CHAPTER 939
OFFENSES AGAINST THE PERSON

Table of Contents

Sec. 53-21. Injury or risk of injury to, or impairing morals of, children. Sale of children.
Sec. 53-37a. Deprivation of a person's civil rights by person wearing mask or hood: Class D felony.

      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 for a violation of subdivision (1) or (3) of this subsection and a class B felony for a violation of subdivision (2) of this subsection, except that, if the violation is of subdivision (2) of this subsection and the victim of the offense is under thirteen years of age, such person shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.

      (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; P.A. 02-138, S. 4; P.A. 07-143, S. 4.)

      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; P.A. 02-138 amended Subsec. (a) to change the classification of a violation of Subdiv. (2) from a class C to a class B felony; P.A. 07-143 amended Subsec. (a) to add exception that if violation is of Subdiv. (2) and victim is under 13 years of age, person guilty of violation shall be sentenced to a term of imprisonment of which 5 years of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007.

      State was not required to prove that child's health was actually impaired by defendant's act of taking child to another country, away from child's mother, during defendant's and mother's divorce proceedings. 280 C. 660.

      Subsec. (a):

      Subdiv. (2): Although trial court erred when it defined "likely" as "possibly" in the phrase "likely to impair the health or morals of a minor child", it was not reasonably possible that jury was misled and therefore defendant was not clearly deprived of a fair trial. 99 CA 251. Subdiv (1): Examining plain language of risk of injury statute and statute providing for the justification defense of reasonable parental discipline, Sec. 53a-18(1), there is no apparent reason to bar application of Sec. 53a-18(1) to a charge under this subdiv. Id., 713. Subdiv. (1): Mere fact that defendant does not physically touch a child while pursuing that child does not relieve defendant of criminal liability under section. 100 CA 619.


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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, sexual orientation, 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; P.A. 07-62, S. 2.)

      History: P.A. 07-62 included within offense the deprivation of rights on account of sexual orientation.

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