. Larceny by receiving stolen property. Section 53a-126 is repealed.

      (1969, P.A. 828, S. 128; 1971, P.A. 871, S. 129.)

      See Sec. 53a-119 (8) re receipt of stolen property.

      Sec. 53a-126a. Criminal trover in the first degree: Class D felony, first offense; Class C felony, subsequent offense. (a) A person is guilty of criminal trover in the first degree when he forcibly enters or forcibly removes the ignition of the motor vehicle of another and uses the motor vehicle without the consent of such owner, and such use results in damage to or diminishes the value of such motor vehicle or subjects such owner to economic loss, fine or other penalty.

      (b) Criminal trover in the first degree is a class D felony for a first offense and a class C felony for each subsequent offense.

      (P.A. 94-114, S. 1.)

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

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

      (P.A. 94-114, S. 2.)

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

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

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

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

      Subsec. (a):

      Cited. 194 C. 223.

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

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

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

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

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

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

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

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

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

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

      Sec. 53a-127c. Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain: Class D felony. (a) A person is guilty of theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain when he: (1) Engages in the business for profit or economic gain of tampering or making connection with the equipment of a supplier of an electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service which is not metered or otherwise measured, in whole or in part, without the consent of such supplier, for the purpose of supplying such service on one or more occasions to two or more households, or (2) engages in the business for profit or economic gain of offering for sale to any person other than the supplier of an electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service which is not metered or otherwise measured, in whole or in part, any decoder, descrambler or other device, the principal function of which defeats the electronic signal encryption jamming or individually addressed switching imposed by such supplier for the purpose of restricting the delivery of such service to persons who pay for such service, or (3) without the consent of the supplier of such service and with intent to defraud such supplier, engages in the business for profit or economic gain of connecting or disconnecting the meters, pipes, cables, conduits, conductors or attachments of such supplier or in any other manner tampers or connects with such meters, pipes, cables, conduits, conductors or attachments. There shall be a rebuttable presumption that a person is engaged in the business for profit or economic gain of offering for sale a decoder, descrambler or other device, equipment or component in violation of subdivision (2) of this subsection if such person has five or more decoders, descramblers or other devices in his possession or under his control.

      (b) Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain is a class D felony.

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

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

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

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

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

      (P.A. 98-193, S. 1.)

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

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

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

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

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

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

      (P.A. 00-9.)

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

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

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

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

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

      Cited. 202 C. 443, 444.

      Cited. 20 CA 811.

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

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

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

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

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

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

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

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

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

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

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

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

      Subsec. (b):

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

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

      (1971, P.A. 871, S. 30.)

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

      (b) Any person who receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession, custody or control thereof with intent to use it or to sell it or to transfer it to any person other than the issuer or the cardholder, is guilty of credit card theft and is subject to the penalties set forth in subsection (a) of section 53a-128i.

      (c) Any person other than the issuer who sells a credit card or any person who buys a credit card from a person other than the issuer violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i.

      (d) Any person who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, obtains control over a credit card as security for debt violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i.

      (e) Any person, other than the issuer, who, during any twelve-month period, receives credit cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of section 53a-128b or subsection (c) or (d) of this section violates this subsection and is subject to the penalties set forth in subsection (b) of section 53a-128i.

      (f) Any person who, with intent to defraud a purported issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, falsely makes or falsely embosses a purported credit card or utters such a credit card is guilty of credit card forgery and is subject to the penalties set forth in subsection (b) of section 53a-128i. A person "falsely makes" a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or when such person so alters a credit card which was validly issued. A person "falsely embosses" a credit card when, without the authorization of the named issuer, he completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.

      (g) Any person other than the cardholder or any person authorized by him who, with intent to defraud the issuer, a participating party, or a person providing money, goods, services or anything else of value, or any other person, signs a credit card, violates this subsection and is subject to the penalties set forth in subsection (a) of section 53a-128i.

      (1971, P.A. 871, S. 31.)

      Subsec. (b):

      Cited. 37 CS 527, 528.

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

      (1971, P.A. 871, S. 32.)

      Cited. 204 C. 441, 444.

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

      Subdiv. (2):

      Cited. 37 CS 527, 528.

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

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

      (1971, P.A. 871, S. 33.)

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

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

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

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

      (1971, P.A. 871, S. 35.)

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

      (1971, P.A. 871, S. 36.)

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

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

      (1971, P.A. 871, S. 37.)

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

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

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

      (1969, P.A. 828, S. 131.)

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

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

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

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

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

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

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

      (P.A. 03-156, S. 2.)

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

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

      (P.A. 03-156, S. 3.)

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

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

      (P.A. 03-156, S. 4.)

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

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

      (P.A. 03-156, S. 5.)

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

      (b) Criminal impersonation is a class B misdemeanor.

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

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

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

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

      Subsec. (a):

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

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

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

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

      (P.A. 97-123, S. 2.)

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

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

      (1969, P.A. 828, S. 133.)

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

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

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

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

      Annotations to former section 53-364:

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

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

      (1969, P.A. 828, S. 135.)

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

      Annotation to former section 53-28:

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

      Annotations to former section 53-67:

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

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

      Annotations to present section:

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

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

      Subdiv. (1):

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

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

      Subdiv. (2):

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

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

      Cited. 41 CS 525, 533.

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

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

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

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

      See also annotations to Part V.

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

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

      Subsec. (a):

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

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

      Subsec. (b):

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

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

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

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

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

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

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

      Subsec. (a):

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

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

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

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

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

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

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

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

      Subsec. (a):

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

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

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

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

      (P.A. 93-204.)

      Cited. 46 CA 691.

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

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

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

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

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

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

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

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

      (1969, P.A. 828, S. 139.)

      Cited. 235 C. 502, 504.

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

      Cited. 34 CS 606, 610.

      Subsec. (1):

      Cited. 37 CA 72, 79.

      Subsec. (2):

      Cited. 207 C. 555, 561, 563.

      Cited. 34 CS 606, 611.

      Subsec. (3):

      Cited. 207 C. 555, 561.

      Subsec. (4):

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

      Subsec. (5):

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

      Subsec. (7):

      Cited. 34 CS 606, 611.

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

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

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

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

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

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

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

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

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

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

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

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

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

      Cited. 34 CS 606, 610.

      Subsec. (a):

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

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

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

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

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

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

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

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

      Subsec. (a):

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

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

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

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

      (b) Criminal simulation is a class A misdemeanor.

      (1969, P.A. 828, S. 143.)

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

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

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

      (1969, P.A. 828, S. 144.)

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

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

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

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

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

      (1969, P.A. 828, S. 145.)

      Cited. 11 CA 161, 166.

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

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

      (1969, P.A. 828, S. 146.)

      Cited. 11 CA 161, 166.

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

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

      (1969, P.A. 828, S. 147.)

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

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

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

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

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

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

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

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

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

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

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

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

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

      Cited. 200 C. 664, 668.

      Cited. 2 CA 204, 209.

      Subsec. (3):

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

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

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

      (b) Bribery is a class C felony.

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

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

      Offense of offering gratuity requires element of proof, specific intent, which is not needed to prove greater offense of bribery. 172 C. 458, 467. It is no defense for crime of bribery that police officer had no authority to take action desired by bribe given. Id., 458, 468. Covers crime of bribery in broad terms and is not limited to administration of justice and attempts to influence legislation. Id. Cited., 458, 460, 465-469. Sec. 29-9 is not lesser included offense to this charge, and acceptance of guilty plea to said section was nullity. Id., 608.

      Cited. 1 CA 524. Cited. 5 CA 125, 129. Cited. 9 CA 15, 16. Cited. 14 CA 322, 329. Cited. 21 CA 386, 387.

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

      (b) Bribe receiving is a class C felony.

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

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

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

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

      Subsec. (a):

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

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

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

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

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

      Subsec. (a):

      Cited. 192 C. 98, 99.

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

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

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

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

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

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

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

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

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

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

      Cited. 1 CA 647. Cited. 12 CA 74, 75, 82. Cited. 26 CA 758, 759. Cited. 30 CA 95, 96; judgment reversed, see 228 C. 147 et seq. Cited. 33 CA 143, 144, 149. Cited. 46 CA 741. Defendant's claim that statute is so vague and indefinite that it violates the due process clause of article first, Sec. 8 of the state constitution and the fourteenth amendment to the U.S. Constitution because it did not clearly define his conduct-telephoning victim despite police warnings not to contact her and instructing her to tell police that "nothing ever happened"-is without merit; language of statute plainly warns potential perpetrators that statute applies to any conduct that is intended to prompt witness to testify falsely or to refrain from testifying in an official proceeding that the perpetrator believes to be pending or imminent; legislature's unqualified use of word "induce" clearly informs persons of ordinary intelligence that any conduct, physical or verbal, can potentially give rise to criminal liability. 74 CA 473. Supreme Court made clear that liability under section hinges on mental state of the perpetrator in engaging in the conduct at issue, not on whether he must overcome by coercive means the will of a witness reluctant to do so. 83 CA 672. As interpreted in our case law, section provides fair warning of the conduct that it prohibits. Id.

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

      Subsec. (a):

      Cited. 230 C. 686, 688.

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

      Subsec. (b):

      Cited. 200 C. 664, 674.

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

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

      (P.A. 99-240, S. 1.)

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

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

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

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

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

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

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

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

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

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

      (1969, P.A. 828, S. 156.)

      Subsec. (a):

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

      Cited. 38 CS 464, 465.

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

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

      (1969, P.A. 828, S. 157.)

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

      Subsec. (a):

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

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

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

      (b) Perjury is a class D felony.

      (1969, P.A. 828, S. 158.)

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

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

      Subsec. (a):

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

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

      Subsec. (b):

      Cited. 9 CA 686, 728.

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

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

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

      (P.A. 93-392, S. 7.)

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

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

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

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

      Annotations to former section 53a-157:

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

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

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

      Subsec. (a):

      Cited. 233 C. 527, 529.

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

      Cited. 38 CS 695-697, 700.

      Subsec. (b):

      Cited. 9 CA 686, 727.

      Annotations to present section:

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

      Subsec. (a):

      Cited. 233 C. 527, 529.

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

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

      (1969, P.A. 828, S. 160.)

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

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

      (1969, P.A. 828, S. 161.)

      Cited. 229 C. 479, 283.

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

      (b) Commercial bribery is a class D felony.

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

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

      Cited. 14 CA 236, 241.

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

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

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

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

      Cited. 229 C. 479, 483.

      Subsec. (a):

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

      Subsec. (b):

      Cited. 20 CA 386, 392.

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

      (P.A. 80-454, S. 1.)

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

      (P.A. 80-454, S. 2.)

      Cited. 14 CA 322, 328, 330.

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

      (b) Receiving kickbacks is a class D felony.

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

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

      Cited. 229 C. 479, 482, 483.

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

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

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

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

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

      (b) Rigging is a class D felony.

      (1969, P.A. 828, S. 164.)

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

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

      (1969, P.A. 828, S. 165.)

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

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

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

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

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

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

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

      Cited. 223 C. 595, 604.

      Subdiv. (4):

      Cited. 205 C. 17, 18.

      Subdiv. (5):

      Cited. 7 CA 470, 471, 476.

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

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

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

      (P.A. 02-97, S. 3.)

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

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

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

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

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

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

      Cited. 38 CS 521, 523.

      Subsec. (a):

      Cited. 28 CA 721, 722, 733.

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

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

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

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

      Cited. 205 C. 17, 18.

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

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

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

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

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

      Annotation to former section 53-165:

      Cited. 168 C. 395.

      Annotations to present section:

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

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

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

      Subsec. (a):

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

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

      Cited. 39 CS 347, 354.

      Subsec. (c):

      Cited. 13 CA 667, 668.

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

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

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

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

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

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

      Subsec. (a):

      Cited. 22 CA 683, 684.

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

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

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

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

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

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

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

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

      Subsec. (a):

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

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

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

      Subsec. (b):

      Cited. 231 C. 545, 557.

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

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

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

      (P.A. 01-25.)

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

      (1) "Correctional institution" means the facilities defined in section 1-1 and any other correctional facility established by the Commissioner of Correction.

      (2) "Custody" means restraint by a public servant pursuant to an arrest or court order other than a Probate Court order directed against a person who is not in the custody of the Commissioner of Correction when such order is issued.

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

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

      Cited. 240 C. 97.

      Cited. 37 CA 276, 284.

      Subdiv. (2):

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

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

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

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

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

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

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

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

      Cited. 35 CS 544, 547.

      Subsec. (a):

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

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

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

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

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

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

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

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

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

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

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

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

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

      Subsec. (a):

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

      Subsec. (b):

      Cited. 173 C. 35, 36, 49.

      Cited. 37 CA 276, 285, 286.

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

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

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

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

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

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

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

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

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

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

      Subsec. (a):

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

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

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

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

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

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

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

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

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

      Subsec. (a):

      Cited. 38 CA 85, 86.

      Sec. 53a-174. Unauthorized conveyance of items into correctional or humane institution or to inmate: Class D felony. Unauthorized conveyance of letter into or from, or use of false name to enter, correctional institution: Class A misdemeanor. (a) Any person not authorized by law who conveys or passes, or causes to be conveyed or passed, into any correctional or humane institution or the grounds or buildings thereof, or to any inmate of such an institution who is outside the premises thereof and known to the person so conveying or passing or causing such conveying or passing to be such an inmate, any controlled drug, as defined in section 21a-240, any intoxicating liquors, any firearm, weapon, dangerous instrument or explosive of any kind, any United States currency, or any rope, ladder or other instrument or device for use in making, attempting or aiding an escape, shall be guilty of a class D felony. The unauthorized conveying, passing or possession of any rope or ladder or other instrument or device, adapted for use in making or aiding an escape, into any such institution or the grounds or buildings thereof, shall be presumptive evidence that it was so conveyed, passed or possessed for such use.

      (b) Any person not authorized by law who conveys into any such institution any letter or other missive which is intended for any person confined therein, or who conveys from within the enclosure to the outside of such institution any letter or other missive written or given by any person confined therein, shall be guilty of a class A misdemeanor.

      (c) Any person or visitor who enters or attempts to enter a correctional institution or facility by using a misleading or false name or title shall be guilty of a class A misdemeanor.

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

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

      Cited. 42 CA 264.

      Subsec. (a):

      Cited. 42 CA 264.

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

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

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

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

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

      Cited. 39 CA 789, 790.

      Subsec. (a):

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

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

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

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

      (1969, P.A. 828, S. 177.)

      Cited. 32 CA 224, 246.

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

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

      (1969, P.A. 828, S. 178.)

      Cited. 32 CA 224, 246.

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

      (b) Unlawful assembly is a class B misdemeanor.

      (1969, P.A. 828, S. 179.)

      Cited. 32 CA 224, 246.

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

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

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

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

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

      (b) Criminal advocacy is a class D felony.

      (1969, P.A. 828, S. 181.)

      Annotation to former section 53-1:

      Cited. 325 U.S. 10.

      Annotation to former section 53-5:

      Construed, applied and upheld. 96 C. 607.

      Annotation to former section 53-6:

      Cited. 96 C. 607.

      Annotation to present section:

      Cited. 197 C. 436, 443.

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

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

      (1971, P.A. 871, S. 52.)

      Annotations to former section 53-44:

      Cited. 166 C. 81, 83, 88.

      Annotations to present section:

      Cited. 234 C. 78, 80.

      Cited. 36 CA 821, 822. Section not void for vagueness and overbreadth. 48 CA 148. Provisions codified common law distinction between solicitation an attempt and solicitation not an attempt under Sec. 53a-49(a)(1). 65 CA 145.

      Subsec. (a):

      Cited. 36 CA 821, 822.

      Statute not unconstitutionally void for vagueness and overbreadth; requirement of intent that must be read into statute preserves it from constitutional demise under first amendment. 41 CS 525, 526, 528, 530, 531, 537. Cited. 43 CS 46, 54, 74.

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

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

      (1971, P.A. 871, S. 53.)

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

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

      Subsec. (a):

      Cited. 237 C. 454, 471-474.

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

      Cited. 43 CS 46, 74.

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

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

      (1971, P.A. 871, S. 54.)

      Cited. 32 CA 224, 249.

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

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

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

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

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

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

      Cited. 34 CS 666, 669.

      Subsec. (a):

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

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

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

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

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

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