Table of Contents 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. 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 "intentionally", "knowingly", "recklessly" or "criminal negligence",
or by use of terms, such as "with intent to defraud" and "knowing it to be false", describing a specific kind of intent or knowledge. When one and only one of such terms appears
in a statute defining an offense, it is presumed to apply to every element of the offense
unless an intent to limit its application clearly appears. 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; or (2) the statute defining the offense or a statute related
thereto expressly provides that such factual mistake constitutes a defense or exemption;
or (3) such factual mistake is of a kind that supports a defense of justification. 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, provided when recklessness or criminal negligence is an element of the
crime charged, if the actor, due to self-induced intoxication, is unaware of or disregards
or fails to perceive a risk which he would have been aware of had he not been intoxicated,
such unawareness, disregard or failure to perceive shall be immaterial. As used in this
section, "intoxication" means a substantial disturbance of mental or physical capacities
resulting from the introduction of substances into the body. 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 criminally liable for such conduct and may be prosecuted and punished as if he were the principal offender. 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) Such other person is not guilty of the offense in question
because of lack of criminal responsibility or legal capacity or awareness of the criminal
nature of the conduct in question or of the defendant's criminal purpose or because of
other factors precluding the mental state required for the commission of the offense in
question; or (2) such other person has not been prosecuted for or convicted of any offense
based upon the conduct in question, or has been acquitted thereof, or has legal immunity
from prosecution therefor; or (3) the offense in question, as defined, can be committed
only by a particular class or classes of persons, and the defendant, not belonging to such
class or classes, is for that reason legally incapable of committing the offense in an
individual capacity. 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 circumstances: (1) Wholly depriving it of effectiveness in the commission
of the offense, and (2) manifesting a complete and voluntary renunciation of his criminal
purpose. Sec. 53a-11. Criminal liability of an individual for conduct in name or 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 in behalf of a corporation or limited liability company to the same
extent as if such conduct were performed in such person's own name or 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. 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 he committed the proscribed act or acts, lacked substantial capacity, as a result of mental disease or defect, either to appreciate the wrongfulness of his
conduct or to control his conduct within the requirements of the law. 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 a person of reasonable firmness in his situation would
have been unable to resist. The defense of duress as defined in this section shall not be
available to a person who intentionally or recklessly places himself in a situation in
which it is probable that he will be subjected to duress. 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 institution of criminal prosecution against the defendant, and that the
defendant did not contemplate and would not otherwise have engaged in such conduct. 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. 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, machine gun or other firearm was not a weapon from which a
shot could be discharged, but it shall not be an affirmative defense to any prosecution
under section 53a-55, 53a-56, 53a-60, 53a-92, 53a-94, 53a-102 or 53a-103. 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 that the defendant: (1) Was not armed with a pistol, revolver,
machine gun, shotgun, rifle or other firearm, and (2) had no reasonable ground to believe
that any other participant was armed with such a weapon. 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 such conduct is required or authorized by a provision of law or by a
judicial decree, including but not limited to (1) laws defining duties and functions of
public servants, (2) laws defining duties of private citizens to assist public servants in
the performance of certain of their functions, (3) laws governing the execution of legal
process, (4) laws governing the military services and the conduct of war, and (5) judgments and orders of courts. Sec. 53a-18. Use of reasonable physical force or deadly physical force generally. 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: 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 use or imminent use of physical force, and he may use such degree
of force which he reasonably believes to be necessary for such purpose; except that
deadly physical force may not be used unless the actor reasonably believes that such
other person is (1) using or about to use deadly physical force, or (2) inflicting or about
to inflict great bodily harm. 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 reasonably believes such to be necessary to prevent or terminate
the commission or attempted commission of a criminal trespass by such other person
in or upon such premises; but he may use deadly physical force under such circumstances
only (1) in defense of a person as prescribed in section 53a-19, or (2) when he reasonably
believes such to be necessary to prevent an attempt by the trespasser to commit arson
or any crime of violence, or (3) to the extent that he reasonably believes such to be
necessary to prevent or terminate an unlawful entry by force into his dwelling as defined
in section 53a-100, or place of work, and for the sole purpose of such prevention or
termination. 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 mischief involving property, or when and to the extent he
reasonably believes such to be necessary to regain property which he reasonably believes
to have been acquired by larceny within a reasonable time prior to the use of such force;
but he may use deadly physical force under such circumstances only in defense of person
as prescribed in section 53a-19. Sec. 53a-22. Use of physical force in making arrest or preventing escape. (a)
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 believed facts or circumstances would not in law constitute an offense,
an erroneous though not unreasonable belief that the law is otherwise does not render
justifiable the use of physical force to make an arrest or to prevent an escape from
custody. A peace officer or an authorized official of the Department of Correction or
the Board of Parole who is effecting an arrest pursuant to a warrant or preventing an
escape from custody is justified in using the physical force prescribed in subsections
(b) and (c) of this section unless such warrant is invalid and is known by such officer
to be invalid.
Sec. 53a-4. Saving clause.
Sec. 53a-5. Criminal liability; mental state required.
Sec. 53a-6. Effect of ignorance or mistake.
Sec. 53a-7. Effect of intoxication.
Sec. 53a-8. Criminal liability for acts of another.
Sec. 53a-9. Lack of criminal responsibility; absence of prosecution or conviction not a
defense.
Sec. 53a-10. Defense.
Sec. 53a-11. Criminal liability of an individual for conduct in name or behalf of corporation or limited liability company.
Sec. 53a-12. Defenses; burden of proof.
Sec. 53a-13. Lack of capacity due to mental disease or defect as affirmative defense.
Sec. 53a-14. Duress as defense.
Sec. 53a-15. Entrapment as defense.
Sec. 53a-16. Justification as defense.
Sec. 53a-16a. Affirmative defense in certain situations involving firearms; exceptions.
Sec. 53a-16b. Affirmative defense of coparticipant to offense with firearm.
Sec. 53a-17. Conduct required or authorized by law or judicial decree.
Sec. 53a-18. Use of reasonable physical force or deadly physical force generally.
Sec. 53a-19. Use of physical force in defense of person.
Sec. 53a-20. Use of physical force in defense of premises.
Sec. 53a-21. Use of physical force in defense of property.
Sec. 53a-22. Use of physical force in making arrest or preventing escape.
Sec. 53a-23. Use of physical force to resist arrest not justified.
(1969, P.A. 828, S. 4.)
Cited. 209 C. 75, 92−95. Cited. 227 C. 32, 45. Cited. 229 C. 60, 82−84. Cited. 233 C. 174, 189. Cited. 236 C. 266, 282.
Cited. 23 CA 615, 617. Cited. 30 CA 470, 484. Cited. Id., 527, 533. Cited. 32 CA 224, 243. Cited. 36 CA 680, 687.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1969, P.A. 828, S. 5.)
Cited. 173 C. 35, 45. Cited. 186 C. 45, 53. Cited. 201 C. 505, 515. Cited. 202 C. 520, 531. Cited. 209 C. 75, 93, 94.
Cited. 235 C. 477, 482. Cited. 242 C. 211.
Cited. 9 CA 161, 167. Cited. Id., 686, 696. Cited. 17 CA 339, 343. Cited. 19 CA 609, 615. Cited. 40 CA 643, 671.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) A person shall not be relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless (1) the law provides that the state of mind established by such
mistaken belief constitutes a defense, or unless (2) such mistaken belief is founded upon
an official statement of law contained in a statute or other enactment, an administrative
order or grant of permission, a judicial decision of a state or federal court, or an interpretation of the statute or law relating to the offense, officially made or issued by a public
servant, agency or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such statute or law.
(1969, P.A. 828, S. 6.)
Defendant entitled as matter of law to a theory of defense instruction when evidence of defense under this section is
placed before jury. 178 C. 704, 708. Cited. 199 C. 537, 539. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94.
Subsec. (a):
Subdiv. (1) cited. 198 C. 454, 458, 460−463. Subdiv. (3) cited. 454, 458, 463−465. Cited. 210 C. 132, 139, 142. When
mistake of fact defense arises and when jury instruction re mistake of fact is required. 246 C. 268.
Subsec. (b):
Cited. 17 CA 326, 330, 331.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1969, P.A. 828, S. 7.)
See annotations to chapter 952, part V (former section 53-17).
Cited. 172 C. 65, 69. Cited. 173 C. 35, 47. Cited 176 C. 224, 227. Cited. 178 C. 480, 485. A defendant is entitled, as
matter of law, to a theory of defense instruction when evidence under this section is before jury. Id., 704, 708. Cited. 184
C. 121, 128. Cited. 185 C. 63, 70, 74, 81. Cited. 186 C. 414, 423, 424. Cited. 189 C. 611, 624, 626. Cited. 193 C. 632, 633,
635−637. Cited. 196 C. 341, 349. Cited. 198 C. 560, 570. Cited. Id., 644, 658. Cited. 199 C. 102, 106. Cited. 201 C. 190,
208, 210. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94. Cited. 210 C. 481, 494. Cited. 212 C. 195, 215. Cited. 217 C.
648, 649, 663, 668. Cited. 223 C. 41, 50. Cited. Id., 273, 279. Cited. 234 C. 139, 161.
Cited. 1 CA 260, 263. Cited. 6 CA 701−705. Cited. 10 CA 643, 651. Cited. 11 CA 122, 127, 133. Cited. 16 CA 358,
361. Cited. 22 CA 521, 529. Cited. 23 CA 315, 316, 321. Cited. Id., 502, 504. Cited. 24 CA 678, 680, 682. Cited. 25 CA
456, 459. Cited. 27 CA 73, 85, 88. Cited. 35 CA 699, 707. Cited. 37 CA 404, 417. Cited. 41 CA 361, 372. Cited. 44 CA
818. Application of section. 51 CA 345.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) A person who sells, delivers or provides any firearm, as defined in subdivision
(19) of section 53a-3, to another person to engage in conduct which constitutes an offense
knowing or under circumstances in which he should know that such other person intends
to use such firearm in such conduct shall be criminally liable for such conduct and shall
be prosecuted and punished as if he were the principal offender.
(1969, P.A. 828, S. 8; 1971, P.A. 871, S. 2; June Sp. Sess. P.A. 92-2.)
History: 1971 act specified that person who requests, commands, aids, etc. another in the commission of an offense
"may be prosecuted and punished as if he were the principal offender"; June Sp. Sess. P.A. 92-2 added Subsec. (b) re
criminal liability for the conduct of another person with a firearm.
Annotations to former section 54-196:
Cited. 34 C. 131; 48 C. 95; 114 C. 573; 126 C. 429; 147 C. 48, 633; 148 C. 459; 149 C. 23, 25; 153 C. 555. How
accessory may be indicted. 47 C. 119. Does not apply to purchase of liquors sold contrary to law. 50 C. 102. One on whom
an abortion is committed is not an accessory. 76 C. 342. All participants in crime are liable as principals. 80 C. 318; 97 C.
332. Information against; may be charged as principal; woman abetting carnal abuse of child. 82 C. 213. Effect of lack of
conviction of principal; if he has been convicted, record proves crime. 88 C. 164. Corroboration of testimony of; 75 C.
326; 84 C. 411; 97 C. 471; 105 C. 333; 108 C. 54; commenting on weight of, to jury. 72 C. 321; 76 C. 342; 84 C. 152.
Accessory after the fact not included. 92 C. 73. Charge held erroneous in failing to distinguish between mere presence and
participation. 96 C. 425. Count charging two as principals may be joined with count charging one as principal and the
other as accessory; proof that accused is accessory before the fact will support charge that he is a principal; court's refusal
to compel state to elect held no error. 98 C. 461. Any person who aids and assists in the commission of a crime is a principal.
99 C. 109. Application where defense is that crime was committed by accused's partner. 102 C. 637. Applies to all crimes,
even though statutory crime provides a special definition of accessory. 103 C. 140. Confession of one held not to require
separate trials for other participants. 97 C. 324. Accessory defined; charge held too favorable to accused. 105 C. 757.
Evidence held sufficient to sustain conviction of accomplice of first degree murder; 106 C. 701; of arson. 109 C. 403.
Where state claims accused employed W to set fire, accused not entitled to narrow instruction that W must be proved his
agent. 110 C. 63. Accessory may be charged with having actually committed the offense as principal, or he may be charged
as an accessory as for a substantive offense. 113 C. 767. Rule stated concerning the responsibility of those conspiring to
commit an unlawful act, for a homicide by one of them in carrying it out. 126 C. 59; 132 C. 45. Statute applies to physician
prescribing contraceptives. 126 C. 413; 129 C. 84. See 85 S. Ct. 1678, infra. One may be an accessory even though not
present actively aiding, abetting or being guilty of a positive act in the commission of an offense. 147 C. 7. Conviction of
executive director and medical director of planned parenthood center as accessories in violation of section 53-32 upheld.
151 C. 544. Providing information and advice re preventing conception and furnishing contraceptive devices to married
women constituted offense. Id. But conviction reversed due to finding of unconstitutionality of section 53-32. 85 S. Ct.
1678. Jury could reasonably have found defendant a principal offender hereunder in an aggravated assault by his son on
a police officer when defendant transported his son and two other men to scene of dispute over a traffic violation, refused
to show his car license and struggled with two arresting officers. 155 C. 531. Circumstantial evidence may support jury's
conclusion defendant confederated to commit a crime. 158 C. 124. Evidence of assistance by defendant in committing
other criminal acts against victim of assault with which defendant is charged. Admissible in court's discretion as admission
by conduct. 159 C. 169. As state's evidence showed defendants were in danger of being convicted of capital offense, bail
could be denied under section 8 of Article I of state constitution. 159 C. 285.
Cited. 26 CS 235.
Cited. 2 Conn. Cir. Ct. 553. Mere presence of defendant as an inactive companion would not make him an accessory.
3 Conn. Cir. Ct. 137.
Annotations to present section:
Passive acquiescence or doing of innocent acts which in fact aid in commission of crime, is insufficient to support
conviction under accessory statute. 169 C. 581, 585. To establish guilt of accused as accessory under this section governing
criminal liability for conduct of another, state must prove criminality of intent and community of unlawful purpose. 170
C. 332, 335. Cited. Id., 417, 433. Cited. 172 C. 322. Cited. 174 C. 500, 507, 508; 175 C. 155−158, 160, 164; 176 C. 131,
132. Propriety of a charge on aiding and abetting predicated on sufficiency of evidence heard during trial. 176 C. 508, 510,
513. Cited. 177 C. 140, 145. Cited. 178 C. 163, 171; id., 689, 690, 694, 698. Cited. 179 C. 1, 2, 13, 14. Jury instruction an
intent under statute discussed. 182 C. 366, 376, 378−381. Cited. Id., 501, 505. Cited. 184 C. 369, 373, 377−379. Cited.
185 C. 163, 164; Id., 260, 262, 268, 270, 274. Cited. 187 C. 513, 531. Cited. 188 C. 432, 468. Cited. 188 C. 542, 549.
Cited. 189 C. 337−339, 342; Id., 383−385, 399, 400. Cited. 190 C. 822, 829−832. Cited. 191 C. 27, 28; Id., 659, 664. Cited.
192 C. 383, 384. Cited. 194 C. 96, 97, 112. Cited. Id., 198, 207. Cited. 195 C. 128, 129. Cited. Id., 598, 604. Cited. 196
C. 225−227. Cited. 197 C. 436, 439. Cited. 198 C. 158, 160, 161, 164−166. Cited. Id., 255, 268, 271, 272. Cited. Id., 328,
329. Cited. 199 C. 14, 17. Cited. Id., 473, 480, 481. Cited. Id., 591, 592. Cited. Id., 693, 694, 711, 712. Cited. 200 C. 9,
10. Cited. Id., 523−525, 535, 536. Cited. Id., 685−687, 693. Cited. 201 C. 125, 129−132. Cited. Id., 289, 290, 294. Cited.
Id., 395, 416−418. Cited. Id., 489, 493, 495. Cited. 202 C. 520, 521, 523−525, 530, 531, 533. Cited. Id., 615 617. Cited.
203 C. 420, 421. Cited. 204 C. 240−242, 257. Cited. Id., 630, 631, 634−636, 638. Cited. 207 C. 323, 324. Cited. 208 C.
38, 40, 43, 49. Cited. 209 C. 75, 93, 94. Cited. Id., 290, 305−307. Cited. Id., 458, 460. Cited. 210 C. 435, 436, 438. Cited.
211 C. 1, 2. Cited. Id., 289, 292, 296, 300, 301, 316. Cited. Id., 398, 399, 409. Cited. 212 C. 593, 598, 601−603, 606. Cited.
213 C. 708, 710, 711. Cited. 214 C. 122, 123. Cited. Id., 344, 347. Cited. Id., 454, 457. Cited. 215 C. 570, 576, 579, 580,
587. Cited. Id., 716, 719, 727. Cited. Id., 739, 740, 743. Cited. 216 C. 367, 369, 385, 386. Cited. Id., 492, 493. Cited. 217
C. 243, 244, 248, 250, 251. Cited. 219 C. 596, 597. Cited. 220 C. 270, 272. Cited. 221 C. 430, 437. Cited. Id., 925. Cited.
222 C. 469, 470. Cited. 223 C. 243, 245, 257−259, 263, 265, 267. Cited. Id., 384, 385, 402, 410. Cited. Id., 595, 597, 603,
609. Cited. Id., 703, 705. Cited. 225 C. 270, 282, 285, 286. Cited. Id., 347, 348. Cited. 227 C. 32, 50. Cited. Id., 207, 209,
210. Cited. Id., 231, 233. Cited. 228 C. 582, 584. Cited. Id., 918. Cited. 230 C. 351, 353, 354. Cited. Id., 608, 610. Cited.
Id., 686, 688, 690, 694. Cited. Id., 698, 723. Cited. 231 C. 545, 547, 549, 554. Cited. 232 C. 455, 457, 458. Cited. 233 C.
304, 331. Cited. 234 C. 683, 684. Cited. 235 C. 402−404. Cited. Id., 473, 474. Cited. Id., 748, 750. Cited. 236 C. 514, 516.
Cited. 237 C. 518. Cited. 238 C. 784. Cited. 239 C. 235. Cited. 240 C. 395. Cited. Id., 727. Cited. 241 C. 1. Cited. Id., 322.
Cited. Id., 502. Cited. Id., 702. Cited. 242 C. 125. Cited. Id., 211. Cited. Id., 409. Cited. Id., 666.
Cited. 4 CA 676, 678. Cited. 7 CA 503, 504. Cited. Id., 701, 702, 705, 707. Cited. 9 CA 161, 162, 164−167. Cited. Id.,
228, 239. Cited. 11 CA 575, 581, 582−584. Cited. Id., 621−623, 625. Cited. Id., 699, 702, 707. Cited. Id., 805. Cited. 12
CA 1, 19, 22, 23, 28. "... being an accessory to a breach of the peace is a cognizable crime ..." Id., 74, 75, 79. Cited. Id.,
343, 344. Cited. 13 CA 76, 86. Cited. Id., 554−556. Cited. 14 CA 1, 2. Cited. Id., 205−207. Cited. Id., 445, 446, 448, 449.
Cited. Id., 472−474. Cited. Id., 493, 496. Cited. 15 CA 122, 123, 126. Cited. 15 CA 416, 417. Cited. 16 CA 89, 90. Cited.
Id., 333, 334. Cited. Id., 455, 456. Cited. 17 CA 50, 51. Cited. 18 CA 175, 176. Cited. Id., 184, 191, 192. Cited. Id., 730,
731. Cited. 19 CA 179, 180. Cited. 20 CA 410, 411. Cited. Id., 665−667, 670. Cited. 22 CA 216, 220. Cited. 22 CA 329,
330. Cited. Id., 340, 347. Cited. 23 CA 123, 125. Cited. 25 CA 318, 319. Cited. Id., 565, 569. Cited. Id., 646, 649. Cited.
26 CA 33, 43. Cited. Id., 641, 645, 647, 659. Cited. Id., 779, 780. Cited. 27 CA 1, 3, 5, 6, 9. Cited. Id., 558, 559, 567. Cited.
28 CA 126, 127, 133. Cited. Id., 306−308. Cited. Id., 474, 475. Cited. Id., 575, 576. Cited. Id., 721, 722. Cited. 29 CA 59,
60, 63, 64. Cited. Id., 304, 305. Cited. Id., 499, 501, 504. Cited. 30 CA 190, 191. Cited. Id., 232, 234, 243, 245. Cited. 31
CA 47, 48, 52. Cited. Id., 614, 617, 620. Cited. 32 CA 224, 226. Cited. Id., 831, 832, 837, 839, 840. Cited. 33 CA 143,
144, 149, 150. Cited. Id., 288, 289, 292. Cited. 34 CA 223, 224, 226, 230, 231. Cited. Id., 717, see 37 CA 509 et seq. Cited.
35 CA 138, 141, 142, 147. Cited. Id., 360, 361, 370. Cited. Id., 527, 528. Cited. Id., 781−783. Cited. 36 CA 190, 191, 202,
203. Cited. Id., 454, 456. Cited. Id., 473, 474. Cited. Id., 753, 762. Cited. Id., 774, 775. Cited. 37 CA 35, 38, 39. Cited.
Id., 40, 42, 50, 51, 54, 55. Cited. Id., 276, 297, 298. Cited. Id., 509, 511. Cited. Id., 574, 575. Cited. 38 CA 777, 779, 785,
790, 792, 793. Cited. 39 CA 224−226. Cited. Id., 242, 244. Cited. Id., 579, 580, 581. Cited. 40 CA 47, 55, 57. Cited. Id.,
470, 471, 481. Cited. Id., 526, 527, 530. Cited. Id., 789, 791. Cited. 41 CA 47, 49. Cited. Id., 565, 566. Cited. 42 CA 555.
Cited. 44 CA 499. Cited. Id., 790. Cited. 45 CA 270. Cited. 46 CA 269. Cited. Id., 640. Cited. Id., 778. Statute does not
provide for a separate, substantive offense but provides alternate means by which the underlying substantive crime may
be committed. 49 CA 121. Fact that defendant not formally charged as accessory does not preclude a conviction as such.
Id., 183.
Defendant who operated boat while brother stole lobsters was criminally liable for intentionally aiding brother in the
conduct that constituted the liable for intentionally aiding brother in the conduct that constituted the offense. 37 CS 809,
813. Cited. 38 CS 301, 302, 309. Cited. 40 CS 38.
Subsec. (a):
Cited. 230 C. 351, 353. Cited. Id., 686, 688, 694. Cited. 238 C. 784. Cited. 241 C. 322. Cited. Id., 502. Cited. 242 C. 485.
Cited. 31 CA 47, 48. Cited. Id., 614, 615. Cited. 33 CA 143, 144. Cited. Id., 288, 289. Cited. 35 CA 138, 146. Cited.
36 CA 454, 456. Cited. 37 CA 35, 37. Cited. Id., 40, 42. Cited. Id., 464−466. Cited. Id., 574, 575. Cited. 38 CA 777, 779.
Cited. 39 CA 333, 339. Cited. 40 CA 47, 48. Cited. Id., 526, 527. Cited. 42 CA 555. Cited. 44 CA 499. Cited. 46 CA 269.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1969, P.A. 828, S. 9.)
See annotations to section 53a-8.
Cited. 179 C. 1, 13−16. Cited. 209 C. 75, 93, 94. Cited. 242 C. 409.
Cited. 35 CA 138, 147. Cited. Id., 360, 371.
Subdiv. (1):
Cited. 179 C. 1, 15.
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(b) For purposes of this section, 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 probability of detection or
apprehension or which make more difficult the accomplishment of the criminal purpose.
Renunciation is not complete if it is motivated by a decision to postpone the criminal
conduct until a more advantageous time or to transfer the criminal effort to another but
similar objective or victim.
(1969, P.A. 828, S. 10; 1971, P.A. 871, S. 3.)
History: 1971 act deleted word "affirmative" modifying "defense" in Subsec. (a).
See annotations to section 53a-8.
Cited. 176 C. 451, 466. A defendant is entitled, as matter of law, to a theory of defense instruction when evidence under
this section is before jury. 178 C. 704, 708. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94. Cited. 225 C. 270, 275, 281,
282, 284−286. Cited. 242 C. 409.
Cited. 22 CA 216, 219−221. Cited. 40 CA 526, 527, 530.
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(1969, P.A. 828, S. 11; P.A. 00-11.)
History: P.A. 00-11 included conduct performed in the name of or in behalf of a limited liability company and made
technical changes for purposes of gender neutrality.
Cited. 209 C. 75, 93, 94. Cited. 242 C. 345.
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(b) When a defense declared to be an affirmative defense is raised at a trial, the
defendant shall have the burden of establishing such defense by a preponderance of the
evidence.
(1969, P.A. 828, S. 12.)
Cited. 186 C. 414, 420. Cited. 191 C. 659, 663. Cited. 196 C. 519, 528. Instructing the jury that it was the state's burden
to prove intent beyond a reasonable doubt did not adequately inform the jury that it was the state's burden to disprove
duress beyond a reasonable doubt. 199 C. 273, 277, 280. Cited. 204 C. 240, 249. Cited. 209 C. 75, 93, 94. Cited. Id., 733,
740. Cited. 218 C. 349, 380. Cited. 219 C. 314, 331. Cited. 225 C. 450, 457. Cited. 227 C. 456, 475. Cited. 228 C. 281,
302. Cited. 230 C. 183, 184, 222. Cited. 236 C. 342, 351.
Cited. 6 CA 701, 702. Cited. 8 CA 667, 670, 671. Cited. 10 CA 697, 708. Cited. 11 CA 665, 669, 670. Cited. 14 CA
511, 514. Cited. 17 CA 200, 203, 204. Cited. Id., 502, 515; judgment reversed, see 213 C. 579 et seq.
Cited. 34 CS 612, 617. Statute does not become constitutionally vulnerable by reason of imposing on defendants the
burden of establishing affirmative defenses. 35 CS 555, 563.
Subsec. (a):
Cited. 186 C. 414, 423; Id., 654, 661. Cited. 188 C. 237, 241, 244; Id., 653, 660. Cited. 194 C. 376, 384, 388, 390.
Cited. 203 C. 212, 231. Cited. 204 C. 240, 249, 250. Cited. 209 C. 322, 335. Cited. 210 C. 110, 128. Cited. 220 C. 602,
619. Cited. 228 C. 335, 340. Cited. 231 C. 484, 493. Cited. 232 C. 537, 545. Cited. 233 C. 1, 9. Cited. 234 C. 381, 388.
Cited. 236 C. 342, 352.
Cited. 3 CA 289, 293. Cited. 5 CA 338, 340, 341. Cited. 10 CA 643, 647. Cited. Id., 697, 708. Cited. 11 CA 102, 111,
116. Cited. 17 CA 97, 99. Cited. Id., 502, 510; judgment reversed, see 213 C. 579 et seq. Cited. 20 CA 75, 82. Cited. 24
CA 556, 561. Cited. Id., 624, 633. Cited. 29 CA 262, 271. Cited. 31 CA 140, 144. Cited. 33 CA 782, 788. Cited. 34 CA
368, 383; see also 233 C. 517 et seq. Cited. 46 CA 216.
Cited. 38 CS 619, 623.
Subsec. (b):
Cited. 182 C. 388, 390. Cited. 193 C. 695, 731. Cited. 207 C. 374, 385. Cited. 209 C. 733, 740, 752. Cited. 214 C. 540,
547. Cited. 217 C. 648, 670. Cited. 227 C. 456, 475. Cited. 228 C. 281, 302. Cited. 229 C. 328, 334. Cited. 230 C. 351,
362. Cited. 233 C. 403, 415. Cited. 236 C. 189, 198, 201. Cited. Id., 342, 353. Cited. 242 C. 93.
Cited. 11 CA 102, 116. Cited. 12 CA 32, 36. Cited. 14 CA 511, 514. Cited. 20 CA 342, 344. Cited. 24 CA 678, 680.
Cited. Id., 670, 676. Cited. 28 CA 91, 96.
Held unconstitutional insofar as it places a burden of proof on the defense. 33 CS 28, 31.
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(b) It shall not be a defense under this section if such mental disease or defect was
proximately caused by the voluntary ingestion, inhalation or injection of intoxicating
liquor or any drug or substance, or any combination thereof, unless such drug was prescribed for the defendant by a prescribing practitioner, as defined in subdivision (22)
of section 20-571, and was used in accordance with the directions of such prescription.
(c) As used in this section, the terms mental disease or defect do not include (1) an
abnormality manifested only by repeated criminal or otherwise antisocial conduct or
(2) pathological or compulsive gambling.
(1969, P.A. 828, S. 13; P.A. 79-49; P.A. 81-301, S. 1; P.A. 83-486, S. 1; P.A. 95-264, S. 64.)
History: P.A. 79-49 clarified section by adding provisions concerning effect of use of drugs, intoxicating liquors or
combinations of them on defense plea; P.A. 81-301 replaced the provision that "it shall be a defense that the defendant"
lacked substantial capacity with "a defendant may be found guilty but not criminally responsible if" he lacked substantial
capacity due to mental disease or defect, and replaced "It shall not be a defense under this section" with "A finding of
criminal responsibility shall not be barred"; P.A. 83-486 divided section into Subsecs., amended Subsec. (a) by replacing
"a defendant my be found guilty but not criminally responsible if" with "it shall be an affirmative defense that the defendant",
and rephrasing parts of said Subsec., amended Subsec. (b) by replacing "A finding of criminal responsibility shall not be
barred" with "It shall not be a defense under this section" and amended Subsec. (c) by providing that mental disease or
defect does not include "pathological or compulsive gambling"; P.A. 95-264 amended Subsec. (b) to change "licensed"
practitioner to "prescribing" practitioner and referenced the definition section (Revisor's note: The reference in Subsec.
(b) to "prescribing practitioner, as defined in subdivision (21) of ..." was corrected editorially by the Revisors to "prescribing
practitioner, as defined in subdivision (22) of ...").
See Sec. 54-89a re court instructions to jury.
Annotations to former section 54-82a:
Prior to adoption of statute: Degree of incapacity to render person criminally irresponsible. 39 C. 591; 87 C. 5. Statute
adopted test of insanity in model penal code. 157 C. 209, 212. State may in first instance rely on presumption that defendant
was sane at time of offense. 158 C. 341, 354. The common law standard of insanity is applicable in a case in which the
verdict and judgment was rendered five months prior to the effective date of section 54-82a. 159 C. 385, 401, 403.
Annotations to present section:
Cited. 169 C. 13, 25. Trial court did not err in concluding that the evidence was inadequate to raise the reasonable doubt
as to the defendant's sanity necessary to warrant submitting the issue to the jury. 173 C. 35, 43. Once substantial evidence
tending to prove insanity is introduced, the presumption that the defendant was sane loses all operative effect. 173 C. 140,
142. Whether a defendant has put his sanity in issue is a question of law, and once the sanity of the defendant has become
an issue the state has the burden of proving the defendant sane beyond a reasonable doubt. 175 C. 204, 208. Cited. 176 C.
224, 227. State's affirmative evidence was sufficient to support conclusion that state had established sanity beyond a
reasonable doubt. 178 C. 480, 482. Contains only standard to determine insanity; previously accepted common law definitions and the "Durham" rule included in court instructions constituted harmful error. Id., 626, 627, 631−633. A defendant
is entitled to a theory of defense instruction as a matter of law when evidence under this section is before jury. Id., 704,
708. Cited. 182 C. 142, 168; Id., 603, 605, 607, 611. Cited. 185 C. 402, 425. Cited. 187 C. 73, 85, 86; Id., 199, 202, 203.
Cited. 189 C. 360, 361. Cited. 191 C. 73; Id., 636, 648. Cited. 192 C. 571, 573. Cited. 193 C. 70, 85, 86, 89. Cited. 193 C.
474, 478, 481, 488. Cited. 196 C. 430−432, 437. Cited. 198 C. 53, 56. Cited., Id., 77−79, 81, 84, 86. Cited. Id., 124, 125,
133, 134. Cited. Id., 314, 320. Cited. Id., 386, 389. Cited. Id., 598, 606. Cited. 200 C. 607, 610. Cited. 201 C. 190, 201.
Cited. Id., 211, 217. Cited. 202 C. 86, 91. Cited. 203 C. 212, 214, 215, 217, 231, 243. Cited. 206 C. 229, 231. Cited. 208
C. 125, 127, 128. Cited. 209 C. 75, 93, 94. Cited. Id., 416, 419, 420. Cited. 211 C. 151, 157. Cited. Id., 591, 597. Cited.
218 C. 151, 153. Cited. Id., 349, 351. Cited. Id., 766, 769. Cited. 225 C. 114, 138. Cited. Id., 450, 457, 459. Cited. 227 C.
448, 450. Cited Id., 456, 475. Cited. 228 C. 281, 302. Cited. 229 C. 328, 329. Cited. 230 C. 183, 184, 222. Cited. Id., 400,
405. Cited. 234 C. 139, 162. Cited. 242 C. 605.
The inclusion in the court's charge of language concerning the defendant's capacity to distinguish right from wrong,
which involved the abandoned M'Naghten test, was error. 1 CA 697, 700, 701, 703, 705, 706. Cited. 8 CA 307, 309. Cited.
10 CA 302, 318, 323. Cited. 12 CA 32, 34, 41. Cited. 14 CA 511, 513, 515. Cited. 20 CA 342, 343. Cited. 22 CA 669,
677. Cited. 46 CA 486. Cited. Id., 734.
State does not have to produce expert witnesses in order to sustain a conviction against a claim of insanity but may rely
upon all the evidence in the case to carry its burden. 33 CS 704, 710.
Subsec. (a):
Cited. 200 C. 607, 610. Cited. 201 C. 174, 186. Cited. 218 C. 349, 379. Cited. 225 C. 114, 136, 138. Does not violate
due process prohibition against relieving state of its burden of proving every element of crime beyond a reasonable doubt;
court finds no constitutional requirement that sanity be considered an essential element of crime to be proved by state. Id.,
450, 454, 457, 458, 460, 465, 470−472. Cited. 236 C. 189−191, 200−202, 205. Cited. 242 C. 605.
Cited. 14 CA 511, 515. Cited. 20 CA 342, 344. Cited. 35 CA 94, 107; judgment reversed, see 235 C. 185 et seq. Cited.
44 CA 70. Cited. 46 CA 734. Defendant not entitled to a jury instruction that distinguishes between legal and societal
standards of wrongfulness if defendant fails to present any evidence that, at the time of the killing, he was aware that his
actions were illegal but believed that they did not offend societal morality. 50 CA 312.
Subsec. (b):
Cited. 218 C. 151, 155. Cited. 227 C. 456, 483. Cited. 228 C. 281, 310.
Cited. 12 CA 32, 40.
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(1969, P.A. 828, S. 14.)
A defendant is entitled to a theory of defense instruction as matter of law when evidence under this section is before
jury. 178 C. 704, 708. Duress as defense discussed. 184 C. 157, 162, 163. Instruction to jury that it was the state's burden
to prove intent beyond a reasonable doubt did not adequately inform the jury that it was the state's burden to disprove
duress beyond a reasonable doubt. 199 C. 273, 276−278. Cited. 201 C. 211, 217. Cited. 204 C. 240, 242, 249, 250. Cited.
209 C. 75, 93, 94.
Cited. 15 CA 34, 39, 41. Cited. 26 CA 367, 370. Cited. 46 CA 486.
Cited. 34 CS 612, 615.
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(1969, P.A. 828, S. 15.)
Cited. 173 C. 197, 200, 202. Cited. Id., 431, 435. A defendant is entitled to a theory of defense instruction as a matter
of law when evidence under this section is before jury. 178 C. 704, 708. Cited. 195 C. 70, 73. Cited. 201 C. 211, 217.
Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94. Cited. 229 C. 60, 61, 64, 81, 83, 84.
Cited. 8 CA 158, 164. Cited. 20 CA 395, 398. Cited. 21 CA 326, 328. Cited. 23 CA 392, 396, 400. Cited. 30 CA 470,
476, 477, 483−485. Cited. 42 CA 751. Cited. 46 CA 486.
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(1969, P.A. 828, S. 16.)
A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before
jury. 178 C. 704, 708. Cited. 188 C. 237, 241. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94.
Cited. 3 CA 289, 293. Cited. 8 CA 667, 670, 671. Cited. 10 CA 643, 647. Cited. Id., 697, 707. Cited. 11 CA 665, 671.
Cited. 17 CA 200, 203. Cited. Id., 326, 329, 330. Cited. Id., 602, 616. Cited. 18 CA 303, 308. Cited. 24 CA 195, 210. Cited.
31 CA 58, 68. Cited. Id., 140, 144, 148. Cited. 45 CA 390.
Cited. 38 CS 619, 623.
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(P.A. 75-380, S. 2; P.A. 81-27, S. 4; P.A. 92-260, S. 1.)
History: P.A. 81-27 removed references to prosecutions under repealed sections 53a-72, 53a-75 and 53a-78; P.A. 92-
260 made technical changes.
A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before
jury. 178 C. 704, 708. Cited. 198 C. 190, 196. Cited. 209 C. 75, 93, 94.
Cited. 23 CA 615, 617. Cited. 24 CA 195, 210. Cited. 45 CA 390.
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(P.A. 75-380, S. 13; P.A. 92-260, S. 2.)
History: P.A. 92-260 made technical changes.
A defendant is entitled to a theory of defense instruction as a matter of law where evidence under this section is before
jury. 178 C. 704, 708. Cited. 209 C. 75, 93, 94.
Cited. 23 CA 615, 617. Cited. 24 CA 195, 210. Cited. 45 CA 390.
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(1969, P.A. 828, S. 17.)
A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before
jury. 178 C. 704, 708. Cited. 197 C. 588. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94. Cited. Id., 322, 349.
Cited. 8 CA 667, 670, 671. Cited. 18 CA 303, 308. Cited. 21 CA 138, 144, 145. Cited. 23 CA 615, 617. Cited. 24 CA
195, 210. Cited. 45 CA 390.
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(1) A parent, guardian or other person entrusted with the care and supervision of a
minor or an incompetent person, except a person entrusted with the care and supervision
of a minor for school purposes as described in subdivision (6) of this section, may use
reasonable physical force upon such minor or incompetent person when and to the extent
that he reasonably believes such to be necessary to maintain discipline or to promote
the welfare of such minor or incompetent person.
(2) An authorized official of a correctional institution or facility may, in order to
maintain order and discipline, use such physical force as is reasonable and authorized
by the rules and regulations of the Department of Correction.
(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction, may use reasonable physical force when
and to the extent that he reasonably believes such to be necessary to maintain order, but
he may use deadly physical force only when he reasonably believes such to be necessary
to prevent death or serious physical injury.
(4) A person acting under a reasonable belief that another person is about to commit
suicide or to inflict serious physical injury upon himself may use reasonable physical
force upon such person to the extent that he reasonably believes such to be necessary
to thwart such result.
(5) A duly licensed physician or psychologist, or a person acting under his direction,
may use reasonable physical force for the purpose of administering a recognized form
of treatment which he reasonably believes to be adapted to promoting the physical or
mental health of the patient, provided the treatment (A) is administered with the consent
of the patient or, if the patient is a minor or an incompetent person, with the consent of
his parent, guardian or other person entrusted with his care and supervision, or (B) is
administered in an emergency when the physician or psychologist reasonably believes
that no one competent to consent can be consulted and that a reasonable person, wishing
to safeguard the welfare of the patient, would consent.
(6) A teacher or other person entrusted with the care and supervision of a minor for
school purposes may use reasonable physical force upon such minor when and to the
extent he reasonably believes such to be necessary to (A) protect himself or others from
immediate physical injury, (B) obtain possession of a dangerous instrument or controlled
substance, as defined in subdivision (9) of section 21a-240, upon or within the control
of such minor, (C) protect property from physical damage or (D) restrain such minor
or remove such minor to another area, to maintain order.
(1969, P.A. 828, S. 18; 1971, P.A. 871, S. 4; P.A. 73-205, S. 6; P.A. 89-186, S. 1, 2; P.A. 90-43; P.A. 92-260, S. 3.)
History: 1971 act specified that force used in Subdivs. (1), (3), (4) and (5) must be "reasonable" physical force; P.A.
73-205 deleted language specifically forbidding use of "deadly physical force" in Subdiv. (1); P.A. 89-186 added new
Subdiv. (6) re the use of reasonable physical force by a teacher or other person entrusted with the care and supervision
of a minor for school purposes and amended Subdiv. (1) accordingly; P.A. 90-43 applied provisions of Subdiv. (5) to
psychologists; P.A. 92-260 amended Subdivs. (1), (3), (4) and (6) to make technical change by replacing "it is necessary"
with "such to be necessary".
A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before
jury. 178 C. 704, 708. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94. Cited. 234 C. 455, 465. Cited. 242 C. 211.
Cited. 8 CA 517, 521, 522. Cited. Id., 667, 670, 671. Cited. 23 CA 615, 617. Cited. 24 CA 195, 210. Cited. 45 CA 390.
Cited. 43 CS 46, 66.
Subdiv. (1):
Cited. 8 CA 517, 521, 522. Cited. 20 CA 75, 77, 82, 83.
Subdiv. (5):
Cited. 201 C. 211, 216.
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(b) Notwithstanding the provisions of subsection (a) of this section, a person is not
justified in using deadly physical force upon another person if he knows that he can
avoid the necessity of using such force with complete safety (1) by retreating, except
that the actor shall not be required to retreat if he is in his dwelling, as defined in section
53a-100, or place of work and was not the initial aggressor, or if he is a peace officer
or a private person assisting such peace officer at his direction, and acting pursuant to
section 53a-22, or (2) by surrendering possession of property to a person asserting a
claim of right thereto, or (3) by complying with a demand that he abstain from performing
an act which he is not obliged to perform.
(c) Notwithstanding the provisions of subsection (a) of this section, a person is not
justified in using physical force when (1) with intent to cause physical injury or death
to another person, he provokes the use of physical force by such other person, or (2) he
is the initial aggressor, except that his use of physical force upon another person under
such circumstances is justifiable if he withdraws from the encounter and effectively
communicates to such other person his intent to do so, but such other person notwithstanding continues or threatens the use of physical force, or (3) the physical force involved was the product of a combat by agreement not specifically authorized by law.
(1969, P.A. 828, S. 19; 1971, P.A. 871, S. 5; P.A. 92-260, S. 4.)
History: 1971 act specified that "reasonable" physical force is justified in Subsec. (a); P.A. 92-260 made technical
changes.
Cited. 166 C. 226, 230. A defendant is entitled to a theory of defense instruction as a matter of law where evidence
under this section is before jury. 178 C. 704, 708. Cited. 182 C. 66, 73. Duty of retreat where aggressor is co-occupant of
dwelling discussed. 185 C. 372, 377, 379, 383. Cited. 188 C. 237, 240; Id., 653, 658, 661−663, 665−667, 669. Cited. 194
C. 376, 377, 387, 388, 391. Cited. 196 C. 519, 521. Cited. 198 C. 454, 463, 468, 470. Cited. 199 C. 383−387. Cited. 200
C. 743, 745. Cited. 203 C. 466, 467, 469, 470. Cited. 204 C. 240, 250. Cited. 206 C. 621, 626. Cited. 207 C. 191, 192.
Cited. 209 C. 34, 45, 46, 48. Cited. Id., 75, 93, 94. Cited. Id., 322, 330, 348, 349. Determined failure to instruct jury that
defense of self-defense was applicable to lesser included offense was harmless error and reversed judgment of appellate
court in State v. Hall, 17 CA 502. 213 C. 579, 583, 585−587. Cited. Id., 593, 596, 598−601. Cited. 219 C. 295, 296. Cited.
220 C. 602, 618−620. Cited. 226 C. 917. Cited. 227 C. 518, 519, 523, 525, 526, 532, 533. Cited. 228 C. 335, 338, 341,
342. Cited. Id., 851, 852. Cited. 231 C. 484, 485, 492. Cited. 232 C. 537, 544, 545. Cited. 233 C. 1, 5. Cited. Id., 517, 520.
Cited. 234 C. 381, 383. Cited. 235 C. 274, 278, 285, 287. Cited. 242 C. 211.
Cited. 1 CA 609, 619. Cited. 5 CA 590, 596. Cited. 7 CA 223, 230. Cited. Id., 457, 468. Cited. 8 CA 667, 670, 671,
672A. Cited. 10 CA 643, 647. Cited. 13 CA 139, 145. Cited. 15 CA 34, 35, 39. Cited. 16 CA 264, 270. Cited. 17 CA 200,
201, 203, 205. Cited. Id., 326, 330. Cited. Id., 502, 509; judgment reversed, see 213 C. 579 et seq. Cited. 19 CA 576, 578.
Cited. Id., 609, 612, 616. Cited. 20 CA 430, 431, 435. Cited. 23 CA 28, 32. Cited. Id., 615, 617. Cited. 24 CA 195, 210.
Cited. Id., 541, 543. Cited. Id., 586, 587. Cited. Id., 624, 631, 635. Cited. 25 CA 456, 462−464. Cited. 27 CA 49, 58. Cited.
28 CA 469, 471. Cited. Id., 833, 836−838; judgment reversed, see 227 C. 518 et seq. Cited. 29 CA 262, 272. Cited. 30 CA
95, 107; judgment reversed, see 228 C. 147 et seq. Cited. Id., 406, 412; judgment reversed, see 228 C. 335 et seq. Cited.
31 CA 58, 61, 69. Cited. Id., 140, 143, 148. Cited. 32 CA 687, 689, 694, 698, 700. Cited. 33 CA 616, 618. Cited. Id., 782,
788, 789. Cited. 34 CA 58, 67; judgment reversed, see 232 C. 537 et seq. Cited. Id., 368, 374−376; see also 233 C. 517 et
seq. Cited. 36 CA 506, 509. Cited. 39 CA 563, 566, 568, 570, 571. Cited. 40 CA 189, 195, 207, 208. Cited. Id., 805, 813,
814. Cited. 41 CA 255, 273, 274. Cited. Id., 584, 592. Cited. 42 CA 348. Cited. 43 CA 488. Cited. 44 CA 62. Cited. 45
CA 390. Cited. 46 CA 216. Sufficiency of jury instructions re duty to retreat discussed. 48 CA 755. Statute construed to
apply to person who also is usually lodged in those premises at night. 54 CA 26.
Cited. 34 CS 612, 615. Use of deadly force not justified when attack by assailants on third person had stopped and
assailants were leaving. 35 CS 570, 574. Cited. 38 CS 619, 622, 623. Cited. 43 CS 46, 66.
Subsec. (a):
Cited. 185 C. 372, 378. Cited. 186 C. 654, 659. Cited. 187 C. 199, 202. Cited. 188 C. 237, 242; Id., 653, 664, 668.
Cited. 194 C. 376, 388−390. Cited. 198 C. 454, 464−466, 470, 475. Cited. 199 C. 383, 387. Cited. 203 C. 466, 470. Cited.
209 C. 322, 348. Cited. 213 C. 579, 585, 586. Cited. 225 C. 916. Cited. 228 C. 335, 336, 338, 340. Cited. Id., 335, 339.
Cited. 231 C. 484, 492. Cited. 232 C. 537, 546. Cited. 234 C. 381, 389. Cited. 235 C. 274, 285, 286, 292, 293.
Cited. 3 CA 289, 290. Cited. 5 CA 338, 340−343. Cited. 7 CA 457, 469. Cited. 20 CA 430, 433. Cited. 22 CA 521,
528. Cited. 23 CA 28, 37. Cited. 24 CA 541, 543. Cited. Id., 586, 587. Cited. 25 CA 456, 462. Cited. Id., 734, 737. Cited.
28 CA 469, 471−473. Cited. 29 CA 262, 270, 273. Cited. Id., 754, 769. Cited. 30 CA 406, 409−411, 413, 414; judgment
reversed, see 228 C. 335 et seq. Cited. Id., 406, 411; judgment reversed, see 228 C. 335 et seq. Subdiv. (2) cited. Id.;
judgment reversed, see 228 C. 335 et seq. Cited. 31 CA 385, 389, 394, 395. Cited. 32 CA 687, 692, 694. Cited. 33 CA
782, 789. Cited. 34 CA 368, 376, 383, 384; see also 233 C. 517 et seq. Cited. 39 CA 563, 570. Cited. 40 CA 189, 206,
210. Cited. Id., 805, 810, 814.
Subsec. (b):
Cited. 185 C. 372, 378. Cited. 186 C. 654, 659, 662, 663. Cited. 188 C. 653, 663. Cited. 194 C. 376, 388. Cited. 198
C. 454, 466, 470. Cited. 199 C. 383, 387. Cited. 203 C. 466, 470, 471. Cited. 209 C. 34, 46, 47. Subdiv. (1) cited. Id., 322,
339, 340, 342. Cited. 213 C. 579, 585. Subdiv. (1) cited. 219 C. 295, 301. Cited. 227 C. 518, 519, 529, 531. Cited. 228 C.
335, 338. Cited. 229 C. 916, 917, see also 35 CA 520 et seq. Cited. 231 C. 484, 492. Subdiv. (1) cited. 233 C. 517, 520.
Cited. 19 CA 576, 579. Cited. 23 CA 28, 37. Cited. 24 CA 624, 632, 635. Cited. 28 CA 833, 840; judgment reversed,
see 227 C. 518 et seq. Cited. 30 CA 406, 410, 411, 414; judgment reversed, see 228 C. 335 et seq. Subdiv. (1) cited. 31
CA 385, 389. Subdiv. (1) cited. 32 CA 687, 699. Cited. 33 CA 782, 789, 794, 795, 797. Subdiv. (1) cited. Id., 782, 790.
Subdiv. (1) cited. 34 CA 368, 374; see also 233 C. 517 et seq. Subdiv. (1) cited Id., 610, 616, 617. Cited. Id., 610, 617−
619. Cited. 39 CA 563, 570, 571. Cited. 40 CA 189, 211, 212. Cited. Id., 624, 630. Cited. 43 CA 488. Cited. 44 CA 62.
Retreat exception applies to a dwelling, not to a superior right to being outside the dwelling. 47 CA 91.
Subsec. (c):
Cited. 188 C. 653, 664, 668. Cited. 194 C. 376, 388−390. Cited. 198 C. 454, 455, 466, 468−471, 475. Cited. Id., 454,
471. Cited. 213 C. 579, 585. Subdiv. (2) cited. 219 C. 295, 296, 298, 300, 301. Subdiv. (2) cited. 221 C. 58, 76. Subdiv.
(3) cited. Id. Cited. 228 C. 335, 338. Subdiv. (2): Person who first uses physical force is not necessarily the initial aggressor
under this section. Judgment of appellate court in State v. Jimenez, 30 CA 406, reversed. Id., 335, 339, 340. Subdiv. (2)
cited. 232 C. 537, 546. Subdiv. (2) cited. 235 C. 274, 292, 294. Subdiv. (1) cited. Id., 274, 294. There was no occasion for
trial court to instruct the jury on initial aggressor doctrine under Subdiv. (2) when the state did not claim that defendant
was the initial aggressor. 246 C. 268.
Subdiv. (1) cited. 7 CA 223, 235. Subdiv. (2) cited. Id. Subdiv. (1): Provocation element carries with it requirement
that actor act with specific intent to elicit use of physical force by another. 19 CA 609, 610, 612−617. Subdiv. (2) cited.
Id., 609, 616. Cited. 20 CA 430, 433. Cited. 22 CA 521, 530. Subdiv. (2) cited. 23 CA 28, 36. Cited. 30 CA 406, 409−412,
414; judgment reversed, see 228 C. 335 et seq. Subdiv. (2) cited. Id., 406, 411; judgment reversed, see 228 C. 335 et seq.
Subdiv. (1) cited. 33 CA 616, 618. Cited. Id., 782, 789. Subdiv. (1) cited Id., 782, 790. Subdiv. (2) cited. Id. Subdiv. (3)
cited. Id. Subdiv. (2) cited. 35 CA 699, 710.
Cited. 41 CS 525, 530.
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(1969, P.A. 828, S. 20; 1971, P.A. 871, S. 6; P.A. 73-639, S. 2; P.A. 92-260, S. 5.)
History: 1971 act specified use of "reasonable" physical force; P.A. 73-639 allowed use of deadly physical force when
necessary to prevent crime of violence and deleted language allowing use of deadly physical force "not earlier in time"
than necessary to prevent or terminate unlawful entry in dwelling or workplace by force; P.A. 92-260 made technical
changes by replacing "believes it is necessary" and "believes it necessary" with "believes such to be necessary".
A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before
jury. 178 C. 704, 708. Cited. 199 C. 383−386, 388. Cited. 203 C. 466, 468, 470, 472. Cited. 204 C. 240, 250. Cited. 209
C. 75, 93, 94. Cited. 242 C. 211.
Cited. 2 CA 617−619. Cited. 8 CA 667, 670, 671. Cited. 23 CA 615, 617. Cited. 24 CA 195, 210. Cited. 45 CA 390.
Common-law right referred to; unnecessary to decide whether Sec. 53a-23 creates an exception. 34 CS 531, 547. Cited.
43 CS 46, 66.
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(1969, P.A. 828, S. 21; 1971, P.A. 871, S. 7; P.A. 92-260, S. 6.)
History: 1971 act specified use of "reasonable" physical force; P.A. 92-260 made technical changes by replacing
"believes it necessary" with "believes such to be necessary".
A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before
jury. 178 C. 704, 708. An act injurious to the physical well-being of a child is prohibited; the statute is not unconstitutionally
vague. 192 C. 37, 39−42, 45. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94. Cited. 226 C. 601, 612.
Cited. 2 CA 617−620. Cited. 8 CA 667, 669, 670−672, 672A, 672D. Cited. 16 CA 455, 461, 462. Cited. 19 CA 445,
446. Cited. 23 CA 615, 617. Cited. 24 CA 195, 210. Cited. 29 CA 283, 289; judgment reversed, see 228 C. 795 et seq.
Cited. 31 CA 58, 68, 69. Cited. 32 CA 687, 694. Cited. 34 CA 368, 376; see also 233 C. 517 et seq. Cited. 45 CA 390.
Cited. 34 CS 612.
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(b) Except as provided in subsection (a) of this section, a peace officer or authorized
official of the Department of Correction or the Board of Parole is justified in using
physical force upon another person when and to the extent that he reasonably believes
such to be necessary to: (1) Effect an arrest or prevent the escape from custody of a
person whom he reasonably believes to have committed an offense, unless he knows
that the arrest or custody is unauthorized; or (2) defend himself or a third person from
the use or imminent use of physical force while effecting or attempting to effect an arrest
or while preventing or attempting to prevent an escape.
(c) A peace officer or authorized official of the Department of Correction or the
Board of Parole is justified in using deadly physical force upon another person for the
purposes specified in subsection (b) of this section only when he reasonably believes
such to be necessary to: (1) Defend himself or a third person from the use or imminent
use of deadly physical force; or (2) effect an arrest or prevent the escape from custody
of a person whom he reasonably believes has committed or attempted to commit a felony
which involved the infliction or threatened infliction of serious physical injury and if,
where feasible, he has given warning of his intent to use deadly physical force.
(d) Except as provided in subsection (e) of this section, a person who has been
directed by a peace officer or authorized official of the Department of Correction or the
Board of Parole to assist such peace officer or official to effect an arrest or to prevent
an escape from custody is justified in using reasonable physical force when and to the
extent that he reasonably believes such to be necessary to carry out such peace officer's
or official's direction.
(e) A person who has been directed to assist a peace officer or authorized official
of the Department of Correction or the Board of Parole under circumstances specified
in subsection (d) of this section may use deadly physical force to effect an arrest or to
prevent an escape from custody only when: (1) He reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use
or imminent use of deadly physical force; or (2) he is directed or authorized by such
peace officer or official to use deadly physical force, unless he knows that the peace
officer or official himself is not authorized to use deadly physical force under the circumstances.
(f) A private person acting on his own account is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such
to be necessary to effect an arrest or to prevent the escape from custody of an arrested
person whom he reasonably believes to have committed an offense and who in fact has
committed such offense; but he is not justified in using deadly physical force in such
circumstances, except in defense of person as prescribed in section 53a-19.
(1969, P.A. 828, S. 23; 1971, P.A. 826; 871, S. 8; P.A. 86-231; 86-403, S. 87, 132; P.A. 92-260, S. 7; May Sp. Sess.
P.A. 94-6, S. 23, 28.)
History: 1971 acts applied provisions of Subsecs. (a) to (f) to authorized officials of department of correction and
specified authority to use physical force to prevent escape from custody in Subsec. (a) and deleted former Subsec. (g)
which had allowed peace officers employed in correctional facilities to use force to prevent a prisoner's escape and specified
use of "reasonable" physical force; P.A. 86-231 amended Subdiv. (2) of Subsec. (c) to add provision that the felony involve
the infliction or threatened infliction of serious physical injury and that the officer or official give a warning if feasible of
his intent to use deadly physical force; P.A. 86-403 made technical change in Subsec. (b); P.A. 92-260 made technical
changes by replacing "believes it necessary", "believes that such is necessary" and "believes it is necessary" with "believes
such to be necessary"; May Sp. Sess. P.A. 94-6 amended Subsecs. (a) to (e), inclusive, to add authorized officials of the
Board of Parole, effective July 1, 1994.
See Sec. 53a-23 re unjustified use of force to resist arrest.
A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before
jury. 178 C. 704, 708. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94.
Cited. 8 CA 667, 670, 671. Cited. 23 CA 615, 617. Cited. 24 CA 195, 210. Cited. 45 CA 390.
Cited. 43 CS 46, 66.
Subsec. (f):
Defendant's firing of warning shot at fleeing assailants constituted use of deadly force proscribed by statute. To permit
persons to fire warning shots would frustrate purpose of statute to limit use of guns to emergency situations to protect
persons from death or great bodily harm. 35 CS 570, 575, 576. Cited. 39 CS 392, 395.
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