2005 Connecticut Code - Sec. 46a-58. (Formerly Sec. 53-34). Deprivation of rights. Desecration of property. Cross burning. Penalty.

      Sec. 46a-58. (Formerly Sec. 53-34). Deprivation of rights. Desecration of property. Cross burning. Penalty. (a) It shall be a discriminatory practice in violation of this section for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, blindness or physical disability.

      (b) Any person who intentionally desecrates any public property, monument or structure, or any religious object, symbol or house of religious worship, or any cemetery, or any private structure not owned by such person, shall be in violation of subsection (a). For purposes of this subsection, "desecrate" means to mar, deface or damage as a demonstration of irreverence or contempt.

      (c) Any person who places a burning cross or a simulation thereof on any public property, or on any private property without the written consent of the owner, shall be in violation of subsection (a).

      (d) Any person who violates any provision of this section shall be guilty of a class A misdemeanor, except that if property is damaged as a consequence of such violation in an amount in excess of one thousand dollars, such person shall be guilty of a class D felony.

      (1949 Rev., S. 8374; P.A. 74-80; P.A. 77-278, S. 1; P.A. 80-54; 80-422, S. 7; P.A. 84-15.)

      History: P.A. 74-80 applied penalty to discrimination based on sex and specified violation as class A misdemeanor, deleting penalty of maximum fine of one thousand dollars and/or maximum imprisonment of one year; P.A. 77-278 applied penalty to discrimination based on blindness or physical disability; P.A. 80-54 applied penalty to discrimination based on religion or national origin and added Subsecs. (b) and (c) re desecration of property and burning crosses on property; P.A. 80-422 rephrased Subsec. (a) and designated penalty provision formerly in Subsec. (a) as Subsec. (d); Sec. 53-34 transferred to Sec. 46a-58 in 1981; P.A. 84-15 amended Subsec. (d) by increasing the penalty to a class D felony if property is damaged in an amount in excess of one thousand dollars.

      See Conn. Const. Art. I, Sec. 20 re equal protection of the law.

      See Sec. 1-1f for definitions of "blind" and "physically disabled".

      See Sec. 52-251b re costs and attorney's fees in civil action for deprivation of civil rights.

      See Sec. 53-37a re deprivation of a person's civil rights by person wearing mask or hood.

      Annotations to former section 53-34:

      If no violation of enumerated rights under statute is alleged, then there is no basis for hearing. 160 C. 226.

      Annotations to present section:

      Cited. 204 C. 17, 27, 28. Cited. 216 C. 108, 110. Cited. 232 C. 91, 114-116. Cited. 238 C. 337.

      Subsec. (a):

      Cited. 216 C. 85, 110. Cited. 220 C. 192, 194. Cited. 232 C. 91, 114. Cited. 238 C. 337. Commission on Human Rights and Opportunities had subject matter jurisdiction to adjudicate claim of racial discrimination brought by African-American senior student at a public high school against school principal and local board of education on the basis of a discrete course of allegedly discriminatory conduct by the principal. 270 C. 665.

      Cited. 18 CA 126, 127. Cited. 38 CA 506, 508. Cited. 44 CA 446. Subdiv. (1) cited. Id. Cited. Id., 677. Federal standards reviewed for guidance in enforcing state antidiscrimination statutes; court held that defendant had provided plaintiff with reasonable accommodation. 57 CA 767.