Topic:
MISDEMEANOR; CRIMINAL LAW; CRIME; FELONIES; SENTENCING; BURGLARY; FIREARMS; WEAPONS;
Location:
CRIME AND CRIMINALS; CRIMINAL LAW;

OLR Research Report


August 22, 2007

 

2007-R-0505

BURGLARY STATUTES

By: Christopher Reinhart, Senior Attorney

You asked for a summary of the burglary statutes.

SUMMARY

Burglary is punishable under five different statutes. Depending on the conduct involved, it is a class B, C, or D felony. In addition, a mandatory minimum sentence of one or five years applies if a weapon is involved. Also, manufacturing or possessing burglar's tools is a class A misdemeanor.

Burglary crimes involve entering either a building or a dwelling with intent to commit a crime. A “dwelling” is a building usually occupied by someone lodging there at night. A “building” is broadly defined to include in addition to its ordinary meaning, a watercraft, aircraft, trailer, sleeping car, railroad car, or other structure, vehicle, or building with a valid certificate of occupancy. It is an affirmative defense to burglary that the building was abandoned (CGS 53a-100 et seq.).

1ST DEGREE BURGLARY

A person commits this crime by entering or remaining unlawfully in a building with intent to commit a crime and either:

1. is armed with explosives, a deadly weapon, or a dangerous instrument or

2. intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone while attempting to commit the offense or while fleeing.

This is a class B felony. A five-year minimum mandatory sentence applies if the person was armed.

2ND DEGREE BURGLARY

A person commits this crime by either:

1. entering or remaining unlawfully in a dwelling at night with intent to commit a crime or

2. entering or remaining unlawfully in a dwelling with intent to commit a crime, while someone other than a participant in the crime is in the dwelling.

This is a class C felony.

2ND DEGREE BURGLARY WITH A FIREARM

A person commits this crime by:

1. committing 2nd degree burglary and

2. using, being armed with and threatening the use of, displaying, or representing by words or conduct that he or she possess, a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

This is a class C felony with a one year mandatory minimum sentence.

3RD DEGREE BURGLARY

A person commits this crime by entering or remaining unlawfully in a building with intent to commit a crime there.

This is a Class D felony.

3RD DEGREE BURGLARY WITH A FIREARM

A person commits this crime by:

1. committing 3rd degree burglary and

2. using, being armed with and threatening the use of, displaying, or representing by words or conduct that he or she possess, a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

This is a Class D felony with a one year mandatory minimum sentence.

ELEMENTS AND SENTENCING REQUIREMENTS FOR BURGLARY CRIMES

The chart below compares the elements and penalties of the different burglary crimes.

ELEMENTS AND PENALTIES FOR BURGLARY CRIMES

Crime

Time of Crime

Unlawful Entry

Location of Crime

Intent

Attendant Circumstances

Weapon

Sentence

Burglary, 1st degree

(CGS 53a-101(a)(1))

Anytime

Enters or remains unlawfully

Building

To commit a crime therein

Armed with weapon

Explosive, deadly weapon, or dangerous instrument

B felony, five years mandatory

Burglary, 1st degree

(CGS 53a-101(a)(2))

Anytime

Same

Building

Same

Intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone while attempting to commit the offense or while fleeing

-

B felony

Burglary, 2nd degree

(CGS 53a-102)

At night or anytime someone is home

Same

Dwelling

(dwelling is a type of building (see State v. Perez, 78 Conn. App. 610 (2003))

Same

-

-

C felony

Burglary, 2nd degree with a firearm

(CGS 53a-102a)

At night or anytime someone is home

Same

Dwelling

Same

Uses, armed with and threatens use, displays, or represents that he or she possesses a firearm

Pistol, revolver, rifle, shotgun, machine gun, or other firearm

C felony, one year mandatory

Burglary 3rd degree

(CGS 53a-103)

Anytime

Same

Building

Same

-

-

D felony

Burglary 3rd degree with a firearm (CGS 53a-103a)

Anytime

Same

Building

Same

Uses, armed with and threatens use, displays, or represents that he or she possesses a firearm

Pistol, revolver, rifle, shotgun, machine gun, or other firearm

D felony, one year mandatory

PENALTIES FOR CLASSIFIED CRIMES

The chart below displays the penalties for classified crimes.

Classification of Crime

Punishment

Capital felony

Execution or life imprisonment

Class A felony (murder)

25 to 60 years, up to $ 20,000, or both

Class A felony

10 to 25 years, up to $ 20,000, or both

Class B felony

1 to 20 years, up to $15,000, or both

Class C felony

1 to 10 years, up to $ 10,000, or both

Class D felony

1 to five years, up to $ 5,000, or both

Class A misdemeanor

Up to one year, $2,000, or both

Class B misdemeanor

Up to six months, $1,000, or both

Class C misdemeanor

Up to three months, $500, or both

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