Title 53a — Title 53a: Penal Code

Sec. 53a-321. Abuse in the first degree: Class C felony. (a) A person is guilty of abuse in the first degree when such person intentionally commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes serious physical injury to such el…

Sec. 53a-322. Abuse in the second degree: Class D felony. (a) A person is guilty of abuse in the second degree when such person: (1) Intentionally commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes physical injury to such eld…

Sec. 53a-323. Abuse in the third degree: Class A misdemeanor. (a) A person is guilty of abuse in the third degree when such person (1) knowingly commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes physical injury to such elder…

Sec. 53a-32a. Violation of probation by certain sexual offenders. If a defendant who entered a plea of nolo contendere or a guilty plea under the Alford doctrine to a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, section…

Sec. 53a-33. Termination of probation or conditional discharge. The court or sentencing judge may at any time during the period of probation or conditional discharge, after hearing and for good cause shown, terminate a sentence of probation or conditional discharge before the com…

Sec. 53a-34. Unconditional discharge: Criteria; effect. (a) The court may impose a sentence of unconditional discharge in any case where it is authorized to impose a sentence of conditional discharge under section 53a-29, if the court is of the opinion that no proper purpose woul…

Sec. 53a-35. Imprisonment for any felony committed prior to July 1, 1981: Indeterminate sentences; maximum and minimum terms. (a) For any felony committed prior to July 1, 1981, the sentence of imprisonment shall be an indeterminate sentence, except as provided in subsection (d).…

Sec. 53a-35a. Imprisonment for felony committed on or after July 1, 1981. Definite sentence. Authorized term. For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and, unless the section of the general statutes that defines …

Sec. 53a-35b. “Life imprisonment” defined. A sentence of life imprisonment means a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release, imposed pursuant to subparagraph (A) or (B) of subdivision (1) of section 53a-35a, in …

Sec. 53a-35c. Availability of sentence of life imprisonment without the possibility of release. The sentence of life imprisonment without the possibility of release shall not be available as a sentence for an offense committed prior to October 1, 1985. (P.A. 85-366, S. 4.) Cited.…

Sec. 53a-36. Imprisonment for misdemeanor. Definite sentence. Authorized term. A sentence of imprisonment for a misdemeanor shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherw…

Sec. 53a-36a. Imprisonment term for misdemeanor not to exceed three hundred sixty-four days. (a) Notwithstanding any provision of the general statutes, any offense which constitutes a breach of any law of this state for which a person may be sentenced to a term of imprisonment of…

Sec. 53a-37. Multiple sentences: Concurrent or consecutive, minimum term. When multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undischarged term of imprisonment imposed at a previous time by a court of this state…

Sec. 53a-38. Calculation of terms of imprisonment. (a) An indeterminate sentence of imprisonment commences when the prisoner is received in the custody or institution to which he was sentenced. (b) A definite sentence of imprisonment commences when the prisoner is received in the…

Sec. 53a-39. Reduction of sentence or discharge of defendant by sentencing court or judge. Statement by victim. (a) Except as provided in subsection (b) of this section, at any time during an executed period of incarceration, the sentencing court or judge may, after hearing and f…

Sec. 53a-39a. Alternate incarceration program. (a) In all cases where a defendant has been convicted of a misdemeanor or a felony, other than a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 53a…

Sec. 53a-39b. Special alternative incarceration program for young male defendants. Section 53a-39b is repealed, effective October 1, 2003. (P.A. 89-390, S. 18, 37; P.A. 90-230, S. 75, 101; 90-261, S. 10, 19; June Sp. Sess. P.A. 91-9, S. 5, 10; P.A. 03-48, S. 2.)

Sec. 53a-39c. Community service labor program. (a) There is established, within available appropriations, a community service labor program for persons convicted of a first violation of section 21a-267, 21a-279 or 21a-279a, who have not previously been convicted of a violation of…

Sec. 53a-39d. Pilot zero-tolerance drug supervision program. Section 53a-39d is repealed, effective October 1, 2010. (P.A. 98-145, S. 3, 4; P.A. 99-187, S. 3; P.A. 02-89, S. 83; P.A. 10-43, S. 43.)

Sec. 53a-40. Persistent offenders: Definitions; defense; authorized sentences; procedure. (a) A persistent dangerous felony offender is a person who: (1) (A) Stands convicted of manslaughter, arson, kidnapping, robbery in the first or second degree, assault in the first degree, h…

Sec. 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences. (a) A persistent offender of crimes involving bigotry or bias is a person who (1) stands convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, and (2) has b…

Sec. 53a-40b. Additional term of imprisonment authorized for offense committed while on release. A person convicted of an offense committed while released pursuant to sections 54-63a to 54-63g, inclusive, or sections 54-64a to 54-64c, inclusive, other than a violation of section …

Sec. 53a-40c. Psychological counseling required for person convicted of sexual assault of a minor. Any person convicted of a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a where the victim of the sexual assault was a person ten years of age or under sha…

Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order, criminal violation of a standing criminal protective order or criminal violation of a restraining order. Authorized sentences. (a…

Sec. 53a-40e. Standing criminal protective orders. (a) If any person is convicted of, or found not guilty by reason of mental disease or defect of, (1) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or subdivision (1) or (2) …

Sec. 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences. (a) A persistent operating while under the influence felony offender is a person who (1) stands convicted of a violation of section 53a-56b or 53a-60d and (2) has, prior to the com…

Sec. 53a-41. Fines for felonies. A fine for the conviction of a felony shall, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, be fixed by the court as follows: (1) For a class A felony, an amount not t…

Sec. 53a-42. Fines for misdemeanors. A fine for the conviction of a misdemeanor shall, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, be fixed by the court as follows: (1) For a class A misdemeanor, a…

Sec. 53a-43. Fines for violations. A fine for a violation shall be fixed by the court in an amount not to exceed five hundred dollars. In the case of a violation defined in any other section of the general statutes, if the amount of the fine is expressly specified in the section …

Sec. 53a-44. Alternative fine based on defendant's gain. If a person has gained money or property through the commission of any felony, misdemeanor or violation, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under section 53a-41, 53a-4…

Sec. 53a-44a. Surcharge on fine for criminal trespass or criminal mischief on public land. Whenever any person is convicted of a violation of subdivision (4) of subsection (a) of section 53a-107, subdivision (2) of subsection (a) of section 53a-108, subdivision (3) of subsection …

Sec. 53a-45. Murder: Penalty; waiver of jury trial; finding of lesser degree. (a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony committed prior to April 25, 2012, punishable in accordance with subparag…

Sec. 53a-46. Sentencing proceedings; appeal. Section 53a-46 is repealed. (1969, P.A. 828, S. 46; 1972, P.A. 56, S. 1; P.A. 73-137, S. 15.)

Sec. 53a-46a. Imposition of sentence for capital felony committed prior to April 25, 2012. Hearing. Special verdict. Mitigating and aggravating factors. Factors barring death sentence. (a) A person shall be subjected to the penalty of death for a capital felony committed prior to…

Sec. 53a-46b. Review of death sentence. (a) Any sentence of death imposed in accordance with the provisions of section 53a-46a shall be reviewed by the Supreme Court pursuant to its rules. In addition to its authority to correct errors at trial, the Supreme Court shall either aff…

Sec. 53a-46c. Applicability of death penalty provisions in effect on and after October 1, 1980. The provisions of sections 53a-46a and 53a-46b in effect on and after October 1, 1980, shall be applicable to any person who is convicted of or pleads guilty to a capital felony under …

Sec. 53a-46d. Victim impact statement read in court prior to imposition of sentence for crime punishable by death or life imprisonment without possibility of release. A victim impact statement prepared with the assistance of a victim advocate in accordance with subdivision (2) of…

Sec. 53a-47. Disposition of person found not guilty by reason of mental disease or defect. Confinement and examination. Release. Section 53a-47 is repealed. (1969, P.A. 828, S. 47; P.A. 75-476, S. 5, 6; P.A. 78-280, S. 1, 2, 115, 127; P.A. 81-301, S. 2; P.A. 83-486, S. 2; P.A. 85…

Sec. 53a-48. Conspiracy. Renunciation. (a) A person is guilty of conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them commits an overt act in purs…

Sec. 53a-49. Criminal attempt: Sufficiency of conduct; renunciation as defense. (a) A person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for commission of the crime, he: (1) Intentionally engages in conduct which would constitute th…

Sec. 53a-50. Effect of motivation on renunciation. For purposes of this part, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the…

Sec. 53a-51. Classification of attempt and conspiracy. Attempt and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or is an object of the conspiracy, except that an attempt or conspiracy to commit a class A felony is a class B fel…

Sec. 53a-52. Conviction; sentencing. Section 53a-52 is repealed. (1969, P.A. 828, S. 53; 1971, P.A. 871, S. 129.) PART IV* HOMICIDE *Unconstitutionally broad discretion. 164 C. 162. Cited. 184 C. 597. Cited. 45 CA 591. Cited. 40 CS 498.

Secs. 53a-53 and 53a-54. Homicide defined. Murder defined; affirmative defenses; evidence of mental condition; classification. Sections 53a-53 and 53a-54 are repealed. (1969, P.A. 828, S. 54, 55; 1971, P.A. 871, S. 129; P.A. 73-137, S. 15.)

Sec. 53a-54a. Murder. (a) A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception; except that in any prosecution under this subsection, it shall…

Sec. 53a-54b. Murder with special circumstances. A person is guilty of murder with special circumstances who is convicted of any of the following and was eighteen years of age or older at the time of the offense: (1) Murder of a member of the Division of State Police within the D…

Sec. 53a-54c. Felony murder. A person is guilty of murder when, acting either alone or with one or more persons, such person commits or attempts to commit robbery, home invasion, burglary, kidnapping, sexual assault in the first degree, aggravated sexual assault in the first degr…

Sec. 53a-54d. Arson murder. A person is guilty of murder when, acting either alone or with one or more persons, he commits arson and, in the course of such arson, causes the death of a person. Notwithstanding any other provision of the general statutes, any person convicted of mu…

Sec. 53a-54e. Construction of statutes re capital felony committed prior to April 25, 2012. The provisions of subsection (t) of section 1-1 and section 54-194 shall apply and be given full force and effect with respect to a capital felony committed prior to April 25, 2012, under …

Sec. 53a-55. Manslaughter in the first degree: Class B felony. (a) A person is guilty of manslaughter in the first degree when: (1) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or (2) with intent to cause…