CHAPTER 939
OFFENSES AGAINST THE PERSON

Table of Contents

Secs. 53-9 and 53-10. Degrees of murder; trial. First degree murder, other homicides; death penalty or life imprisonment.
Sec. 53-10a. Persons sentenced to life imprisonment prior to October 1, 1963.
Secs. 53-11 to 53-19. Homicide or injuries to person punishable by imprisonment for life. Assault with intent to murder. Manslaughter. Maiming with intent to disfigure; robbery with violence; armed robbery. Assault with acid or other burning substance. Aggravated assault. Assault of Correction Department or Parole Board employee. Misconduct of railroad or railway servants or motor vehicle operators. Throwing or shooting at trains, engines, motor units, railroad cars; injury or destruction. Binding, or administering drugs with intent to commit crime.
Sec. 53-20. Cruelty to persons.
Sec. 53-21. Injury or risk of injury to, or impairing morals of, children. Sale of children.
Sec. 53-21a. Leaving child unsupervised in place of public accommodation or motor vehicle.
Sec. 53-22. Psychiatric examinations.
Sec. 53-23. Abandonment of child under the age of six years.
Sec. 53-23a. Hazing.
Secs. 53-24 to 53-33. Taking or enticing away a child. Unlawful exhibition or employment of child. Abduction of child by either parent. Kidnapping. Assault with intent to rob. Attempt to procure miscarriage or abortion. Abortion or miscarriage: Fine. Encouraging the commission of abortion. Abortion or miscarriage inducement: Class D felony. Severability. Use of drugs or instruments to prevent conception. Penalty for unlawful operation.
Sec. 53-34.
Sec. 53-34a. Deprivation of rights of physically disabled and blind; class C misdemeanor.
Sec. 53-34b. Deprivation of the right to breast-feed one's child.
Sec. 53-35.
Sec. 53-35a.
Secs. 53-35b and 53-36. Posting of notices. Complaint to Commission on Human Rights and Opportunities; commission may issue complaint; damages.
Sec. 53-36a.
Sec. 53-36b.
Sec. 53-36c. Counsel for commission.
Sec. 53-36d.
Sec. 53-37. Ridicule on account of race, creed or color.
Sec. 53-37a. Deprivation of a person's civil rights by person wearing mask or hood: Class D felony.
Sec. 53-37b. Deprivation of a person's equal rights and privileges by force or threat.
Sec. 53-38. Fictitious notice of birth, marriage or death.
Sec. 53-39. Malicious prosecution.
Sec. 53-39a. Indemnification of state police, State Capitol police, certain special police and local police.
Sec. 53-40. Blackmail.
Sec. 53-41. Tattooing of persons restricted.
Sec. 53-41a. Surveillance devices in dressing rooms prohibited.
Sec. 53-41b. Ear piercing.


Secs. 53-9 and 53-10. Degrees of murder; trial. First degree murder, other homicides; death penalty or life imprisonment. Sections 53-9 and 53-10 are repealed.
(1949 Rev., S. 8350, 8351; 1951, S. 3266d; 1957, P.A. 461, S. 3; 1963, P.A. 322; 573; February, 1965, P.A. 500; 1969, P.A. 828, S. 214.)
See Sec. 53-202 re machine guns.
See Sec. 53a-45 re murder.
See chapter 952, part IV (Sec. 53a-54a et seq.) re homicide.
See Sec. 54-83 re testimony required in capital cases.

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Sec. 53-10a. Persons sentenced to life imprisonment prior to October 1, 1963. Any person imprisoned in any correctional institution who, prior to October 1, 1963, was sentenced under the provisions of section 53-10 of the general statutes to imprisonment in the State Prison for life without benefit of release as provided in sections 18-7, 18-26 and 54-125 shall be eligible for the same release benefits provided under said sections as any person sentenced to imprisonment for life after October 1, 1963.
(February, 1965, P.A. 258, S. 1; P.A. 76-336, S. 25.)
History: P.A. 76-336 replaced references to "State Prison" with general reference to "any correctional institution".

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Secs. 53-11 to 53-19. Homicide or injuries to person punishable by imprisonment for life. Assault with intent to murder. Manslaughter. Maiming with intent to disfigure; robbery with violence; armed robbery. Assault with acid or other burning substance. Aggravated assault. Assault of Correction Department or Parole Board employee. Misconduct of railroad or railway servants or motor vehicle operators. Throwing or shooting at trains, engines, motor units, railroad cars; injury or destruction. Binding, or administering drugs with intent to commit crime. Sections 53-11 to 53-19, inclusive, are repealed.
(1949 Rev., S. 8352−8358, 8360, 8520; 1961, P.A. 210; 1969, P.A. 144, S. 1; 327; 828, S. 214; 1971, P.A. 871, S. 129.)
See Sec. 53-202 re machine guns.
See Sec. 53a-7 re effect of intoxication.
See Secs. 53a-111, 53a-112 re arson.
See Sec. 53a-134 re first degree robbery.
See chapter 952, parts IV and V re homicide and assault and related offenses, respectively.

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Sec. 53-20. Cruelty to persons. Any person who tortures, torments, cruelly or unlawfully punishes or wilfully or negligently deprives any person of necessary food, clothing, shelter or proper physical care; and any person who, having the control and custody of any child under the age of sixteen years, in any capacity whatsoever, maltreats, tortures, overworks, cruelly or unlawfully punishes or wilfully or negligently deprives such child of necessary food, clothing, or shelter shall be fined not more than five hundred dollars or imprisoned not more than one year or both.
(1949 Rev., S. 8368.)
Formerly trial justice could take final jurisdiction of offense against section. 115 C. 600. The word "unlawfully" does not connote "inhuman or barbarous treatment," but should be construed within the rule of statutory construction that a general word, following a particular enumeration, is intended to apply only to matters of the same general character. 165 C. 288, 293.
Cited. 26 CS 316. Cited. 37 CS 664, 665, 670.
Cited. 4 Conn. Cir. Ct. 571. Evidence that defendant, mother of premature twin babies, failed to obtain medical aid or other care for them was sufficient to support jury's verdict holding her guilty of crime of cruelty to persons upon death of one and severe illness of other child. 5 Conn. Cir. Ct. 698.

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Sec. 53-21. Injury or risk of injury to, or impairing morals of, children. Sale of children. (a) Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child, or (2) has contact with the intimate parts, as defined in section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, or (3) permanently transfers the legal or physical custody of a child under the age of sixteen years to another person for money or other valuable consideration or acquires or receives the legal or physical custody of a child under the age of sixteen years from another person upon payment of money or other valuable consideration to such other person or a third person, except in connection with an adoption proceeding that complies with the provisions of chapter 803, shall be guilty of a class C felony.
(b) The act of a parent or agent leaving an infant thirty days or younger with a designated employee pursuant to section 17a-58 shall not constitute a violation of this section.
(1949 Rev., S. 8369; P.A. 95-142, S. 1; P.A. 97-147, S. 1; P.A. 00-207, S. 6.)
History: P.A. 95-142 designated existing provisions as Subdiv. (1) and amended said Subdiv. to make technical changes, added Subdiv. (2) re contact with the intimate parts of a child or subjecting a child to contact with the intimate parts of the actor, in a sexual and indecent manner likely to impair the health or morals of the child, and specified that a person who commits the proscribed acts "shall be guilty of a class C felony" rather than "shall be fined not more than five hundred dollars or imprisoned not more than ten years or both"; P.A. 97-147 added Subdiv. (3) re permanently transferring, or acquiring or receiving, the legal or physical custody of a child for money or other valuable consideration; P.A. 00-207 designated existing provisions as Subsec. (a) and added new Subsec. (b) re exemption for parent or agent leaving an infant with a designated employee pursuant to Sec. 17a-58.
See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.
Evidence of conversations between defendant and school authorities where child was enrolled admissible to show defendant had assumed custody of child; permissible to question child concerning his observation of activities in defendant's house as having bearing on question whether defendant had placed child in situation where morals were likely to be impaired. 149 C. 491. Legislative history discussed. Voluntary intoxication is a defense in a criminal action only where specific intent is an element of crime. The second part of this section does not require specific intent as an element of the crime charged. Therefore intoxication is no defense. 150 C. 245. Cited. 143 C. 604; 152 C. 197. Defendant may put his character in issue but only as to specific traits of sexual morality and decency, and character witness' testimony must be as to these traits. 157 C. 99. Cited. 160 C. 366. Cited. 162 C. 123. Separability of conduct in statutory construction, discussed. 164 C. 69. This section does not require a showing that the health of the child was impaired, but only that the conduct or the acts of the defendant were such that the health of the child was likely to be impaired. 165 C. 288, 292. Cited. 172 C. 140, 141. Cited. 176 C. 138, 139. In light of prior opinions of court there is sufficient warning that acts charged are proscribed by the statute. 180 C. 54−57, 59, 62−66. Cited. 181 C. 406, 408; id., 426, 427. Cited. 183 C. 17−19, 21−24. Section is not constitutionally infirm since it clearly lays down a legislative policy on the subject legislated upon. Id., 17, 23. Section does not violate the ex post facto clause of the federal constitution. Id., 17, 24. Section does not contravene the doctrine of separation of powers because it does not represent any delegation of legislative powers. Id., 17, 23. Cited. Id., 586. Cited. 185 C. 199, 200. Cited. 186 C. 45, 46, 51. Cited. 187 C. 73, 74, 91. Cited. 188 C. 565, 566. Cited. 189 C. 1, 7, 8, 12, 13. Cited. 190 C. 84, 85. Cited. 191 C. 453, 454, 467. Statute unconstitutional when applied to instances of willing and voluntary participation by a person between fifteen and sixteen years of age. 192 C. 154−156, 158−161, 163, 164, 166. Cited. 197 C. 666−669. Cited. 199 C. 47, 55. Cited. 200 C. 734, 735. Cited. 201 C. 211, 216. Cited. 203 C. 506, 522. Cited. 204 C. 187, 189. Cited. Id., 523, 524. Cited. Id., 683, 684. Cited. 205 C. 27, 28. Cited. Id., 515, 516, 521, 523. Cited. Id., 528, 537. Cited. 207 C. 233, 234, 240. Statute unconstitutionally vague in the circumstances of this case. Id., 456−459, 461−468. Cited. 210 C. 51, 53. Cited. Id., 244, 246, 247, 256, 257, 260−262, 265, 266, 269, 271. Cited. Id., 359, 362, 381, 383, 384, 388−390. Cited. Id., 396, 397. Cited. Id., 582, 584, 588, 590. Cited. 211 C. 185, 186. Cited. Id., 555, 557, 581− 586. Cited. 214 C. 378, 388. Cited. Id., 717, 719. Cited. 215 C. 653, 654. Cited. 216 C. 699, 701, 726. Cited. 219 C. 283, 284. Cited. 222 C. 331, 335. Cited. Id., 556, 558, 559. Cited. 224 C. 1, 2. Cited. Id., 656, 658; judgment reversed, see 31 CA 452 et seq. Cited. 227 C. 207, 209, 210, 220. Cited. Id., 829, 832. Cited. 228 C. 393, 396. Cited. Id., 552, 554. Cited. Id., 610, 612. Cited. Id., 795, 801. Cited. 229 C. 580−582. Cited. Id., 839, 840. Cited. 230 C. 43, 46−48, 51, 52, 54, 64, 72, 73. Cited. 233 C. 502, 504, 512. Cited. Id., 813, 816. Cited. 235 C. 659, 661. Cited. Id., 746. Cited. 236 C. 189, 194. Cited. Id., 342, 343. Cited. 237 C. 321, 323. Cited. 240 C. 766. Cited. 241 C. 823. Cited. 242 C. 211. Cited. Id., 296. Statute not unconstitutionally vague as applied to the facts of the case. 248 C. 543.
Cited. 2 CA 333, 334. Cited. 3 CA 459, 460. Cited. Id., 607, 608, 614, 622, 623. Cited. 6 CA 150. Cited. 7 CA 46, 48. Cited. Id., 131, 132. Cited. Id., 653. Held to be in error for a trial court to deny request for a jury instruction on issue of consent in risk of injury case involving a fifteen-year-old girl. 8 CA 216, 242. Cited. Id., 216, 218. Cited. Id., 313, 314. Cited. Id., 469, 477. Cited. Id., 528−533, 541. Not constitutionally infirm as being void for vagueness. 9 CA 74, 75. Cited. 10 CA 591, 592. Cited. 11 CA 80, 81, 87−92, 96, 98−100. Cited. Id., 236, 237. Cited. 12 CA 288, 289. Cited. Id., 320, 321, 323−325, 336. Cited. Id., 403−406. Cited. 13 CA 368, 369. Cited. Id., 378, 379, 381. Cited. Id., 667, 668, 671. Cited. 14 CA 244, 245, 247. Cited. Id., 333, 334. Cited. 15 CA 222, 224, 226, 227. Cited. Id., 251, 253, 256, 276, 287. Cited. 17 CA 174, 175. Cited. Id., 186, 187, 196, 198. Cited. Id., 447, 448, 450, 451. Cited. Id., 525, 526. Cited. 18 CA 273, 274. Cited. Id., 297, 298. Cited. Id., 459, 460. Cited. Id., 477, 478. Cited. 19 CA 44, 45. Cited. Id., 646, 647. Cited. 20 CA 40, 41, 47, 49−51. Cited. Id., 75, 77, 80, 81, 84, 86. Cited. Id., 115−117. Cited. Id., 193, 194. Cited. Id., 263, 264. Cited. Id., 288, 289. Cited. Id., 530, 532. Cited. Id., 572, 577. Cited. Id., 630, 631. Cited. Id., 694−699. Cited. Id., 737, 738, 745, 746, 754. Cited. 21 CA 449, 450, 454−457. Cited. 23 CA 1, 2. Cited. Id., 241, 242. Cited. Id., 712, 713. Cited. 24 CA 57, 58. Cited. Id., 146, 147. Not unconstitutionally vague or overbroad as applied to defendant. Id., 300−305. Cited. Id., 330, 331. Cited. 25 CA 235, 237. Cited. Id., 243, 245, 253. Cited. Id., 334, 335. Cited. 26 CA 81, 82. Cited. Id., 625, 627, 632, 638, 640, 641; judgment reversed, see 224 C. 656 et seq. and 31 CA 452 et seq. Cited. Id., 674, 676, 679, 680. Cited. Id., 758, 759. Cited. 28 CA 91, 92. Cited. Id., 388, 389. Cited. Id., 581, 589, 590; judgment reversed, see 226 C. 601 et seq. Cited. 29 CA 591−597, 599, 600. Cited. Id., 683, 684, 687−689. Cited. Id., 689, 690, 692. Cited. Id., 724, 726. Cited. 30 CA 527, 528, 531, 533−535, 538. Cited. Id., 654, 655. Cited. 31 CA 120, 121. Cited. Id., 497, 502. Cited. 32 CA 84, 86. Cited. Id., 217, 218, 221−223; judgment reversed, see 229 C. 580 et seq. Cited. Id., 773−775. Cited. 33 CA 133, 134. Cited. Id., 162, 163. Cited. Id., 205, 207. Cited. Id., 743, 744, 748B; judgment reversed, see 233 C. 502 et seq. Cited. 34 CA 46, 48. Cited. Id., 428, 429. Cited. Id., 473, 474. Cited. Id., 807, 808. Cited. 35 CA 520, 521. Cited. Id., 728, 730. Cited. Id., 754, 755. Cited. 36 CA 383, 384. Cited. Id., 448, 449; judgment reversed, see 236 C. 342 et seq. Cited. Id., 525, 526. Cited. 37 CA 21, 22. Cited. Id., 180−182, 184. Cited. Id., 388−391. Cited. Id., 534, 535, 537−542. Cited. 38 CA 56, 58. Cited. Id., 125, 126. Cited. 39 CA 267, 268, 274−276. Cited. Id., 657, 658, 664. Cited. Id., 702, 703. Cited. Id., 742, 744. Cited. 40 CA 1−7, 10, 12, 14. Cited. Id., 132, 133, 148. Cited. Id., 233, 235. Cited. Id., 395, 397. Cited. Id., 805, 806, 823, 825, 828. Cited. 41 CA 204, 205. Cited. Id., 287, 288. Cited. Id., 333, 334, 338, 341. Cited. Id., 701, 703. Cited. 42 CA 147. Cited. Id., 186; judgment reversed, see 241 C. 823 et seq. Cited. Id., 371. Cited. Id., 382. Cited. 43 CA 142. Cited. id., 458. Cited. Id., 578. Cited. Id., 619. Cited. Id., 667. Cited. Id., 715. Cited. Id., 785. Cited. 44 CA 457. Cited. 45 CA 66. Cited. Id., 116. Cited. Id., 261. Cited. Id., 512. Cited. Id., 613. Cited. Id., 756. Cited. 46 CA 24. Cited. Id., 691. Although victim must be less than sixteen, there is no age requirement for the actor; thus, violation can result in adjudication that defendant is a youthful offender. Not unconstitutionally vague where defendant charged with consensual statutory rape had fair notice from the terms of the statute and from judicial opinions. 47 CA 68. Evidence presented at trial concerning death of healthy one-year-old left in defendant's care was sufficient to support conviction. Id., 188. This offense and offense of sexual assault in the fourth degree under Sec. 53a-73a(a)(1)(A) are not the same offense for double jeopardy purposes. 49 CA 409. Sentencing under both risk of injury and promoting prostitution statutes not a double jeopardy violation. 53 CA 627.
Evidence of conviction under this section held not sufficient evidence to warrant a decree of divorce for the commission of an infamous crime involving a violation of conjugal duty. 21 CS 198. Defendant arrested and charged under this section after hearing was properly bound over to superior court where he was charged with aggravated assault. 27 CS 429. Cited. 29 CS 187. Presentment for this crime barred by the prohibition against double jeopardy where defendant had been convicted in circuit court for lesser offense for the same actions. 31 CS 28. Cited 41 CS 229, 231, 232.
Cited. 6 Conn. Cir. Ct. 548.
Subdiv. (2):
Cited. 240 C. 743.
Jury's finding of contact between penis and anus or buttocks area suffices as the requisite contact. 53 CA 720.

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Sec. 53-21a. Leaving child unsupervised in place of public accommodation or motor vehicle. (a) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation or a motor vehicle for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class A misdemeanor.
(b) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation, which holds a permit issued under chapter 545 for the sale of alcoholic liquor for consumption on the premises, for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class D felony.
(c) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation or a motor vehicle between the hours of eight o'clock p.m. and six o'clock a.m. for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class C felony.
(P.A. 97-298.)

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Sec. 53-22. Psychiatric examinations. The court may order any person convicted under section 53-20 or 53-21 to be examined by one or more competent psychiatrists.
(1949 Rev., S. 8370.)
See Sec. 17a-566 re examination of certain convicted persons for purpose of determining mental illness or drug dependence.

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Sec. 53-23. Abandonment of child under the age of six years. (a) Any person having the charge of any child under the age of six years who exposes such child in any place, with intent wholly to abandon such child, shall be fined not more than five hundred dollars and imprisoned not more than five years.
(b) The act of a parent or agent leaving an infant thirty days or younger with a designated employee pursuant to section 17a-58 shall not constitute a violation of this section.
(1949 Rev., S. 8366; P.A. 00-207, S. 7.)
History: P.A. 00-207 designated existing provisions as Subsec. (a), making technical changes therein, and added new Subsec. (b) re exemption for parent or agent leaving an infant with a designated employee pursuant to Sec. 17a-58.
See Secs. 53-304 to 53-308, inclusive, re nonsupport cases.

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Sec. 53-23a. Hazing. (a) For purposes of this section:
(1) "Hazing" means any action which recklessly or intentionally endangers the health or safety of a person for the purpose of initiation, admission into or affiliation with, or as a condition for continued membership in a student organization. The term shall include, but not be limited to:
(A) Requiring indecent exposure of the body;
(B) Requiring any activity that would subject the person to extreme mental stress, such as sleep deprivation or extended isolation from social contact;
(C) Confinement of the person to unreasonably small, unventilated, unsanitary or unlighted areas;
(D) Any assault upon the person; or
(E) Requiring the ingestion of any substance or any other physical activity which could adversely affect the health or safety of the individual. The term shall not include an action sponsored by an institution of higher education which requires any athletic practice, conditioning, or competition or curricular activity.
(2) "Student organization" means a fraternity, sorority or any other organization organized or operating at an institution of higher education.
(b) No student organization or member of a student organization shall engage in hazing any member or person pledged to be a member of the organization. The implied or express consent of the victim shall not be a defense in any action brought under this section.
(c) A student organization which violates subsection (b) of this section (1) shall be subject to a fine of not more than one thousand five hundred dollars and (2) shall forfeit for a period of not less than one year all of the rights and privileges of being an organization organized or operating at an institution of higher education.
(d) A member of a student organization who violates subsection (b) of this section shall be subject to a fine of not more than one thousand dollars.
(e) This section shall not in any manner limit or exclude prosecution or punishment for any crime or any civil remedy.
(P.A. 88-328, S. 1−5.)

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Secs. 53-24 to 53-33. Taking or enticing away a child. Unlawful exhibition or employment of child. Abduction of child by either parent. Kidnapping. Assault with intent to rob. Attempt to procure miscarriage or abortion. Abortion or miscarriage: Fine. Encouraging the commission of abortion. Abortion or miscarriage inducement: Class D felony. Severability. Use of drugs or instruments to prevent conception. Penalty for unlawful operation. Sections 53-24 to 53-33, inclusive, are repealed.
(1949 Rev., S. 4183, 8361, 8363−8365, 8367, 8371−8373, 8568; 1969, P.A. 828, S. 214; May, 1972, P.A. 1, S. 1, 2; P.A. 77-614, S. 323, 610; P.A. 80-135; P.A. 90-113, S. 4.)
See Secs. 53a-97, 53a-98 re custodial interference.
See Secs. 53a-133 to 53a-136, inclusive, re robbery.
See chapter 952, part VII (Sec. 53a-91 et seq.) re kidnapping and related offenses.

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Sec. 53-34. Transferred to Chapter 814c, Sec. 46a-58.

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Sec. 53-34a. Deprivation of rights of physically disabled and blind; class C misdemeanor. Section 53-34a is repealed.
(P.A. 73-279, S. 2; P.A. 77-278, S. 2.)
See Sec. 46a-58 for successor provisions.

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Sec. 53-34b. Deprivation of the right to breast-feed one's child. No person may restrict or limit the right of a mother to breast-feed her child.
(P.A. 97-210, S. 2.)
See Sec. 54-195 re general penalty provision.

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Sec. 53-35. Transferred to Chapter 814c, Sec. 46a-64.

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Sec. 53-35a. Transferred to Chapter 814c, Sec. 46a-59.

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Secs. 53-35b and 53-36. Posting of notices. Complaint to Commission on Human Rights and Opportunities; commission may issue complaint; damages. Sections 53-35b and 53-36 are repealed.
(1949, 1955, S. 3268d; 1959, P.A. 111; February, 1965, P.A. 433, S. 2; 1967, P.A. 210, S. 2; 715, S. 5; 756, S. 1; P.A. 74-43, S. 1, 2; P.A. 75-462; P.A. 80-422, S. 50.)

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Sec. 53-36a. Transferred to Chapter 814c, Sec. 46a-91.

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Sec. 53-36b. Transferred to Chapter 814c, Sec. 46a-93.

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Sec. 53-36c. Counsel for commission. Section 53-36c is repealed.
(February, 1965, P.A. 543, S. 4; 1967, P.A. 715, S. 6; P.A. 80-422, S. 50.)

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Sec. 53-36d. Transferred to Chapter 814c, Sec. 46a-94.

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Sec. 53-37. Ridicule on account of race, creed or color. Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be fined not more than fifty dollars or imprisoned not more than thirty days or both.
(1949 Rev., S. 8376.)

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Sec. 53-37a. Deprivation of a person's civil rights by person wearing mask or hood: Class D felony. Any person who, with the intent 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, violates the provisions of section 46a-58 while wearing a mask, hood or other device designed to conceal the identity of such person shall be guilty of a class D felony.
(P.A. 82-14, S. 1, 2.)

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Sec. 53-37b. Deprivation of a person's equal rights and privileges by force or threat. Any person who, acting alone or in conspiracy with another, for the purpose of depriving any person or class of persons of the equal protection of the laws of this state or the United States, or of equal privileges and immunities under the laws of this state or the United States, engages in the use of force or threat, as provided in section 53a- 62, shall be guilty of a class A misdemeanor, except that if bodily injury results such person shall be guilty of a class C felony or if death results such person shall be guilty of a class B felony.
(P.A. 93-412, S. 1.)
See Sec. 52-571a re action for damages and other relief for violation of this section.

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Sec. 53-38. Fictitious notice of birth, marriage or death. Section 53-38 is repealed.
(1949 Rev., S. 8377; 1969, P.A. 828, S. 214.)

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Sec. 53-39. Malicious prosecution. Any person who falsely prosecutes another for any criminal charge, without probable cause and with malicious intent unjustly to vex and trouble him, shall be fined not more than one hundred dollars or imprisoned not more than one year.
(1949 Rev., S. 8378.)
See note to Sec. 52-568.
A conviction in a lower court, although reversed on appeal, is conclusive evidence of probable cause unless the plaintiff can establish that his conviction was obtained by fraud, perjury or other corrupt means. 147 C. 704. Cited. 224 C. 29, 38.

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Sec. 53-39a. Indemnification of state police, State Capitol police, certain special police and local police. Whenever, in any prosecution of an officer of the Division of State Police within the Department of Public Safety, or a member of the Office of State Capitol Police or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds, the Legislative Office Building and parking garage and related structures and facilities, and other areas under the supervision and control of the Joint Committee on Legislative Management, or a local police department for a crime allegedly committed by such officer in the course of his duty as such, the charge is dismissed or the officer found not guilty, such officer shall be indemnified by his employing governmental unit for economic loss sustained by him as a result of such prosecution, including the payment of any legal fees necessarily incurred.
(P.A. 73-627; P.A. 77-614, S. 486, 610; P.A. 80-33, S. 2, 3; P.A. 84-48, S. 16, 17; P.A. 89-82, S. 10, 11; P.A. 96-219, S. 9.)
History: P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 80-33 applied provisions to members of the office of capitol security and persons appointed as special policemen for state capitol building and grounds; P.A. 84-48 included reference to special policemen for other areas under the supervision and control of the joint committee on legislative management; P.A. 89-82 expanded reference to state capitol building and grounds to include legislative office building and parking garage and related structures and facilities; P.A. 96-219 changed the name of the "Office of State Capitol Security" to the "Office of State Capitol Police".
Indemnification for attorney's fees sustained "as a result of such prosecution" does not authorize recovery of such fees sustained as a result of separate action to enforce right to indemnification under this section. 186 C. 623−629, 632. Court will not interpret section "to encompass indemnity for any and all criminal prosecutions of police officers for sexual assault". 206 C. 100−102, 104−107, 111−113. Cited. 229 C. 479, 498. Cited. 234 C. 539, 569. Court concluded that entry of a nolle plus the passage of thirteen months, which results in automatic erasure of relevant records under Sec. 54-142a, constitutes a dismissal for purposes of this section. 240 C. 590.
Cited. 25 CA 599, 600, 603. Cited. 40 CA 705, 707−716; judgment reversed, see 240 C. 590 et seq.

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Sec. 53-40. Blackmail. Section 53-40 is repealed.
(1949 Rev., S. 8379; 1969, P.A. 828, S. 214.)
See Sec. 53a-119 re larceny.

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Sec. 53-41. Tattooing of persons restricted. Section 53-41 is repealed, effective May 23, 1994.
(1953, S. 3269d; 1963, P.A. 27; P.A. 94-105, S. 3, 4.)
See Sec. 19a-92a re regulation of tattooing and penalty for violations.

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Sec. 53-41a. Surveillance devices in dressing rooms prohibited. No department or clothing store shall install or in any manner use a closed-circuit television system, a two-way mirror, a peephole or any other surveillance device, including any mechanical device in any dressing room available to the public. Any person convicted of a violation of this section shall be fined not more than five hundred dollars or imprisoned not more than three months or both.
(February, 1965, P.A. 214; P.A. 85-287.)
History: P.A. 85-287 prohibited department or clothing stores from using or installing a two-way mirror, peephole or other surveillance device including any mechanical device, in any dressing room available to the public and provided for a fine or prison term for persons convicted of a violation of this section.

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Sec. 53-41b. Ear piercing. Section 53-41b is repealed, effective May 23, 1994.
(1969, P.A. 360; 1971, P.A. 20, S. 1; P.A. 78-99, S. 2, 3; P.A. 94-105, S. 3, 4.)


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