Title 53a — Title 53a: Penal Code

Sec. 53a-1. Short title: Penal Code. This title shall be known as the “Penal Code”. (1969, P.A. 828, S. 1.) Cited. 171 C. 524.

Sec. 53a-2. Application and scope. The provisions of this title shall apply to any offense defined in this title or the general statutes, unless otherwise expressly provided or unless the context otherwise requires, and committed on or after October 1, 1971, and to any defense to…

Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title: (1) “Person” means a human being, and, where appropriate, a public or private corporation, a limited liability company, an un…

Sec. 53a-10. Defense. (a) In any prosecution in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8, it shall be a defense that the defendant terminated his complicity prior to the commission of the offense under circumsta…

Sec. 53a-11. Criminal liability of individual for conduct in name of or on behalf of corporation or limited liability company. A person shall be criminally liable for conduct constituting an offense which such person performs or causes to be performed in the name of or on behalf …

Sec. 53a-12. Defenses; burden of proof. (a) When a defense other than an affirmative defense, is raised at a trial, the state shall have the burden of disproving such defense beyond a reasonable doubt. (b) When a defense declared to be an affirmative defense is raised at a trial,…

Sec. 53a-13. Lack of capacity due to mental disease or defect as affirmative defense. (a) In any prosecution for an offense, it shall be an affirmative defense that the defendant, at the time the defendant committed the proscribed act or acts, lacked substantial capacity, as a re…

Sec. 53a-14. Duress as defense. In any prosecution for an offense, it shall be a defense that the defendant engaged in the proscribed conduct because he was coerced by the use or threatened imminent use of physical force upon him or a third person, which force or threatened force…

Sec. 53a-15. Entrapment as defense. In any prosecution for an offense, it shall be a defense that the defendant engaged in the proscribed conduct because he was induced to do so by a public servant, or by a person acting in cooperation with a public servant, for the purpose of in…

Sec. 53a-16. Justification as defense. In any prosecution for an offense, justification, as defined in sections 53a-17 to 53a-23, inclusive, shall be a defense. Justification as a defense does not include provocation that resulted solely from the discovery of, knowledge about or …

Sec. 53a-16a. Affirmative defense in certain situations involving firearms; exceptions. In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a, it shall be an affirmative defense that the pistol, revolver, rifle, shotgun,…

Sec. 53a-16b. Affirmative defense of coparticipant to offense with firearm. In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a in which the defendant was not the only participant, it shall be an affirmative defense th…

Sec. 53a-17. Conduct required or authorized by law or judicial decree. Unless inconsistent with any provision of this chapter defining justifiable use of physical force, or with any other provision of law, conduct which would otherwise constitute an offense is justifiable when su…

Sec. 53a-18. Use of reasonable physical force or deadly physical force generally. (a) The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: (1) A parent, guardian or othe…

Sec. 53a-19. Use of physical force in defense of person. (a) Except as provided in subsections (b) and (c) of this section, a person is justified in using reasonable physical force upon another person to defend himself or a third person from what he reasonably believes to be the …

Sec. 53a-20. Use of physical force in defense of premises. A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises, is justified in using reasonable physical force upon another person when and to the extent that he r…

Sec. 53a-21. Use of physical force in defense of property. A person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent an attempt by such other person to commit larceny or criminal…

Sec. 53a-22. Use of physical force in making arrest or preventing escape. (a)(1) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the b…

Sec. 53a-23. Use of physical force to resist arrest not justified. A person is not justified in using physical force to resist an arrest by a reasonably identifiable peace officer, whether such arrest is legal or illegal. (1969, P.A. 828, S. 22; 1971, P.A. 871, S. 9; P.A. 05-180,…

Sec. 53a-4. Saving clause. The provisions of this chapter shall not be construed as precluding any court from recognizing other principles of criminal liability or other defenses not inconsistent with such provisions. (1969, P.A. 828, S. 4.) Cited. 209 C. 75; 227 C. 32; 229 C. 60…

Sec. 53a-5. Criminal liability; mental state required. When the commission of an offense defined in this title, or some element of an offense, requires a particular mental state, such mental state is ordinarily designated in the statute defining the offense by use of the terms “i…

Sec. 53a-6. Effect of ignorance or mistake. (a) A person shall not be relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact, unless: (1) Such factual mistake negates the mental state required for the commission of an offense…

Sec. 53a-7. Effect of intoxication. Intoxication shall not be a defense to a criminal charge, but in any prosecution for an offense evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate an element of the crime charged, provide…

Sec. 53a-8. Criminal liability for acts of another. (a) A person, acting with the mental state required for commission of an offense, who solicits, requests, commands, importunes or intentionally aids another person to engage in conduct which constitutes an offense shall be crimi…

Sec. 53a-9. Lack of criminal responsibility; absence of prosecution or conviction not a defense. In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8 it shall not be a defense that: (1) …

Sec. 53a-100. Definitions. (a) The following definitions are applicable to this part: (1) “Building” in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping car, railroad car or other structure or vehicle or any building with a valid certificate …

Secs. 53a-100a to 53a-100z. Reserved for future use.

Sec. 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, an…

Sec. 53a-101. Burglary in the first degree: Class B felony. (a) A person is guilty of burglary in the first degree when (1) such person enters or remains unlawfully in a building with intent to commit a crime therein and is armed with explosives or a deadly weapon or dangerous in…

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 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…

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 suc…

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. 1…

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 o…

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.

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 adv…

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 a…

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 such person is not licensed or privileged to do so, (1) such person enters or remains in a building, or (2) such person e…

Sec. 53a-109. Criminal trespass in the third degree: Class C or class B misdemeanor. (a) A person is guilty of criminal trespass in the third degree when, knowing that such person is not licensed or privileged to do so: (1) Such person enters or remains in premises which are post…

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 t…

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

Secs. 53a-110b and 53a-110c. Transferred to Part XXI, Secs. 53a-223 and 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 th…

Sec. 53a-110e. Simple trespass of watershed land: Infraction. (a) For the purposes of this section, “water company” has the same meaning as provided in section 25-32a. A person is guilty of simple trespass of public water supply watershed land that is owned, controlled or managed…

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…

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…

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 explo…

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 …

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…

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 such person has a righ…