Topic:
CRIMINAL LAW; CRIMINAL PROCEDURE; FELONIES; SENTENCING; STATUTES; CRIME; MISDEMEANOR;
Location:
CRIMINAL LAW;

OLR Research Report


February 16, 2005

 

2005-R-0192

CONNECTICUT PENAL CODE UPDATED AND REVISED

By: Kevin E. McCarthy, Principal Analyst

You have asked for a breakdown of all offenses contained in the Connecticut Penal Code (Title 53a of the General Statutes). You wanted them listed in chart form with information on penalties. We have also included some crimes from Title 53, because they are clearly designated as a specific class of felony or misdemeanor.

This report updates previous reports to reflect changes passed in 2003 and 2004. Newly established crimes and crimes whose penalties have been changed are indicated in italics. The one crime eliminated during this period is noted by brackets.

Criminal offenses in Connecticut are classified as felonies, which are offenses punishable by imprisonment for over one year, and misdemeanors, which are offenses punishable by imprisonment for not more than one year. In turn, felonies are classified according to severity as capital, class A, class B, class C, and class D. Misdemeanors are classified as class A, class B, and class C. There are unclassified felonies and misdemeanors which are offenses punishable by imprisonment but not designated under one of the above listed classes. However, unclassified felonies and misdemeanors, except for arson murder, appear in other titles of the statutes, not the penal code. We have not included these other unclassified felonies in this report. Punishments for the various offenses are contained in Table 1.

Terms of imprisonment in Connecticut must be for specific periods of time. The figures in Table 1 present a range within which the judge must set the specific sentence. The judge also sets the exact amount of a fine, up to the established limits. A judge may impose a fine, a term of imprisonment, or both a fine and a term of imprisonment.

Table 1: Penalties for Connecticut Penal Code Offenses

Classification of Crime

Punishment

Capital felony

execution or life imprisonment

Class A felony (murder)

25 to 60 years up to $20,000

Class A felony

10 to 25 years up to $20,000

Class B felony

1 to 20 years up to $15,000

Class C felony

1 to 10 years up to $10,000

In addition to the penalties contained in Table 1, certain offenses carry a mandatory minimum penalty. These are indicated in Table 2, which contains all of the offenses arranged by class. The mandatory minimum appears in parentheses after the crime. CGS 53a-28 and 53a-29 prohibit suspension or reduction of any sentence for a class A felony meaning that the 10-year minimum sentence for class A felonies becomes a mandatory minimum. However, kidnapping in the first degree with a firearm (CGS 53a-92a), which is a class A felony, has a legislatively set mandatory minimum of one year. And, the unclassified felony arson murder (CGS 53a-54d) has a sentence of life imprisonment, but since it is not a class A felony any part of this sentence can be suspended or reduced. This situation has led the Connecticut Supreme Court, in two cases cited in Table 2, to rule that in conflicting sentencing provisions when the more serious crime carries the lesser penalty, this penalty must prevail and be applied to the less serious crime.

Three laws affect the penal code in a general way. CGS 53a-40a provides an enhanced penalty for a person found to be a persistent offender of statutes covering crimes involving bigotry or bias. CGS 53a-40b provides for enhanced penalties for people convicted of an offense committed while they are released awaiting trial. CGS 53a-300 provides an enhanced penalty for a person guilty of an act of terrorism involving the use or threat of physical force or violence and intended to intimidate the civilian population or government.

CGS 53-202j requires a mandatory, minimum eight-year sentence for anyone who uses, threatens to use, displays, or purports to have an assault weapon while committing a class A, B, or C felony. This eight-year sentence is in addition and consecutive to any imprisonment for the felony. CGS 53-202k requires a mandatory, minimum five-year sentence for anyone who uses, threatens to use, displays, or purports to have a firearm other than an assault weapon while committing a class A, B, or C felony. This five-year sentence is in addition and consecutive to any imprisonment for the felony.

CGS 53a-29 and 30 authorize judges to sentence serious sexual assault offenders who have more than one conviction or have assaulted young victims to probation for up to 35 years and to require them to undergo special sexual offender treatment as a condition of probation. CGS 53a-40c requires courts to impose additional sentences of psychological counseling on individuals convicted of sexually assaulting victims under age 11.

CGS 53a-136a establishes an enhanced penalty of a three-year mandatory, minimum term of imprisonment for committing a robbery by knowingly taking a motor vehicle that is occupied. The mandatory sentence is in addition and consecutive to any other prison term imposed for the offense.

CGS 53a-40 authorizes the court to impose under the persistent dangerous felony offender law up to 40 years, based on one previous violent felony conviction, and a sentence of up to life, based on two such previous convictions. (By law, a sentence of life imprisonment means a definite sentence of 60 years. ) The law requires a court to impose an enhanced sentence if it determines the public interest would best be served by the sentence. In Table 2, we have indicated with an asterisk those crimes which are subject to this persistent dangerous felony offender provision.

CGS 53a-40f authorizes an increased criminal penalty for persistent operating-under-the influence felony offenders (people convicted of manslaughter or 2nd degree assault with a motor vehicle who have prior convictions for these offenses or a DWI conviction during the prior 10 years). The court can impose the prison sentence for the next most serious felony if warranted by the person's history and character.

Table 2: Offenses Arranged by Class

Offense Section

CAPITAL FELONY

● Capital felony (specified types of murder) 53a-54b

UNCLASSIFIED FELONY

● Arson murder-unintentional death during arson (penalty life imprisonment) 53a-54d

CLASS A FELONIES

● Murder other than a capital felony or arson murder (m. m. 25 years) 53a-54a*

● Felony murder (m. m. 25 years) 53a-54c*

● Sexual assault in first degree of certain younger victims

● (m. m. 10 years if victim under 10, m. m. 5 years if vicim under 16) 53a-54d*

● Aggravated sexual assault of person under age 16

● (m. m. 20 years if deadly weapon used) 53a-70a*

● Kidnapping in first degree

● (m. m. one year pursuant to State v. Jenkins, 198 Conn. 671 (1986)) 53a-92*

● Kidnapping in first degree with a firearm (m. m. one year) 53a-92a*

● Arson in the first degree

● (no m. m. pursuant to State v. O'Neill, 200 Conn. 268 (1986)) 53a-111*

● Employing a minor in an obscene performance (m. m. 10 years) 53a-196a

Assault on pregnant women resulting in termination of the pregnancy 53a-59c

CLASS B FELONIES

● Attempt or conspiracy to commit any class A felony 53a-51

● Attempt or conspiracy to commit any class B felony 53a-51

● Manslaughter in the first degree 53a-55*

● Manslaughter in the first degree with a firearm

● (m. m. 5 years and 40 years maximum) 53a-55a*

● Assault in the first degree (m. m. 5 years if deadly weapon used and m. m 10 years if victim under age 10 or a witness) 53a-59*

● Assault of an elderly, blind, disabled, pregnant, or mentally retarded person in

● First degree (m. m. 5 years) 53a-59a

● Assault of Department of Correction employee in the first degree 53a-59b

● Sexual assault in first degree (m. m. 2 years, 10 years if victim under age 10) 53a-70*

● Aggravated sexual assault in the first degree (m. m. 5 years) 53a-70a*

● Sexual assault in second degree of victim under age 16 (m. m. 9 months) 53a-71

● Sexual assault in third degree with firearm of victim under age 16 (m. m. 2 years) 53a-72b*

● Sexual assault in spousal or cohabitation relationship 53a-70b

● Promoting prostitution in first degree 53a-86

CLASS B FELONIES (Continued)

● Kidnapping in the second degree (m. m. 3 years) 53a-94*

● Kidnapping in the second degree with a firearm (m. m. 3 years) 53a-94a*

● Burglary in the first degree (m. m. 5 years if with deadly weapon) 53a-101

● Arson in the second degree 53a-112*

● Larceny in the first degree 53a-122

● Robbery in the first degree (m. m. 5 years if with deadly weapon) 53a-134*

● Possession of a weapon or dangerous instrument in a correctional institution 53a-174a

● Rioting at correctional institution 53a-179b

● Promoting a minor in an obscene performance 53a-196b

● Computer crime in the first degree 53a-252

● Money laundering in the first degree 53a-276

● Vendor fraud in the first degree 53a-291

● Computer crime in furtherance of terrorism

● (m. m. 5 years if directed toward public safety agency) 53a-301

● Indecent intimate contact with child 53-21

● Deprivation of equal rights by death 53-37b

● Manufacture of bombs 53-80a

● Manufacture of chemical, biological, or radioactive weapons 53-209a

CLASS B FELONIES (Continued)

● Extortionate extension of credit 53-390

● Advancing money for extortionate extension of credit 53-391

● Participation in use of extortionate means to collect 53-392

Enticing a minor, third or subsequent offense 53a-90a (formerly class C felony)

Importing child pornography 53a-196c (formerly class C felony)

Possessing child pornography in the first degree (50+ depictions) 53a-196d (formerly possession of any number of depictions was a class D felony)

Identity theft in the first degree value obtained exceeds $10,000) 53a-129b (formerly any type of identity theft was a class D felony)

CLASS C FELONIES

● Attempt or conspiracy to commit any class C felony 53a-51

● Manslaughter in the second degree 53a-56*

● Manslaughter in the second degree with a firearm (m. m. 1 year) 53a-56a*

● Manslaughter in the second degree with a motor vehicle while intoxicated 53a-56b*

● Sexual assault in second degree (m. m. 9 months) 53a-71

● Sexual assault in third degree of victim under age 16 53a-72a

● Sexual assault in the third degree with a firearm (m. m. 2 years) 53a-72b*

● Promoting prostitution in second degree 53a-87

● Burglary in the second degree 53a-102

CLASS C FELONIES (Continued)

● Burglary in the second degree with a firearm (m. m. 1 year) 53a-102a

● Arson in the third degree 53a-113*

● Larceny in the second degree (m. m. 2 years if property is “taken” from elderly, blind, disabled, pregnant or mentally retarded victim see 53a-60b) 53a-123

● Criminal trover in first degree, second and subsequent offenses 53a-126a

● Robbery in the second degree 53a-135*

● Forgery in the first degree 53a-138

● Intimidating a witness 53a-151a

● Bribery of a juror 53a-152

● Bribe receiving by a juror 53a-153

● Hindering prosecution in the first degree (m. m. 5 years) 53a-165aa

● Assault on a peace officer, fireman, or other specified individuals 53a-167c

● Assault on a prosecutor 53a-167d

● Escape in the first degree 53a-169

● Escape from custody for felony 53a-171(b)

● Inciting injury to persons or property 53a-179a

● Inciting to riot at correctional institution 53a-179c

● Intimidation based on bigotry or bias in the first degree 53a-181j

● Falsely reporting an incident resulting in serious physical injury or death 53a-180a

CLASS C FELONIES (Continued)

● Interference with a cemetery or burial ground (m. m. $500 fine) 53a-218

● Computer crime in the second degree 53a-253

● Money laundering in the second degree 53a-277

● Vendor fraud in the second degree 53a-292

● Criminal misrepresentation 53a-302

● Contamination of public water or food for terrorism (m. m. 5 years) 53a-303

● Damage to public transportation for terrorism 53a-304

● Risk of injury to child or baby selling 53-21

● Leaving child under 12 unsupervised at night 53-21a(c)

● Deprivation of equal rights by injury 53-37b

● Selling or transporting assault weapon (m. m. 2 years, 6 years if sale is to minor) 53-202b

● Unlawful training in firearms, explosives, or incendiary devices 53-206b

Abuse of elderly, blind, disabled, or retarded person in the first degree 53a-321

Enticing a minor, second offense 53a-90a (formerly class D felony)

Possessing child pornography in the second degree (20-49 depictions) 53a-196d (formerly possession of any number of depictions was a class D felony)

Identity theft in the second degree value obtained is $5,0001 to $10,000) 53a-129b (formerly all types of identity theft was a class D felony)

CLASS C FELONIES (Continued)

Bribery 53a-147 (formerly class D felony)

Bribe receiving 53a-148 (formerly class D felony)

Bribery of a witness 53a-149 (formerly class D felony)

Bribe receiving by a witness 53a-150 (formerly class D felony)

Tampering with a witness 53a-151 (formerly class D felony)

Hindering prosecution in the second degree 53a-166 (formerly class D felony)

CLASS D FELONIES

● Attempt or conspiracy to commit any class D felony 53a-51

● Misconduct with a motor vehicle 53a-57

● Assault in the second degree 53a-60

● Assault in the second degree with a firearm (m. m. 1 year) 53a-60a

● Assault or larceny of an elderly, blind, disabled, pregnant, or mentally retarded

● Person in the second degree (m. m. 2 years) 53a-60b

● Assault of an elderly, blind, disabled, pregnant, or mentally retarded person in

● The second degree with a firearm (m. m. 3 years) 53a-60c

● Assault in the second degree with a motor vehicle while intoxicated 53a-60d

● Threatening in the first degree 53a-61aa

● Sexual assault in the third degree 53a-72a*

● Sexual assault in the fourth degree of victim under age 16 53a-73a

CLASS D FELONIES (Continued)

● Promoting prostitution in the third degree 53a-88

● Unlawful restraint in the first degree 53a-95

● Custodial interference in the first degree 53a-97

● Substitution of children 53a-99

● Burglary in the third degree 53a-103

● Burglary in the third degree with a firearm (m. m. 1 year) 53a-103a

● Reckless burning 53a-114

● Criminal mischief in the first degree 53a-115

● Criminal damage to landlord's property in first degree 53a-117e

● Damage to railroad property in the first degree 53a-117k

● Using a motor vehicle without the owner's permission or interfering or

● tampering with a motor vehicle, second and subsequent offense 53a-119b

● Larceny in the third degree 53a-124

● Criminal trover in first degree, first offense 53a-126a

● Theft of utility or CATV service for profit or gain 53a-127c

● Cheating while gambling 53a-127d

● Possession of cheating device 53a-127e

● Issuing a bad check of over $1,000 53a-128

● Identity theft in the third degree (value obtained is up to $5,000) 53a-129d (formerly all types of identity theft was a class D felony)

CLASS D FELONIES (Continued)

● Certain credit card crimes 53a-128i(b)

● Impersonation of a police officer 53a-130a

● Robbery in the third degree 53a-136

● Forgery in the second degree 53a-139

● Tampering with a juror 53a-154

● Tampering with or fabricating physical evidence 53a-155

● Perjury 53a-156

● False statement in the first degree 53a-157a

● Bribery of a labor official 53a-158

● Bribe receiving by a labor official 53a-159

● Bid rigging 53a-161a

● Receiving kickbacks 53a-161c

● Paying a kickback 53a-161d

● Rigging 53a-162

● Escape in the second degree 53a-170

● Failure to appear in the first degree 53a-172

● Conveying unauthorized items into correctional institution 53a-174

● Criminal advocacy 53a-179

● Falsely reporting an incident in the first degree 53a-180

● Falsely reporting an incident concerning serious physical injury or death 53a-180b

CLASS D FELONIES (Continued)

● Breach of peace in the first degree 53a-180aa

● Stalking in the first degree 53a-181c

● Intimidation based on bigotry or bias in the second degree 53a-181k

● Harassment in the first degree 53a-182b

● Eavesdropping 53a-189

● Disseminating voyeuristic material 53a-189b

● Bigamy 53a-190

● Incest 53a-191

● Coercion when threat is to commit felony 53a-192

Enticing a minor, first offense 53a-90a (formerly class A misdemeanor)

● Obscenity as to minors 53a-196

● Possessing child pornography third degree 53a-196d

● Possession of sawed-off shotgun or silencer 53a-211

● Stealing a firearm 53a-212

● Insurance fraud 53a-215

● Criminal use of a firearm or electronic defense weapon (m. m. 5 years) 53a-216

● Criminal possession of a firearm or electronic defense weapon (m. m. 2 years) 53a-217

● Criminally negligent storage of a firearm 53a-217a

● Possession of a weapon on school property 53a-217b

CLASS D FELONIES (Continued)

● Criminal possession of a pistol or revolver 53a-217c

● Negligent hunting in the first degree 53a-217e

● Unlawful possession or sale of gravestones 53a-219

● Criminal violation of standing criminal restraining order 53a-223a

● Computer crime in the third degree 53a-254

● Money laundering in the third degree 53a-278

● Vendor fraud in the third degree 53a-293

● Leaving a child under 12 unsupervised in a liquor establishment 53-21a(b)

● Deprivation of civil rights by wearing a hood 53-37a

● Possession of unauthorized recordings 53-142f

● Possession of an assault weapon (m. m. 1 year) 53-202c

● Possessing or distributing . 50 caliber armor-piercing or incendiary bullets,

● Second offense 53-202l

● Subscribing to telephone with fictitious name for gambling 53-278d

● Maintaining locked gambling premises 53-278e

● Ticket scalping, third and subsequent offense 53-289

● Computer crime maliciously causing over $2,500 damage 53-451

Abuse of elderly, blind, disabled, or retarded person in the second degree 53a-322

Trafficking in personal identifying information 53a-129e

CLASS D FELONIES (Continued)

Commercial bribery 53a-160 (formerly class A midsdemeanor)

Receiving a commercial bribe 53a-161 (formerly class A midsdemeanor)

Hindering prosecution in the third degree 53a-167 (formerly class A midsdemeanor)

Voyeurism 53a-189a (formerly class A midsdemeanor)

CLASS A MISDEMEANORS

● Attempt or conspiracy to commit any class A misdemeanor 53a-51

● Criminally negligent homicide 53a-58

● Assault in the third degree (m. m. 1 year if deadly weapon) 53a-61

● Assault of an elderly, blind, disabled, pregnant, or mentally retarded person in the third degree (m. m. 1 year) 53a-61a

● Threatening 53a-62

● Reckless endangerment in the first degree 53a-63

● Sexual assault in the fourth degree 53a-73a

● Prostitution 53a-82

● Patronizing a prostitute 53a-83

● Patronizing a prostitute from a motor vehicle 53a-83a

● Permitting prostitution 53a-89

● Unlawful restraint in the second degree 53a-96

● Custodial interference in the second degree 53a-98

● Manufacturing or possession of burglar's tools 53a-106

CLASS A MISDEMEANORS (Continued)

● Criminal trespass in the first degree 53a-107

● Criminal mischief in the second degree 53a-116

● Criminal damage to landlord's property in second degree 53a-117f

● Damage to railroad property in second degree 53a-117l

● Using a motor vehicle without the owner's permission or interfering or

● tampering with a motor vehicle, first offense 53a-119b

● Larceny in the fourth degree 53a-125

● Criminal trover in second degree 53a-126b

● Diversion from state of benefit of labor of employees 53a-127

● Unlawful entry into coin machine, possession of key to enter 53a-127a

● Possession of a shoplifting device 53a-127f

● Issuing a bad check of between $501 and $1,000 53a-128

● Certain credit card crimes 53a-128i(a)

● Misapplication of property 53a-129

● Unlawfully concealing a will 53a-131

● False entry by officer or agent of public community 53a-132

● Criminal simulation 53a-141

● Forgery of symbols 53a-142

● False statement in the second degree 53a-157b

● Disclosure of bid or proposal 53a-161b

CLASS A MISDEMEANORS (Continued)

● Soliciting or accepting benefit for rigging 53a-163

● Participating in a rigged contest 53a-164

● Interfering with an officer 53a-167a

● Failure to assist a peace officer or fireman 53a-167b

● Escape from custody for other than felony 53a-171(b)

● Aiding escape from hospital or sanitarium 53a-171a

● Failure to appear in the second degree 53a-173

● Conveying unauthorized letters into correctional or humane institution or to

● inmate outside institution or using false name to enter institution 53a-174

● Riot in the first degree 53a-175

● Falsely reporting an incident in the second degree 53a-180c

● Inciting to riot 53a-178

Breach of peace involving false bomb 53a-181

● Stalking in the second degree 53a-181d

● Intimidation based on bigotry or bias in the third degree 53a-181l

● Tampering with private communications 53a-188

● Coercion when the threat is to commit other than a felony 53a-192

● [Disseminating indecent books 53a-197]

● Criminal possession of body armor 53a-217d

● Negligent hunting in the second degree 53a-217e

CLASS A MISDEMEANORS (Continued)

● Interference with a memorial plaque 53a-220

● Unlawful purchase, possession or sale of a memorial plaque 53a-221

● Violation of conditions of release 53a-222

● Criminal violation of a protective order 53a-223

● Computer crime in the fourth degree 53a-255

● Money laundering in the fourth degree 53a-279

● Vendor fraud in the fourth degree 53a-294

● Leaving a child under 12 unsupervised 53-21a(a)

● Deprivation of equal rights by force or threat 53-37b

● Illegal transfer, sale, or use of records, tapes, or discs 53-142b

● Manufacture records, tapes or discs without I. D. marks 53-142c

● Destruction, delay, or opening private messenger letters 53-142j

● Possession of assault weapon, first offense and prior lawful possession 53-202c

● Concealment of delivery 53-237a

● Misuse or mutilation of flag 53-258a

● Professional gambling 53-278b

● Manufacture, sale, or possession of gambling device 53-278c

● Transmitting gambling information 53-278d

● Maintaining a gambling premises 53-278e

● Ticket scalping, second offense 53-289

CLASS A MISDEMEANORS (Continued)

● Computer crimes recklessly causing over $2,500 damage 53-451

Abuse of elderly, blind, disabled, or retarded person in the third degree 53a-323

CLASS B MISDEMEANORS

● Attempt or conspiracy to commit any class B misdemeanor 53a-51

● Reckless endangerment in the second degree 53a-64

● Criminal trespass in the second degree 53a-108

● Criminal mischief in the third degree 53a-117

● Criminal damage to landlord's property in third degree 53a-117g

● Damage to railroad property in the third degree 53a-117m

● Larceny in the fifth degree 53a-125a

● Cheating while gambling 53a-127d

● Issuing a bad check of between $251 and $500 53a-128

● Criminal impersonation 53a-130

● Forgery in the third degree 53a-140

● Unlawfully using slugs in the first degree 53a-144

● Riot in the second degree 53a-176

● Unlawful assembly 53a-177

● Breach of peace 53a-181

● Stalking in the third degree 53a-181e

● Public indecency 53a-186

CLASS B MISDEMEANORS (Continued)

● Obscenity 53a-194

● Negligent hunting in the third degree 53a-217e

● Computer crime in the fifth degree 53a-256

● Vendor fraud in the fifth degree 53a-295

● Sale or carrying of facsimile firearms 53-206c

● Carrying firearm while under influence of liquor or drug 53-206d

● Gambling 53-278b

● Making, printing, or possessing gambling records 53-278c

● Selling Police Badges 53-341a

● Illegal sale of body armor 53-341b

● Unlawful preparation of academic assignments 53-392e

● Computer crimes 53-451

CLASS C MISDEMEANORS

● Attempt or conspiracy to commit any class C misdemeanor 53a-51

● Criminal trespass in the third degree 53a-109

● Criminal mischief in the fourth degree 53a-117a

● Larceny in the sixth degree 53a-125b

● Fraudulent use of automatic teller machine 53a-127b

● Issuing a bad check of $250 or less 53a-128

● Unlawfully using slugs in the second degree 53a-145

● Disorderly conduct 53a-182

CLASS C MISDEMEANORS (Continued)

● Obstructing free passage 53a-182a

● Harassment in the second degree 53a-183

● Obstructing the lawful taking of wildlife 53a-183a

● Loitering in or about school grounds 53a-185

● Drinking while operating a motor vehicle 53a-213

● Criminal lockout 53a-214

● Negligent hunting in the fourth degree 53a-217e

● Vendor fraud in the sixth degree 53a-296

● Altering manufacturer's serial number 53-132a

● Ticket scalping, first offense 53-289

● Crimes subject to the persistent dangerous felony offender provision.

KM:ts