2022 Connecticut General Statutes
Title 53a - Penal Code
Chapter 952 - Penal Code: Offenses
Section 53a-100aa. - Home invasion: Class A felony.

(a) A person is guilty of home invasion when such person 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, and, in the course of committing the offense: (1) Acting either alone or with one or more persons, such person or another participant in the crime commits or attempts to commit a felony against the person of another person other than a participant in the crime who is actually present in such dwelling, or (2) such person is armed with explosives or a deadly weapon or dangerous instrument.

(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) Home invasion is a class A felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which ten years may not be suspended or reduced by the court.

(Jan. Sp. Sess. P.A. 08-1, S. 1.)

History: Jan. Sp. Sess. P.A. 08-1 effective March 1, 2008.

Subsec. (a)(2): It is possible to commit the crime of home invasion without committing the crime of attempt to commit assault in the first degree, therefore home invasion in violation of Subdiv. and attempt to commit assault in the first degree in violation of Secs. 53a-59(a)(1) and 53a-49 are not the same offense for purposes of double jeopardy. 343 C. 470.

Subsec. (a)(1): Defendant could not be convicted of attempt to commit home invasion without proof beyond a reasonable doubt that it was specifically defendant who intended to commit a felony in the dwelling. 187 CA 333. Subsec. (a): The express language of Subsec. does not require that defendant enter the dwelling using force or cause any damage upon entering, although evidence of forced entry may be probative of unlawful entry. 192 CA 221.