CHAPTER 952*
PENAL CODE: OFFENSES

PART I*
DEFINITION AND CLASSIFICATION

      Sec. 53a-24. Offense defined. Application of sentencing provisions to motor vehicle and drug selling violators. (a) The term "offense" means any crime or violation which constitutes a breach of any law of this state or any other state, federal law or local law or ordinance of a political subdivision of this state, for which a sentence to a term of imprisonment or to a fine, or both, may be imposed, except one that defines a motor vehicle violation or is deemed to be an infraction. The term "crime" comprises felonies and misdemeanors. Every offense which is not a "crime" is a "violation". Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.

      (b) Notwithstanding the provisions of subsection (a) of this section, the provisions of sections 53a-28 to 53a-44, inclusive, shall apply to motor vehicle violations. Said provisions shall apply to convictions under section 21a-278 except that the execution of any mandatory minimum sentence imposed under the provisions of said section may not be suspended.

      (1969, P.A. 828, S. 24; 1972, P.A. 294, S. 39; P.A. 75-380, S. 15; 75-577, S. 8, 126; P.A. 92-260, S. 8.)

      History: 1972 act added provision in Subsec. (b) re applicability of Secs. 53a-28 to 53a-44 with respect to convictions under Sec. 19-480a; P.A. 75-380 amended Subsec. (a) to include breach of federal and other states' laws as offense; P.A. 75-577 included infractions in exception to "offense" definition in Subsec. (a); P.A. 92-260 made technical changes.

      Cited. 166 C. 449. Cited. 209 C. 98. Cited. 226 C. 191. Cited. 229 C. 716.

      Cited. 9 CA 686. Cited. 24 CA 195. Cited. 27 CA 225. Cited. 41 CA 454. Cited. 45 CA 722.

      Cited. 36 CS 527; Id., 551.

      Subsec. (a):

      Cited. 228 C. 758.

      Cited. 6 CA 505. Cited. 22 CA 108.

      Sec. 53a-25. Felony: Definition, classification, designation. (a) An offense for which a person may be sentenced to a term of imprisonment in excess of one year is a felony.

      (b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C, (4) class D, (5) unclassified and (6) capital felonies.

      (c) The particular classification of each felony defined in this chapter is expressly designated in the section defining it. Any offense defined in any other section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall be deemed an unclassified felony.

      (1969, P.A. 828, S. 25; P.A. 73-137, S. 6; P.A. 92-260, S. 9.)

      History: P.A. 73-137 added capital felonies classification in Subsec. (b); P.A. 92-260 made a technical change in Subsecs. (a) and (c) and amended Subsec. (b)(6) to delete "for which the sentence of death may be imposed as provided in sections 53a-46a and 53a-54b".

      See Secs. 53a-35 and 53a-35a re sentences for felonies.

      See Sec. 53a-41 re fines for felonies.

      Cited. 170 C. 601. Police officer may arrest without previous complaint or warrant any person who he has reasonable grounds to believe has committed or is committing a felony. 171 C. 105. Cited. 196 C. 305.

      Cited. 9 CA 686. Cited. 28 CA 91.

      Cited. 36 CS 551.

      Subsec. (a):

      Cited. 11 CA 11.

      Subsec. (c):

      Cited. 11 CA 11.

      Cited. 36 CS 527.

      Sec. 53a-26. Misdemeanor: Definition, classification, designation. (a) An offense for which a person may be sentenced to a term of imprisonment of not more than one year is a misdemeanor.

      (b) Misdemeanors are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3) class C and (4) unclassified.

      (c) The particular classification of each misdemeanor defined in this chapter is expressly designated in the section defining it. Any offense defined in any other section of the general statutes which, by virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall be deemed an unclassified misdemeanor.

      (1969, P.A. 828, S. 26; P.A. 92-260, S. 10.)

      History: P.A. 92-260 made a technical change in Subsec. (b).

      See Sec. 53a-36 re sentences for misdemeanors.

      See Sec. 53a-42 re fines for misdemeanors.

      Cited. 202 C. 443.

      Cited. 9 CA 686. Cited. 41 CA 476. Cited. 43 CA 1.

      Cited. 36 CS 551.

      Subsec. (a):

      Cited. 36 CS 527.

      Subsec. (c):

      Cited. 36 CS 527.

      Sec. 53a-27. Violation: Definition, designation. (a) An offense, for which the only sentence authorized is a fine, is a violation unless expressly designated an infraction.

      (b) Every violation defined in this chapter is expressly designated as such. Any offense defined in any other section which is not expressly designated a violation or infraction shall be deemed a violation if, notwithstanding any other express designation, it is within the definition set forth in subsection (a).

      (1969, P.A. 828, S. 27; P.A. 75-577, S. 4, 126.)

      History: P.A. 75-577 excluded offenses expressly designated as infractions from consideration as violation.

      See chapter 881b (Sec. 51-174m et seq.) re infractions.

      Cited. 9 CA 686. Cited. 40 CA 762. Cited. 41 CA 454.

      Subsec. (a):

      Cited. 27 CA 225.

      Cited. 36 CS 527; Id., 551.

      Subsec. (b):

      Cited. 36 CS 527.

PART II*
SENTENCES AND SENTENCING PROCEDURE

      Sec. 53a-28. Authorized sentences. (a) Except as provided in section 17a-699 and chapter 420b, to the extent that the provisions of said section and chapter are inconsistent herewith, every person convicted of an offense shall be sentenced in accordance with this title.

      (b) Except as provided in section 53a-46a, when a person is convicted of an offense, the court shall impose one of the following sentences: (1) A term of imprisonment; or (2) a sentence authorized by section 18-65a or 18-73; or (3) a fine; or (4) a term of imprisonment and a fine; or (5) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a period of probation or a period of conditional discharge; or (6) a term of imprisonment, with the execution of such sentence of imprisonment suspended, entirely or after a period set by the court, and a fine and a period of probation or a period of conditional discharge; or (7) a fine and a sentence authorized by section 18-65a or 18-73; or (8) a sentence of unconditional discharge; or (9) a term of imprisonment and a period of special parole as provided in section 54-125e.

      (c) In addition to any sentence imposed pursuant to subsection (b) of this section, if (1) a person is convicted of an offense that resulted in injury to another person or damage to or loss of property, (2) the victim requests financial restitution, and (3) the court finds that the victim has suffered injury or damage to or loss of property as a result of such offense, the court shall order the offender to make financial restitution under terms that it determines are appropriate. In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the offender; (B) the offender's ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offender's current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms. The court shall articulate its findings on the record with respect to each of the factors set forth in subparagraphs (A) to (D), inclusive, of this subsection. Restitution ordered by the court pursuant to this subsection shall be based on easily ascertainable damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses, but may include the costs of counseling reasonably related to the offense. Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court containing the amount of damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury as ascertained by the court. The order of the court shall direct that a certified copy of the order be delivered by certified mail to the victim and contain an advisement to the victim that the order is enforceable as a judgment in a civil action as provided in section 53a-28a.

      (d) A sentence to a period of probation or conditional discharge in accordance with sections 53a-29 to 53a-34, inclusive, shall be deemed a revocable disposition, in that such sentence shall be tentative to the extent that it may be altered or revoked in accordance with said sections but for all other purposes it shall be deemed to be a final judgment of conviction.

      (e) When sentencing a person to a period of probation who has been convicted of (1) a misdemeanor that did not involve the use, attempted use or threatened use of physical force against another person or (2) a motor vehicle violation for which a sentence to a term of imprisonment may be imposed, the court shall consider, as a condition of such sentence of probation, ordering the person to perform community service in the community in which the offense or violation occurred. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section 51-181c if the offense or violation occurred within the jurisdiction of a community court established by said section.

      (1969, P.A. 828, S. 28; 1971, P.A. 871, S. 10; P.A. 73-137, S. 7; 73-639, S. 3; P.A. 75-633, S. 4; P.A. 92-260, S. 11; P.A. 95-175, S. 1; P.A. 97-199, S. 1; June 18 Sp. Sess. P.A. 97-11, S. 62, 65; P.A. 98-234, S. 2; P.A. 00-196, S. 38; P.A. 01-211, S. 13; P.A. 03-19, S. 125.)

      History: 1971 act added exception re Ch. 359 in Subsec. (a) and deleted references to "reformatory" sentences in Subsec. (b)(2) and (7), adding reference to Secs. 18-73 and 18-75 in Subdiv. (7) for conformity; P.A. 73-137 deleted references to Secs. 53a-46 and 53a-93 and added reference to Secs. 53a-46a and 53a-54b in Subsec. (b); P.A. 73-639 added references to Sec. 18-65 in Subsec. (b)(2) and (7); P.A. 75-633 deleted reference to Secs. 18-65 and 18-75 in Subsec. (b)(1), adding reference to Sec. 18-65a and deleted reference to Sec. 18-75 in Subsec. (b)(7); P.A. 92-260 amended Subsec. (a) to replace reference to "chapter 368p" with "section 17a-656 and chapter 420b" and replace "such chapter is" with "the provisions of said section and chapter are" and amended Subsec. (b) to delete from the exclusionary provision references to Secs. 53a-45, 53a-54b and 53a-92, to make a technical change in Subdivs. (2) and (6) and to replace reference to "Sec. 18-65" with "Sec. 18-65a" in Subdiv. (7); P.A. 95-175 inserted new Subsec. (c) re order of financial restitution and considerations required prior to order and relettered former Subsec. (c) as Subsec. (d); P.A. 97-199 added Subsec. (e) re order of community service in community where offense occurred, implemented by community court; June 18 Sp. Sess. P.A. 97-11 changed effective date of P.A. 97-199 from October 1, 1997, to July 1, 1997, effective July 1, 1997; P.A. 98-234 added Subsec. (b)(9) authorizing a sentence of a term of imprisonment and a period of special parole as provided in Sec. 54-125e; P.A. 00-196 amended Subsec. (e) to delete provisions re ordering community service as a condition of accelerated rehabilitation, said provisions being reenacted as part of Sec. 54-56e by same public act, and to make technical changes; P.A. 01-211 amended Subsec. (c) to designate as Subdiv. (1) the condition for ordering restitution that a person is convicted of an offense that resulted in injury to another person or damage to or loss of property, add new Subdiv. (2) re condition that the victim requests financial restitution, add new Subdiv. (3) re condition that the court finds that the victim has suffered injury or damage to or loss of property as a result of such offense, require the court to order the offender to make financial restitution "under terms that it determines are appropriate" rather than "if it determines that financial restitution is appropriate", replace "In determining whether financial restitution is appropriate" with "In determining the appropriate terms of financial restitution", redesignate existing Subdivs. (1), (2), (3) and (4) as Subparas. (A), (B), (C) and (D), replace in Subpara. (D) "other circumstances that the court determines makes restitution appropriate or inappropriate" with "other circumstances, including the financial burden and impact on the victim, that the court determines makes the terms of restitution appropriate", authorize the court to forego setting appropriate terms of restitution if the current financial resources or ability to pay of the offender are such that no appropriate terms can be determined, require the court to articulate its findings on the record re factors in Subparas. (A) to (D), require restitution ordered by the court to be imposed or directed by a written order containing the amount of damages, expenses and lost wages and require a certified copy of the court order to be delivered by certified mail to the victim and to contain an advisement that the order is enforceable as provided in Sec. 53a-28a; P.A. 03-19 made a technical change in Subsec. (c), effective May 12, 2003.

      Cited. 172 C. 298. Court does not have sentencing options as provided in this section where Sec. 53a-36 provides for a mandatory nonsuspendable term of imprisonment. 180 C. 557. Cited. 197 C. 337. Cited. 198 C. 671. Cited. 200 C. 268. Cited. 207 C. 270. Cited. 208 C. 420. Cited. 210 C. 519. Cited. 225 C. 46.

      Cited. 9 CA 686. Cited. 12 CA 32. Cited. 30 CA 416. Cited. 32 CA 656; judgment reversed in part, see 232 C. 345. Monetary obligation re insurance for victim as a special condition of probation speculative. 55 CA 28.

      Person convicted under section 19-481(a) required to be sentenced in accord with this chapter where sentence not inconsistent with chapter 359. 31 CS 350. Does not provide for sentence of confinement with condition restricting authority of commissioner of correction to award "good time". 35 CS 545. Cited. Id. Section contains no authority for order of restitution unless it is a condition of probation or conditional discharge. Id., 675.

      Subsec. (b):

      Subdivs. (3) and (8) cited. 182 C. 595. Cited. 196 C. 655. Cited. 206 C. 608. Cited. 216 C. 40. Subdiv. (9): Defendant's sentence of ten years of imprisonment followed by ten years of special parole violated Sec. 54-128(c) and was an illegal sentence because total length of terms of imprisonment and special parole combined exceeded maximum term of imprisonment authorized for sexual assault in the second degree by Secs. 53a-35a(6) and 53a-71(b). 279 C. 527.

      Cited. 8 CA 607.

      Subsec. (c):

      Cited. 34 CA 1. Court did not commit plain error when it did not conduct an analysis pursuant to subsec. during sentencing because said subsec. does not apply to plea bargains in which defendant and the state have already agreed to restitution amount. 81 CA 310.

      Sec. 53a-28a. Enforcement of orders of financial restitution. All financial obligations ordered pursuant to subsection (c) of section 53a-28 may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the obligation is owed. Such obligations may be enforced at any time during the ten-year period following the offender's release from confinement or within ten years of the entry of the order and sentence, whichever is longer.

      (P.A. 95-175, S. 2.)

      Sec. 53a-29. Probation and conditional discharge: Criteria; periods; continuation or termination. (a) The court may sentence a person to a period of probation upon conviction of any crime, other than a class A felony, if it is of the opinion that: (1) Present or extended institutional confinement of the defendant is not necessary for the protection of the public; (2) the defendant is in need of guidance, training or assistance which, in the defendant's case, can be effectively administered through probation supervision; and (3) such disposition is not inconsistent with the ends of justice.

      (b) The court may impose a sentence of conditional discharge for an offense, other than a class A felony, if it is of the opinion that: (1) Present or extended institutional confinement of the defendant is not necessary for the protection of the public; and (2) probation supervision is not appropriate.

      (c) When the court imposes a sentence of conditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed but shall be subject, during the period of such conditional discharge, to such conditions as the court may determine. The court shall impose the period of conditional discharge authorized by subsection (d) of this section and shall specify, in accordance with section 53a-30, the conditions to be complied with. When a person is sentenced to a period of probation the court shall impose the period authorized by subsection (d), (e) or (f) of this section and may impose any conditions authorized by section 53a-30. When a person is sentenced to a period of probation, such person shall pay to the court a fee of two hundred dollars and shall be placed under the supervision of the Court Support Services Division.

      (d) Except as provided in subsection (f) of this section, the period of probation or conditional discharge, unless terminated sooner as provided in section 53a-32 or 53a-33, shall be as follows: (1) For a class B felony, not more than five years; (2) for a class C or D felony or an unclassified felony, not more than three years; (3) for a class A misdemeanor, not more than two years; (4) for a class B or C misdemeanor, not more than one year; and (5) for an unclassified misdemeanor, not more than one year if the authorized sentence of imprisonment is three months or less, or not more than two years if the authorized sentence of imprisonment is in excess of three months, or where the defendant is charged with failure to provide subsistence for dependents, a determinate or indeterminate period.

      (e) Notwithstanding the provisions of subsection (d) of this section, the court may, in its discretion, on a case by case basis, sentence a person to a period of probation which period, unless terminated sooner as provided in section 53a-32 or 53a-33, shall be as follows: (1) For a class C or D felony or an unclassified felony, not more than five years; (2) for a class A misdemeanor, not more than three years; and (3) for a class B misdemeanor, not more than two years.

      (f) The period of probation, unless terminated sooner as provided in section 53a-32, shall be not less than ten years or more than thirty-five years for conviction of a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f.

      (g) Whenever the court sentences a person, on or after October 1, 2008, to a period of probation of more than two years for a class C or D felony or an unclassified felony or more than one year for a class A or B misdemeanor, the probation officer supervising such person shall submit a report to the sentencing court, the state's attorney and the attorney of record, if any, for such person, not later than sixty days prior to the date such person completes two years of such person's period of probation for such felony or one year of such person's period of probation for such misdemeanor setting forth such person's progress in addressing such person's assessed needs and complying with the conditions of such person's probation. The probation officer shall recommend, in accordance with guidelines developed by the Judicial Branch, whether such person's sentence of probation should be continued for the duration of the original period of probation or be terminated. Not later than sixty days after receipt of such report, the sentencing court shall continue the sentence of probation or terminate the sentence of probation. Notwithstanding the provisions of section 53a-32, the parties may agree to waive the requirement of a court hearing. The Court Support Services Division shall establish within its policy and procedures a requirement that any victim be notified whenever a person's sentence of probation may be terminated pursuant to this subsection. The sentencing court shall permit such victim to appear before the sentencing court for the purpose of making a statement for the record concerning whether such person's sentence of probation should be terminated. In lieu of such appearance, the victim may submit a written statement to the sentencing court and the sentencing court shall make such statement a part of the record. Prior to ordering that such person's sentence of probation be continued or terminated, the sentencing court shall consider the statement made or submitted by such victim.

      (1969, P.A. 828, S. 29; 1971, P.A. 871, S. 124, 129; P.A. 79-585, S. 8, 15; P.A. 89-219, S. 6, 10; P.A. 92-260, S. 12; P.A. 93-340, S. 12, 19; P.A. 95-142, S. 2; P.A. 01-84, S. 14, 26; P.A. 02-132, S. 30; P.A. 04-139, S. 8; P.A. 05-288, S. 181; P.A. 08-102, S. 1.)

      History: 1971 act repealed former Subsec. (e) requiring probation officer to make recommendation as to advisability of continuing probation after probationer has been on probation for a year and allowing person on probation to be heard by court with respect to continuance or discontinuance of probation; P.A. 79-585 replaced commission on adult probation with office of adult probation in Subsec. (c); P.A. 89-219 amended Subsec. (c) to require a person sentenced to a period of probation to pay to the court a fee of $200; P.A. 92-260 amended Subsec. (c) to make technical changes and amended Subsec. (d) to replace "hereinafter provided" with "provided in section 53a-32 or 53a-33" and to replace in Subdiv. (5) "less than three months" with "three months or less"; P.A. 93-340 amended Subsec. (d)(1) to add exception re Subsec. (e) and added Subsec. (e) to authorize a period of probation of not more than 35 years for conviction of a sexual assault under certain circumstances, effective July 1, 1993; P.A. 95-142 amended Subsec. (e) to delete reference to an early termination of probation as provided in Sec. 53a-33, establish a minimum period of probation of 10 years, include a violation of Sec. 53-21(2) and delete the provisions that limited the applicability of the Subsec. to where the conviction is of a second or subsequent violation or the defendant was 18 years of age or older and the victim was under 13 years of age; P.A. 01-84 amended Subsec. (e) to replace reference to "subdivision (2) of section 53-21" with "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 02-132 amended Subsec. (c) by replacing "Office of Adult Probation" with "Court Support Services Division" and making a technical change; P.A. 04-139 amended Subsec. (e) to include a violation of Sec. 53a-90a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f; P.A. 05-288 made technical changes in Subsec. (e), effective July 13, 2005; P.A. 08-102 amended Subsec. (c) to replace reference to period of probation authorized by "subsection (d) of this section" with period authorized by "subsection (d), (e) or (f) of this section", amended Subsec. (d) to add exception re Subsec. (f) and to decrease maximum period of probation for class C or D felony or unclassified felony from 5 years to 3 years, for class A misdemeanor from 3 years to 2 years and for class B misdemeanor from 2 years to 1 year, added new Subsec. (e) re authority of the court to sentence a person to a maximum period of probation of 5 years for class C or D felony or unclassified felony, 3 years for class A misdemeanor and 2 years for class B misdemeanor, redesignated existing Subsec. (e) as Subsec. (f), added Subsec. (g) re procedure for continuation or termination of a person's period of probation after such person completes 2 years of such period if such person was sentenced to a period of probation for more than 2 years for class C or D felony or unclassified felony or after such person completes 1 year of such period if such person was sentenced to a period of probation for more than 1 year for class A or B misdemeanor, and made technical changes.

      Cited. 170 C. 128. Cited. 197 C. 337. Cited. 198 C. 671. Cited. 200 C. 268. Cited. 204 C. 52. Cited. 210 C. 519. Cited. 222 C. 299. Cited. 225 C. 46. Cited. 229 C. 285.

      Cited. 9 CA 686. Cited. 12 CA 32. Cited. 30 CA 416. Cited. 32 CA 1. Cited. 34 CA 1.

      Cited. 41 CS 229.

      Subsec. (a):

      Cited. 22 CA 108.

      Cited. 37 CS 853.

      Subsec. (b):

      Cited. 182 C. 595.

      Subsec. (d):

      Subdiv. (1) cited. 37 CA 72.

      Subsec. (e):

      Sec. 2 of P.A. 95-142, which expanded probation eligibility factors and increased mandatory probation minimum sentence, did not have retroactive effect. 253 C. 392.

      Sec. 53a-30. Conditions of probation and conditional discharge. (a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, register such person's identifying factors, as defined in section 54-250, with the Commissioner of Public Safety when required pursuant to section 54-251, 54-252 or 54-253, as the case may be; (14) be subject to electronic monitoring, which may include the use of a global positioning system; (15) if convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education program; (16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant; or (17) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.

      (b) When a defendant has been sentenced to a period of probation, the Court Support Services Division may require that the defendant comply with any or all conditions which the court could have imposed under subsection (a) of this section which are not inconsistent with any condition actually imposed by the court.

      (c) At any time during the period of probation or conditional discharge, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.

      (d) The period of participation in an alternate incarceration program, unless terminated sooner, shall not exceed the period of probation authorized by section 53a-29 or two years, whichever is less.

      (e) The court may require that the person subject to electronic monitoring pursuant to subsection (a) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. Any contract entered into by the Judicial Branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed six dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.

      (1969, P.A. 828, S. 30; 1971, P.A. 781, S. 1; P.A. 73-231; P.A. 78-188, S. 4, 8; P.A. 79-585, S. 9, 15; P.A. 82-298, S. 8; P.A. 86-403, S. 88, 132; P.A. 89-383, S. 4, 16; 89-390, S. 19, 37; P.A. 90-213, S. 4, 56; June Sp. Sess. P.A. 91-9, S. 4, 10; P.A. 93-340, S. 13, 19; P.A. 94-128, S. 1, 3; P.A. 95-142, S. 3; P.A. 97-199, S. 3; June 18 Sp. Sess. P.A. 97-11, S. 62, 65; P.A. 99-183, S. 12, 13; P.A. 00-72, S. 5, 12; 00-141, S. 1; P.A. 01-84, S. 15, 26; P.A. 02-132, S. 31; P.A. 03-208, S. 1; P.A. 05-288, S. 182; P.A. 06-187, S. 29; 06-196, S. 292.)

      History: 1971 act authorized court to order defendant to reside in residential community center and contribute to costs; P.A. 73-231 authorized court to order that defendant shall reside in a halfway house approved by commissioner of correction; P.A. 78-188 restated Subsec. (a)(4) and required offender to submit to restitution investigation if necessary; P.A. 79-585 replaced commission on adult probation with office of adult probation in Subsec. (b); P.A. 82-298 amended Subsec. (a) by deleting provision re restitution investigation as provided in Sec. 54-110a; P.A. 86-403 made technical change in Subsec. (c), substituting "conditional discharge" for "conditional release"; P.A. 89-383 added new Subsec. (a)(8) authorizing the court to order certain defendants to participate in an alternate incarceration program, renumbering the remaining Subdivs. accordingly, and added Subsec. (d) limiting the period of participation in an alternate incarceration program, effective July 5, 1989, to July 1, 1994; P.A. 89-390 added new Subsec. (a)(9) authorizing the court to order the defendant to participate in a program of special alternative incarceration in accordance with Sec. 53a-39b, renumbering the remaining Subdiv. accordingly; P.A. 90-213 added Subsec. (a)(11) authorizing the court to order the defendant to participate in a program of community service labor in accordance with Sec. 53a-39c, renumbering the remaining Subdiv. accordingly; June Sp. Sess. P.A. 91-9 deleted former Subsec. (a)(9) authorizing court to order defendant to participate in a program of special alternative incarceration in accordance with Sec. 53a-39b, renumbering remaining Subdivs. accordingly; P.A. 93-340 added new Subsec. (a)(11) authorizing the court to order the defendant to undergo specialized sexual offender treatment when convicted of sexual assault under certain circumstances, renumbering the remaining Subdiv. accordingly, effective July 1, 1993; P.A. 94-128 negated effect of P.A. 89-383 which had discontinued alternative incarceration program as of July 1, 1994, and reenacted and continued existence of section, effective July 1, 1994; P.A. 95-142 amended Subsec. (a)(11) to include a violation of Sec. 53-21(2) and delete provisions that limited the applicability of said Subdiv. to where the conviction is of a second or subsequent violation or the defendant was 18 years of age or older and the victim was under 13 years of age; P.A. 97-199 added new Subsec. (a)(11) re participation in program of community service, renumbering existing Subdivs. (11) and (12) as Subdivs. (12) and (13), respectively; June 18 Sp. Sess. P.A. 97-11 changed effective date of P.A. 97-199 from October 1, 1997, to July 1, 1997, effective July 1, 1997; P.A. 99-183 added new Subsec. (a)(13) re registration of identifying factors with the Commissioner of Public Safety by certain sexual offenders and renumbering existing Subdiv. (13) as Subdiv. (14), effective July 1, 1999; P.A. 00-72 amended Subsec. (a) by adding new provision, designated as Subdiv. (15), re participation in an anti-bias crime education program and making technical changes, effective July 1, 2001; P.A. 00-141 amended Subsec. (a) to make technical changes and add Subdiv. (14) re electronic monitoring, and added Subsec. (e) re electronic monitoring services; P.A. 01-84 amended Subsec. (a)(12) to replace reference to "subdivision (2) of section 53-21" with "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; P.A. 02-132 amended Subsec. (b) by replacing "Office of Adult Probation" with "Court Support Services Division" and making a technical change; P.A. 03-208 added new Subsec. (a)(16) re counseling or participation in an animal cruelty prevention and education program for defendant convicted of a violation of Sec. 53-247, redesignating existing Subdiv. (16) as Subdiv. (17); P.A. 05-288 made a technical change in Subsec. (e), effective July 13, 2005; P.A. 06-187 amended Subsec. (a)(14) to provide that electronic monitoring may include the use of a global positioning system and amended Subsec. (e) to increase the maximum total daily cost for electronic monitoring services from $5 to $6, effective July 1, 2006; P.A. 06-196 changed effective date of P.A. 06-187, S. 29 from July 1, 2006, to October 1, 2006, effective June 7, 2006.

      Cited. 170 C. 128. Cited. 204 C. 52. Cited. 207 C. 152. Cited. 222 C. 299. Cited. 225 C. 46. Cited. 240 C. 639. Trial court's imposition of restitution as additional condition of probation was not punitive in nature and therefore did not affect defendant's sentence. Section does not deprive trial court of jurisdiction to impose a condition of probation subsequent to initial sentencing and prior to defendant's commencement of probation period. 283 C. 735.

      Cited. 9 CA 686. Cited. 12 CA 338. Cited. 14 CA 272. Cited. 19 CA 304. Cited. 22 CA 199; Id., 449. Cited. 32 CA 1. Cited. 33 CA 432. Cited. 34 CA 1. Cited. 39 CA 722. Cited. 45 CA 722. Trial court's modification of defendant's probation to include sex offender evaluation and treatment was proper; Office of Adult Probation had authority under the statute to add an additional condition of probation; sexual offender treatment is clearly enumerated in Subsec. (a) and could have been imposed by sentencing court; and at any time during the period of probation, after hearing and for good cause shown, court may modify or enlarge the conditions of probation pursuant to Subsec. (c). 57 CA 112. Failure to deliver a written copy of conditions of probation did not excuse subsequent probation violation and did not invalidate resulting probation revocation. 58 CA 153. Condition required by Office of Adult Probation was inconsistent with those required by court. 69 CA 421 (judgment reversed, see 268 C. 174). Under this section, the office of probation had authority to include a curfew restriction on defendant at the start of his probationary period without a court hearing and a showing of good cause, and such a condition was not inconsistent with the purposes of probation. 75 CA 643. List set forth in section meant to be illustrative, and not exhaustive. 83 CA 142.

      Cited. 35 CS 536. Requiring defendant to sell his gun collection was a condition reasonably related to his rehabilitation. Id., 570. Cited. 41 CS 229. Cited. 42 CS 574.

      Subsec. (a):

      Cited. 169 C. 223. Subdiv. (2) cited. Id., 223. Subdiv. (7) cited. 196 C. 305. Cited. 229 C. 285. Where, pursuant to a plea bargain, defendant pleads guilty to sexual assault in fourth degree in violation of Sec. 53a-73a and public indecency in violation of Sec. 53a-186, trial court acted within its discretion in permitting office of adult probation to notify members of defendant's community. 250 C. 280.

      Subdiv. (9) cited. 3 CA 410. Subdiv. (4) cited. 7 CA 326. Cited. 42 CA 460. Cited. 45 CA 722. Trial court's order of sexual offender treatment was authorized because section grants the court broad authority to impose any other conditions reasonably related to rehabilitation. 57 CA 743. Court's order that defendant pay veterinary and impoundment bills incurred from defendant's failure to restrain an animal from doing injury to another animal in violation of Sec. 53-247(a) was proper because such bills met statutory requirement of "fruits" for which the court may order restitution and such order did not violate "due process" because court was justified in concluding that defendant had means of earning income during the period set for restitution. 84 CA 542. Trial court's order of specialized sex offender treatment as condition of probation was authorized under Subdiv. (17) re "other conditions reasonably related to" rehabilitation and was not prohibited due to omission from Subdiv. (12) which enumerated certain crimes meriting such treatment. 95 CA 686. Court's termination of defendant's status in accelerated rehabilitation program cannot rest solely on undisposed charge of a crime identical to the underlying charge for which defendant seeks dismissal. 98 CA 111. Subdiv. (17): In order for a condition of probation to be "reasonably related to the defendant's rehabilitation" pursuant to Subdiv., there must be a nexus between the condition of probation and the charge for which defendant is serving probation. 102 CA 507.

      Subdiv. (4) cited. 35 CS 675. Cited. 37 CS 853. Subdiv. (4) cited. 39 CS 504. Defendant found to have complied with terms of his accelerated rehabilitation program which required that he refrain from violating any criminal laws of the United States, this state or any other state, notwithstanding fact that defendant pled guilty to criminal charges stemming from separate events that occurred after date that he applied for entry into accelerated rehabilitation but prior to date that he was actually accepted into program. 50 CS 383.

      Subsec. (b):

      Cited. 229 C. 285.

      Cited. 3 CA 410. Cited. 33 CA 103. Cited. 42 CA 768. Office's requirement that, as part of sex offender treatment, defendant refrain from use of alcohol is consistent with terms ordered by the court and therefore properly imposed by the office. 60 CA 614. Probation officer could not enter into agreement with defendant that would have been in direct contradiction to a condition of probation imposed by sentencing court. 86 CA 657.

      Cited. 37 CS 853.

      Subsec. (c):

      Special condition on probation administration properly imposed one year after sentencing in exercise of court's discretion. 207 C. 152. Once the defendant is discharged from probation, the conditions of his probation are no longer subject to modification or enlargement. 287 C. 478.

      Cited. 33 CA 103. Cited. 37 CA 72. Cited. 42 CA 768. Probation officer did not have authority to modify original conditions of probation ordered by sentencing court. 86 CA 657. The statute mandates that a court conduct a hearing related to any decision to modify probation and the hearing must be the forum in which the court explores the issue of whether good cause exists at the time the court is considering modifying the terms of the probation. The court may not modify probation unless there is a showing of good cause. 107 CA 800.

      Sec. 53a-31. Calculation of periods of probation and conditional discharge. Compliance with conditions during interrupted period. (a) A period of probation or conditional discharge commences on the day it is imposed, except that, where it is preceded by a sentence of imprisonment with execution suspended after a period of imprisonment set by the court, it commences on the day the defendant is released from such imprisonment. Multiple periods, whether imposed at the same or different times, shall run concurrently.

      (b) Issuance of a warrant or notice to appear for violation pursuant to section 53a-32 shall interrupt the period of the sentence as of the date of such issuance until a final determination as to the violation has been made by the court. In the absence of a warrant or notice to appear for violation pursuant to section 53a-32, if the defendant has failed to comply with any of the conditions of probation or conditional discharge, such failure shall not relieve the Court Support Services Division from the responsibility of supervising the defendant.

      (c) Notwithstanding the issuance of a warrant or notice to appear for violation pursuant to section 53a-32, the defendant shall continue to comply with the conditions with which the defendant was previously required to comply pursuant to section 53a-30. The Court Support Services Division shall make reasonable efforts to inform the defendant of the defendant's obligation to continue to comply with such conditions and to provide the defendant with a copy of such conditions.

      (d) In any case where a person who is under a sentence of probation or of conditional discharge is also under an indeterminate sentence of imprisonment, or a sentence authorized under section 18-65a or 18-73, imposed for some other offense by a court of this state, the service of the sentence of imprisonment shall satisfy the sentence of probation or of conditional discharge unless the sentence of probation or of conditional discharge is revoked prior to parole or satisfaction of the sentence of imprisonment.

      (1969, P.A. 828, S. 31; 1971, P.A. 871, S. 11; P.A. 87-282, S. 20; P.A. 92-260, S. 13; P.A. 97-151, S. 1; P.A. 02-132, S. 32; P.A. 03-278, S. 103; Jan. Sp. Sess. P.A. 08-1, S. 36; P.A. 08-102, S. 5, 6.)

      History: 1971 act substituted sentences "authorized under section 18-73 or 18-75" for "reformatory" sentences in Subsec. (c); P.A. 87-282 amended Subsec. (c) to delete obsolete reference to repealed Sec. 18-75; P.A. 92-260 amended Subsec. (c) to add reference to Sec. 18-65a; P.A. 97-151 amended Subsec. (b) to authorize the court to impose any of the conditions of release set forth in Sec. 54-64a during the interrupted period and provide that, in the absence of a warrant or notice to appear for violation, the failure of the defendant to comply with any conditions of probation or conditional discharge does not relieve the Office of Adult Probation from the responsibility of supervising the defendant; P.A. 02-132 amended Subsec. (b) by replacing "Office of Adult Probation" with "Court Support Services Division"; P.A. 03-278 made a technical change in Subsec. (b), effective July 9, 2003; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to replace provision that during interrupted period "the court may impose any of the conditions of release set forth in section 54-64a" with provision that during such period "unless otherwise ordered by the court, the defendant shall comply with any conditions imposed or with any conditions he or she was previously required to comply pursuant to section 53a-30", effective January 25, 2008; P.A. 08-102 amended Subsec. (b) to replace provision that during interrupted period "unless otherwise ordered by the court, the defendant shall comply with any conditions imposed or with any conditions he or she was previously required to comply pursuant to section 53a-30" with provision that during such period "the court may impose any of the conditions of release set forth in section 54-64a", thereby reversing the change made by Jan. Sp. Sess. P.A. 08-1, effective May 27, 2008, and further amended Subsec. (b) to delete "During the interrupted period, the court may impose any of the conditions of release set forth in section 54-64a", added new Subsec. (c) to require defendant to continue to comply with previously imposed conditions notwithstanding issuance of a warrant or notice to appear for a violation and require Court Support Services Division to make reasonable efforts to inform defendant of defendant's obligation to continue to comply with such conditions and provide defendant with copy of such conditions, and redesignated existing Subsec. (c) as Subsec. (d), effective October 1, 2008.

      Cited. 170 C. 128. Cited. 222 C. 299.

      Cited. 9 CA 686. Cited. 32 CA 1. Cited. 34 CA 1. Held: Term "release" as used in section includes physical release from custody whether by mistake or not and probation commences by operation of law on date of actual release from imprisonment. 36 CA 440.

      Subsec. (a):

      Cited. 24 CA 575. Cited. 39 CA 722. Although probation may continue during a period of incarceration, it does not commence pursuant to this section unless defendant is released from imprisonment. 60 CA 515.

      Subsec. (b):

      Cited. 9 CA 59. Cited. 37 CA 72. Cited. 39 CA 722. Defendant is not excused from complying with conditions of probation simply because a probation officer informs him that he is in violation of that probation. 75 CA 643.

      Sec. 53a-32. Violation of probation or conditional discharge. Arrest. Pretrial release conditions and supervision. Hearing. Disposition. (a) At any time during the period of probation or conditional discharge, the court or any judge thereof may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation or conditional discharge, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the defendant. Any such warrant shall authorize all officers named therein to return the defendant to the custody of the court or to any suitable detention facility designated by the court. Whenever a defendant has, in the judgment of such defendant's probation officer, violated the conditions of such defendant's probation, the probation officer may, in lieu of having such defendant returned to court for proceedings in accordance with this section, place such defendant in the zero-tolerance drug supervision program established pursuant to section 53a-39d. Whenever a sexual offender, as defined in section 54-260, has violated the conditions of such person's probation by failing to notify such person's probation officer of any change of such person's residence address, as required by said section, such probation officer may notify any police officer that such person has, in such officer's judgment, violated the conditions of such person's probation and such notice shall be sufficient warrant for the police officer to arrest such person and return such person to the custody of the court or to any suitable detention facility designated by the court. Any probation officer may arrest any defendant on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such other officer a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of the defendant's probation. Such written statement, delivered with the defendant by the arresting officer to the official in charge of any correctional center or other place of detention, shall be sufficient warrant for the detention of the defendant. After making such an arrest, such probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this section. Upon such arrest and detention, the probation officer shall immediately so notify the court or any judge thereof.

      (b) When the defendant is presented for arraignment on the charge of violation of any of the conditions of probation or conditional discharge, the court shall review any conditions previously imposed on the defendant and may order, as a condition of the pretrial release of the defendant, that the defendant comply with any or all of such conditions in addition to any conditions imposed pursuant to section 54-64a. Unless the court, pursuant to subsection (c) of section 54-64a, orders that the defendant remain under the supervision of a probation officer or other designated person or organization, the defendant shall be supervised by the Court Support Services Division of the Judicial Branch in accordance with subsection (a) of section 54-63b.

      (c) Upon notification by the probation officer of the arrest of the defendant or upon an arrest by warrant as herein provided, the court shall cause the defendant to be brought before it without unnecessary delay for a hearing on the violation charges. At such hearing the defendant shall be informed of the manner in which such defendant is alleged to have violated the conditions of such defendant's probation or conditional discharge, shall be advised by the court that such defendant has the right to retain counsel and, if indigent, shall be entitled to the services of the public defender, and shall have the right to cross-examine witnesses and to present evidence in such defendant's own behalf. Unless good cause is shown, a charge of violation of any of the conditions of probation or conditional discharge shall be disposed of or scheduled for a hearing not later than one hundred twenty days after the defendant is arraigned on such charge.

      (d) If such violation is established, the court may: (1) Continue the sentence of probation or conditional discharge; (2) modify or enlarge the conditions of probation or conditional discharge; (3) extend the period of probation or conditional discharge, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29; or (4) revoke the sentence of probation or conditional discharge. If such sentence is revoked, the court shall require the defendant to serve the sentence imposed or impose any lesser sentence. Any such lesser sentence may include a term of imprisonment, all or a portion of which may be suspended entirely or after a period set by the court, followed by a period of probation with such conditions as the court may establish. No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by the introduction of reliable and probative evidence and by a preponderance of the evidence.

      (1969, P.A. 828, S. 32; 1971, P.A. 871, S. 12; P.A. 86-403, S. 89, 132; P.A. 95-142, S. 7; P.A. 98-130; P.A. 99-187, S. 4; P.A. 08-102, S. 7.)

      History: 1971 act clarified Subsec. (b) to specify that lesser sentence may be imposed when a sentence is revoked; P.A. 86-403 made technical change in Subsec. (b), substituting "conditional discharge" for "conditional release"; P.A. 95-142 amended Subsec. (a) to add provision re the arrest and return of a sexual offender who has violated the conditions of his probation by failing to notify his probation officer of a change of address and amended Subsec. (b) to rephrase provisions, insert Subdiv. indicators, add Subdiv. (3) authorizing an extension of the period of probation or conditional discharge and prohibit revocation of probation or conditional discharge unless a violation is established "by the introduction of reliable and probative evidence and by a preponderance of the evidence" rather than by "reliable and probative evidence"; P.A. 98-130 amended Subsec. (b) to add provision that any lesser sentence imposed upon revocation may include a term of imprisonment followed by a period of probation; P.A. 99-187 amended Subsec. (a) to add provision authorizing a probation officer to place a defendant who, in such officer's judgment, has violated the conditions of such defendant's probation in the zero-tolerance drug supervision program in lieu of returning such defendant to court for violation of probation proceedings and to make technical changes for purposes of gender neutrality; P.A. 08-102 added new Subsec. (b) re court review of previously imposed conditions, court-ordered pretrial release conditions and supervising authority for defendant, designated existing provisions re hearing on violation charges as Subsec. (c) and amended same to make a technical change and add requirement that a charge of violation be disposed of or scheduled for a hearing not later than 120 days after arraignment, and redesignated existing Subsec. (b) as Subsec. (d).

      See Sec. 54-108c re availability on Internet of information on outstanding arrest warrants for probation violations.

      Cited. 165 C. 73. Defendant's right to counsel hereunder is of "constitutional dimension", and tests of competency are met. 167 C. 639. Order of probation revocation was upheld where defendant moved from receiving state of Maine to Massachusetts without reporting to Connecticut parole authorities and was convicted of possession of drugs in Massachusetts. Id. Cited. 169 C. 223. Cited. 170 C. 118. In determining issue of "unnecessary delay" principles applicable to sixth amendment "speedy trial" determinations may be considered. 192 C. 321. Cited. 193 C. 35. Cited. 195 C. 461. Cited. 204 C. 52. Cited. 207 C. 152; Id., 565. Cited. 219 C. 629. Cited. 222 C. 299. Cited. 226 C. 191. Cited. 228 C. 487. "Fair preponderance of the evidence" standard for determining whether probation has been violated. Judgment of appellate court in State v. Davis, 29 CA 801, 813, reversed. 229 C. 285. Cited. 235 C. 469. Cited. 240 C. 639. Cited. 242 C. 648. Willfulness not an element of a probation violation; state need only establish that probationer knew of the condition and engaged in conduct that violated the condition. 256 C. 412. If a defendant has been convicted of criminal conduct, following either a guilty plea, Alford plea or jury trial, and defendant has pursued a timely appeal from such conviction and that appeal remains unresolved, a live controversy exists so that an appeal challenging a finding of violation of probation stemming from that conduct is not moot. 286 C. 353.

      Cited. 3 CA 410. Cited. 6 CA 394. Cited. 7 CA 131. Cited. 9 CA 59; Id., 686. Cited. 11 CA 251. Cited. 12 CA 679. Cited. 13 CA 638. Cited. 15 CA 34. Cited. 16 CA 264. Cited. 18 CA 368. Cited. 19 CA 304. Cited. 20 CA 572. Cited. 22 CA 303. Cited. 23 CA 642; judgment reversed, see 219 C. 629. Cited. 27 CA 225; Id., 780. Standard of proof needed to find a violation of probation discussed. 29 CA 801; judgment reversed, see 229 C. 285. Cited. 30 CA 346. Cited. 31 CA 278; judgment reversed, see 230 C. 385.; see also 37 CA 801. Cited. 32 CA 1. Cited. 33 CA 162, see also 35 CA 520. Cited. 34 CA 1; Id., 46; Id., 537. Cited. 35 CA 107. Proper standard of proof in revocation of probation proceeding is that of a fair preponderance of the evidence; previous consideration of case, 33 CA 162, remanded for reconsideration, 229 C. 916; original judgment reversed and case remanded for new probation revocation hearing. Id., 520. Sec. 53a-31 et seq. cited. 36 CA 440. Cited. 37 CA 72. Cited. 38 CA 762. Cited. 39 CA 175; Id., 267; Id., 722. Cited. 40 CA 395. Cited. 42 CA 768. Cited. 45 CA 566. Reaffirmed prior holding that proper standard of proof for revocation of probation hearing proceeding is a fair preponderance of evidence and that revocation is on consideration of the whole record. 52 CA 557. A probation revocation hearing has two distinct components. 56 CA 125. In determining whether defendant's probationary status should be revoked court has broad discretion and every reasonable presumption should be given in favor of the correctness of court's ruling. 57 CA 743. State may amend the factual basis for an alleged probation violation prior to a hearing under section. 60 CA 515. If a specific condition of probation does not explicitly proscribe certain noncriminal conduct and can not be reasonably interpreted to proscribe such conduct, defendant must receive actual notice that continuation of the conduct could result in a charge of violation of a condition of probation. Id., 716. Willfulness is not element of the offense of violation of probation. Court's findings that defendant violated probation were not clearly erroneous. 68 CA 367. Trial court did not abuse its discretion in revoking defendant's probation and reinstating prison sentence after defendant's urine tested positive for opiate. Id., 437. Court is vested with broad discretion in determining, on basis of the entire record, whether sentence of probation should continue or be revoked, and court may require defendant to serve the sentence imposed or impose a lesser sentence. 81 CA 710. Trial court properly found violations of defendant's probation and did not abuse its discretion in revoking his probation. 102 CA 154. Because defendant accepted a sentence that included probation, modification of terms of probation for violation of Sec. 53-21 to include sexual offender evaluation and treatment did not violate due process as long as modified conditions reasonably related to rehabilitation and public safety. 105 CA 693.

      Cited. 42 CS 574.

      Subsec. (a):

      Cited. 10 CA 395. Cited. 25 CA 421; judgment reversed, see 222 C. 299. Trial court reasonably could have found, by a preponderance of the evidence, that defendant violated his probation by engaging in breach of the peace and criminal mischief and thus violated criminal laws of the state. 57 CA 64. State satisfied notice requirements when it recited the charges constituting defendant's violation of probation during both defendant's arraignment and probation revocation hearing. 80 CA 75.

      Subsec. (b):

      Cited. 178 C. 145. Cited. 225 C. 46. Court's discretion to provide right of allocution to defendant during probation revocation proceeding is identical to discretion provided at time of original sentencing. 243 C. 339. When defendant has raised a claim that trial court abused its discretion in rendering its judgment during dispositional phase, practical relief is available even when there is no live controversy as to whether defendant committed the underlying offense and, therefore, the claim is not moot. 286 C. 367.

      Cited. 1 CA 70. Cited. 10 CA 395. Cited. 31 CA 660. Trial court has broad discretion in continuing or revoking sentence of probation. 50 CA 46. Provides that once a probation violation is established, court may extend period of probation if original period with any extension does not exceed periods authorized by Sec. 53a-29. 72 CA 33. Subsec. requires that violation of probation be "established by the introduction of reliable and probative evidence." This requirement is not satisfied when, as in this case, the substance that defendant possessed was readily available for laboratory analysis to determine whether it in fact contained cocaine, a narcotic, but was never subjected to such testing. 81 CA 409.

      Sec. 53a-32a. Violation of probation by certain sexual offenders. If a defendant who entered a plea of nolo contendere or a guilty plea under the Alford doctrine to a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, and was ordered to undergo sexual offender treatment as a condition of probation, becomes ineligible for such treatment because of such defendant's refusal to acknowledge that such defendant committed the act or acts charged, such defendant shall be deemed to be in violation of the conditions of such defendant's probation and be returned to court for proceedings in accordance with section 53a-32.

      (P.A. 97-151, S. 2; P.A. 01-84, S. 16, 26.)

      History: P.A. 01-84 replaced reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000," included a violation of "subdivision (2) of subsection (a) of section 53-21" and made technical changes for purposes of gender neutrality, effective July 1, 2001.

      Trial court not required to notify defendant, upon entering guilty plea under Alford doctrine, that failure to acknowledge his guilt could result in violation of condition of his probation requiring sex offender treatment. 268 C. 174. Defendant had been afforded a full hearing on his violation of probation charge as required under Sec. 53a-32(a). Even when defendant is acquitted of the underlying crime leading to probation revocation proceeding, probation may still be revoked. 281 C. 548.

      Statute can be applied only prospectively. 69 CA 421. Trial court improperly considered defendant's refusal to admit to guilt during sexual offender treatment as a violation of probation. Id. (judgment reversed, see 268 C. 174). Section does not prevent court from revoking probation for failure to satisfy probation condition of successful completion of sexual offender treatment related to a crime committed under Sec. 53a-21(a)(1) which is not enumerated in section because section's automatic nature does not deprive courts of discretion to revoke probation under other circumstances. 95 CA 686. Simply because automatic revocation proceeding established by section arguably is inapplicable to defendant convicted after trial, it does not follow that such defendant is immune from discretionary revocation sought by defendant's probation officer on the basis of defendant's discharge from sex offender treatment in accordance with the normal procedures set forth in Sec. 53a-32. 98 CA 579.

      Sec. 53a-33. Termination of probation or conditional discharge. The court or sentencing judge may at any time during the period of probation or conditional discharge, after hearing and for good cause shown, terminate a sentence of probation or conditional discharge before the completion thereof, except a sentence of probation imposed for conviction of a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.

      (1969, P.A. 828, S. 33; P.A. 92-260, S. 14; P.A. 95-142, S. 11; P.A. 01-84, S. 17, 26.)

      History: P.A. 92-260 added "a sentence of"; P.A. 95-142 specified that a sentence of probation or conditional discharge may be terminated "before the completion thereof" and precluded termination of a sentence of probation imposed for conviction of a violation of Sec. 53-21(2) or Sec. 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b; P.A. 01-84 replaced reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000," and included a violation of "subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001.

      Cited. 165 C. 73. Cited. 170 C. 128. Cited. 219 C. 752. Cited. 222 C. 299. Cited. 225 C. 46.

      Cited. 9 CA 686. Cited. 32 CA 1. Cited. 34 CA 1. Sec. 53a-31 et seq. cited. 36 CA 440.

      Sec. 53a-34. Unconditional discharge: Criteria; effect. (a) The court may impose a sentence of unconditional discharge in any case where it is authorized to impose a sentence of conditional discharge under section 53a-29, if the court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant's release.

      (b) When the court imposes a sentence of unconditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probation supervision or conditions. A sentence of unconditional discharge is for all purposes a final judgment of conviction.

      (1969, P.A. 828, S. 34.)

      Cited. 170 C. 128. Cited. 180 C. 557. Cited. 188 C. 557. Cited. 222 C. 299.

      Cited. 9 CA 686. Cited. 12 CA 32. Cited. 32 CA 1. Cited. 34 CA 1. Sec. 53a-31 et seq. cited. 36 CA 440.

      Subsec. (a):

      Cited. 182 C. 595.

      Sec. 53a-35. Imprisonment for any felony committed prior to July 1, 1981: Indeterminate sentences; maximum and minimum terms. (a) For any felony committed prior to July 1, 1981, the sentence of imprisonment shall be an indeterminate sentence, except as provided in subsection (d). When such a sentence is imposed the court shall impose a maximum term in accordance with the provisions of subsection (b) and the minimum term shall be as provided in subsection (c) or (d).

      (b) The maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment; (2) for a class B felony, a term not to exceed twenty years; (3) for a class C felony, a term not to exceed ten years; (4) for a class D felony, a term not to exceed five years; (5) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime; and (6) for a capital felony, life imprisonment unless a sentence of death is imposed in accordance with section 53a-46a.

      (c) Except as provided in subsection (d) the minimum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, the minimum term shall not be less than ten nor more than twenty-five years; (2) for a class B, C or D felony the court may fix a minimum term of not less than one year nor more than one-half of the maximum term imposed, except that (A) where the maximum is less than three years the minimum term may be more than one-half the maximum term imposed or (B) when a person is found guilty under section 53a-59(a)(1), section 53a-59a, 53a-101(a)(1) or 53a-134(a)(2), the minimum term shall be not less than five years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60c, the minimum term shall be not less than three years and such sentence shall not be suspended or reduced, or when a person is found guilty under section 53a-60b,the minimum term shall be not less than two years and such sentence shall not be suspended or reduced; (3) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.

      (d) Notwithstanding the provisions of subsections (a) and (c), except as provided in subdivision (2) of said subsection (c), when a person is sentenced for a class C or D felony or for an unclassified felony, the maximum sentence for which does not exceed ten years, the court may impose a definite sentence of imprisonment and fix a term of one year or less; except when a person is found guilty under sections 53a-55a, 53a-56a, 53a-60a, 53a-70a, 53a-72b, 53a-92a, 53a-94a, 53a-102a and 53a-103a, the court shall not fix a term of less than one year.

      (1969, P.A. 828, S. 35; 1971, P.A. 871, S. 13; P.A. 73-137, S. 8; P.A. 74-186, S. 9, 12; P.A. 75-380, S. 14; 75-411, S. 3; P.A. 76-435, S. 2, 82; P.A. 77-422, S. 5; P.A. 80-442, S. 9, 28; P.A. 83-587, S. 76, 96.)

      History: 1971 act amended Subsec. (a) to add reference to minimum sentence terms in Subsec. (d), required that sentence be specified in the sentence in Subsec. (b), amended Subsec. (c) to add exception re Subsec. (d), to raise minimum term for Class A felony from 1 to 10 years and maximum term from 10 to 25 years, to clarify exception re maximum term of 3 years by specifying minimum terms and to add Subdiv. (3) re unclassified felonies and amended Subsec. (d) to add exception re Subsec. (c)(2) and to include applicability re unclassified felonies; P.A. 73-137 removed reference to death sentence imposed for class A felony in accordance with Sec. 53a-46 in Subsec. (b)(1) and added Subdiv. (6) re capital felonies; P.A. 74-186 removed reference to guilt under Subdivs. (2) or (4) of Sec. 53a-60(a) in Subsec. (c)(2)(B); P.A. 75-380 added exception in Subsec. (d) re required 1-year term; P.A. 75-411 deleted reference to guilt under Sec. 53a-135(a)(2) in Subsec. (c)(2)(B); P.A. 76-435 added exception in Subsec. (d) as amended by P.A. 75-380; P.A. 77-422 expanded exception in Subsec. (c)(2)(B) re required 3-year and 2-year minimum terms and added reference to guilt under Sec. 53-59a; P.A. 80-442 amended Subsec. (a) to limit applicability to felonies committed prior to July 1, 1981, effective on that date; P.A. 83-587 substituted "53a-59a" for "53-59a" in Subsec. (c).

      Cited. 169 C. 263. Cited. 176 C. 270. Cited. 180 C. 557. Cited. 182 C. 595. Cited. 190 C. 327; Id., 639. Cited. 219 C. 752.

      Cited. 1 CA 724. Cited. 9 CA 686. Cited. 12 CA 403. Cited. 19 CA 440; Id., 571; Id., 631. Cited. 24 CA 612. Cited. 37 CA 228.

      Courts may impose a definite sentence for a felony of one year or less. 31 CS 350. Cited. 33 CS 705.

      Subsec. (a):

      Cited. 171 C. 278. Cited. 189 C. 114. Cited. 196 C. 655.

      Subsec. (b):

      Subdiv. (2) cited. 189 C. 114. Cited. 193 C. 144. Subdiv. (1) cited. 195 C. 326. Subdiv. (2) cited. Id. Subdiv. (4) cited. 199 C. 121; 231 C. 545. Subdiv. (3) cited. Id., 545.

      Cited. 46 CA 450.

      Subsec. (c):

      Subdiv. (2)(B): Rational relationship exists between the protection of public health and safety and the imposition of nonsuspendable sentence for violent crime of second degree robbery, an essential element of which is threatened use of a deadly weapon or dangerous instrument. 171 C. 677. Subdiv. (2) cited. 189 C. 114. Cited. 193 C. 144. Subdiv. (1) cited. 195 C. 326. Subdiv. (2) cited. Id.; 197 C. 413; Id., 485; 199 C. 121; 202 C. 343. Subdiv. (1) cited. 211 C. 591.

      Subdiv. (2) cited. 12 CA 403. Subdiv. (3) cited. Id.

      Sec. 53a-35a. Imprisonment for any felony committed on or after July 1, 1981: Definite sentences; terms authorized. For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a definite sentence and the term shall be fixed by the court as follows: (1) For a capital felony, a term of life imprisonment without the possibility of release unless a sentence of death is imposed in accordance with section 53a-46a; (2) for the class A felony of murder, a term not less than twenty-five years nor more than life; (3) for the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term not less than twenty-five years or more than fifty years; (4) for a class A felony other than an offense specified in subdivision (2) or (3) of this section, a term not less than ten years nor more than twenty-five years; (5) for the class B felony of manslaughter in the first degree with a firearm under section 53a-55a, a term not less than five years nor more than forty years; (6) for a class B felony other than manslaughter in the first degree with a firearm under section 53a-55a, a term not less than one year nor more than twenty years, except that for a conviction under section 53a-59(a)(1), 53a-59a, 53a-70a, 53a-94a, 53a-101(a)(1) or 53a-134(a)(2), the term shall be not less than five years nor more than twenty years; (7) for a class C felony, a term not less than one year nor more than ten years, except that for a conviction under section 53a-56a, the term shall be not less than three years nor more than ten years; (8) for a class D felony, a term not less than one year nor more than five years, except that for a conviction under section 53a-60b or 53a-217, the term shall be not less than two years nor more than five years, for a conviction under section 53a-60c, the term shall be not less than three years nor more than five years, and for a conviction under section 53a-216, the term shall be five years; (9) for an unclassified felony, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.

      (P.A. 80-442, S. 10, 28; P.A. 86-220; P.A. 92-260, S. 15; July Sp. Sess. P.A. 94-2, S. 2; P.A. 07-143, S. 12.)

      History: P.A. 80-442 effective July 1, 1981; P.A. 86-220 amended Subdiv. (1) to add "imprisonment without the possibility of release" to reflect revision made by P.A. 85-366; P.A. 92-260 amended Subdiv. (6) to add reference to "Sec. 53a-217" and provision that "for a conviction under section 53a-216, the term shall be five years", to reflect existing minimum mandatory sentences prescribed in said sections; July Sp. Sess. P.A. 94-2 added a new Subdiv. (4) to provide a term of not less than 5 years nor more than 40 years for the class B felony of manslaughter in the first degree with a firearm under Sec. 53a-55a, renumbering the remaining Subdivs. accordingly, and amended Subdiv. (5) to provide that the specified sentence is for a class B felony "other than manslaughter in the first degree with a firearm under section 53a-55a" and delete a reference to Sec. 53a-55a, reflecting the separate sentencing provisions established for Sec. 53a-55a in Subdiv. (4); P.A. 07-143 added new Subdiv. (3) to provide a term of not less than 25 years or more than 50 years for the class A felony of aggravated sexual assault of a minor under Sec. 53a-70c, renumbering the remaining Subdivs. accordingly, and amended renumbered Subdiv. (4) to replace "a class A felony other than murder" with "a class A felony other than an offense specified in subdivision (2) or (3) of this section", effective July 1, 2007.

      See Sec. 53a-41 re fines for felonies.

      Cited. 196 C. 655. Cited. 197 C. 337. Cited. 198 C. 92. Cited. 200 C. 268; Id., 664. Cited. 201 C. 598. Cited. 210 C. 519. Cited. 211 C. 258. Cited. 212 C. 31. Definite sentencing scheme for any felony under this section implicitly repealed indeterminate sentencing aspect of Sec. 21a-278(a). 214 C. 378. Cited. 219 C. 752. Cited. 220 C. 169. Cited. 225 C. 559. Cited. 230 C. 109. Cited. 234 C. 139; Id., 735. Cited. 235 C. 502. Cited. 238 C. 389. Cited. 240 C. 743.

      Cited. 6 CA 680. Cited. 8 CA 491. Cited. 9 CA 686. Cited. 10 CA 659. Cited. 12 CA 403. Cited. 19 CA 571. Cited. 23 CA 201. Cited. 32 CA 759. Cited. 35 CA 714. Cited. 42 CA 348.

      Subdiv. (1):

      Cited. 207 C. 374. Cited. 235 C. 206.

      Subdiv. (2):

      Cited. 216 C. 282.

      Cited. 34 CA 58, 93; judgment reversed, see 232 C. 537.

      Subdiv. (3):

      Cited. 198 C. 671. Cited. 235 C. 679.

      Cited. 8 CA 177.

      Subdiv. (4):

      Cited. 202 C. 93.

      Cited. 15 CA 416.

      Subdiv. (5):

      Subdiv. (6):

      Cited. 218 C. 273.

      Cited. 10 CA 486.

      Sec. 53a-35b. "Life imprisonment" defined. A sentence of imprisonment for life shall mean a definite sentence of sixty years, unless the sentence is life imprisonment without the possibility of release, imposed pursuant to subsection (g) of section 53a-46a, in which case the sentence shall be imprisonment for the remainder of the defendant's natural life.

      (P.A. 80-442, S. 11, 28; P.A. 85-366, S. 3; P.A. 95-19, S. 2.)

      History: P.A. 80-442 effective July 1, 1981; P.A. 85-366 added provision re life imprisonment without the possibility of release; P.A. 95-19 made a technical change.

      See Sec. 53a-35c re availability of sentence of life imprisonment without the possibility of release.

      Cited. 198 C. 92. Cited. 201 C. 276. Cited. 207 C. 374. Cited. 215 C. 231. Cited. 216 C. 282. Cited. 219 C. 752. Cited. 220 C. 169. Cited. 221 C. 430. Cited. 234 C. 139. Statutory provision affects substantive rights. In the absence of any clear and unequivocal expression by legislature rebutting presumption of prospective application, statute does not apply retroactively to persons sentenced prior to its enactment. 282 C. 317.

      Cited. 9 CA 686. Cited. 24 CA 612.

      Sec. 53a-35c. Availability of sentence of life imprisonment without the possibility of release. The sentence of life imprisonment without the possibility of release shall not be available as a sentence for an offense committed prior to October 1, 1985.

      (P.A. 85-366, S. 4.)

      Cited. 9 CA 686.

      Sec. 53a-36. Imprisonment for misdemeanor: Maximum and minimum sentences. A sentence of imprisonment for a misdemeanor shall be a definite sentence and the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year except that when a person is found guilty under section 53a-61(a)(3) or 53a-61a, the term shall be one year and such sentence shall not be suspended or reduced; (2) for a class B misdemeanor, a term not to exceed six months; (3) for a class C misdemeanor, a term not to exceed three months; (4) for an unclassified misdemeanor, a term in accordance with the sentence specified in the section of the general statutes that defines the crime.

      (1969, P.A. 828, S. 36; 1971, P.A. 871, S. 14; P.A. 77-422, S. 6; P.A. 92-260, S. 16.)

      History: 1971 act added exception re guilt under Sec. 53a-61(a)(3) in Subdiv. (1); P.A. 77-422 expanded exception to include guilt under Sec. 53a-61a; P.A. 92-260 amended Subdiv. (1) to consolidate statutory references and delete redundant language.

      See Sec. 53a-42 re fines for misdemeanors.

      Cited. 169 C. 223. Cited. 178 C. 145. Court in sentencing of defendant found guilty under Sec. 53a-61a must impose a mandatory nonsuspendable term of imprisonment and does not have option of imposing a fine or a sentence of unconditional discharge. 180 C. 557. Cited. 194 C. 198. Cited. 217 C. 73. Cited. 218 C. 273. Cited. 223 C. 635.

      Cited. 8 CA 607. Cited. 9 CA 686. Cited. 19 CA 631. Cited. 32 CA 656; judgment reversed in part, see 232 C. 345. Cited. 37 CA 228.

      Subdiv. (1):

      Cited. 189 C. 114.

      Subdiv. (2):

      Cited. 184 C. 434.

      Subdiv. (3):

      Cited. 12 CA 481.

      Sec. 53a-37. Multiple sentences: Concurrent or consecutive, minimum term. When multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undischarged term of imprisonment imposed at a previous time by a court of this state is sentenced to an additional term of imprisonment, the sentence or sentences imposed by the court shall run either concurrently or consecutively with respect to each other and to the undischarged term or terms in such manner as the court directs at the time of sentence. The court shall state whether the respective maxima and minima shall run concurrently or consecutively with respect to each other, and shall state in conclusion the effective sentence imposed. When a person is sentenced for two or more counts each constituting a separate offense, the court may order that the term of imprisonment for the second and subsequent counts be for a fixed number of years each. The court in such cases shall not set any minimum term of imprisonment except under the first count, and the fixed number of years imposed for the second and subsequent counts shall be added to the maximum term imposed by the court on the first count.

      (1969, P.A. 828, S. 37; P.A. 73-639, S. 4.)

      History: P.A. 73-639 added provisions clarifying court's sentencing powers in cases where person is to be sentenced for two or more counts each of which constitutes a separate offense.

      Cited. 178 C. 427. Statute provides for three sentencing options where multiple sentences are imposed at same time. Id., 634. Section authorizes multiple sentences with consecutive minimum and maximum terms. 179 C. 381. Cited. 184 C. 366; Id., 434. Cited. 185 C. 473. Cited. 190 C. 327. Cited. 192 C. 471. Cited. 197 C. 413; Id., 485. Cited. 206 C. 40; Id., 685. Cited. 207 C. 270; Id., 276. Cited. 208 C. 420. Cited. 217 C. 568. Does not impose limits on trial court's common law inherent sentencing power to stay execution of a criminal sentence. 225 C. 46. Cited. 228 C. 384. Court was not prohibited from imposing a term of incarceration consecutive to a sentence of life imprisonment without possibility of release. 249 C. 645.

      Cited. 7 CA 131; Id., 367. Cited. 9 CA 365; Id., 686. Cited. 17 CA 307. Cited. 20 CA 572. Cited. 26 CA 10. Cited. 34 CA 503. Application of section is limited to "offenses" and since criminal contempt is not a criminal offense it is not a matter within the section's scope; however, legislature did not intend to change existing common law in enacting this section and therefore trial court had inherent authority to impose criminal sentence that ran concurrently with previous sentence for criminal contempt. 59 CA 145.

      Cited. 30 CS 71. Cited. 36 CS 168.

      Sec. 53a-38. Calculation of terms of imprisonment. (a) An indeterminate sentence of imprisonment commences when the prisoner is received in the custody or institution to which he was sentenced.

      (b) A definite sentence of imprisonment commences when the prisoner is received in the custody to which he was sentenced. Where a person is under more than one definite sentence, the sentences shall be calculated as follows: (1) If the sentences run concurrently, the terms merge in and are satisfied by discharge of the term which has the longest term to run; (2) if the sentences run consecutively, the terms are added to arrive at an aggregate term and are satisfied by discharge of such aggregate term.

      (c) When a sentence of imprisonment that has been imposed on a person is vacated and a new sentence is imposed on such person for the same offense or for an offense based on the same act, the new sentence shall be calculated as if it had commenced at the time the vacated sentence commenced, and all time served under or credited against the vacated sentence shall be credited against the new sentence.

      (d) When a person who is serving a sentence of imprisonment escapes, the escape shall interrupt the sentence and such interruption shall continue until the return of such person to the custody of the Commissioner of Correction.

      (1969, P.A. 828, S. 38; P.A. 92-260, S. 17.)

      History: P.A. 92-260 made a technical change in Subsec. (c).

      Calculations of terms of imprisonment discussed. 185 C. 124. Cited. 230 C. 17.

      Cited. 9 CA 686. Cited. 45 CA 566.

      Subsec. (a):

      Cited. 33 CA 205.

      Cited. 40 CS 354.

      Subsec. (b):

      Cited. 209 C. 23. Subdiv. (2) cited. 217 C. 568. Subdiv. (1) cited. 228 C. 384. Subdiv. (2) cited. Id., 384. Where habeas corpus petitioner was convicted and sentenced on separate charges in April and September of same year, and the September sentence was to run concurrent to the April sentence, petitioner's September sentence began to run in September, because that is when he was "received in the custody to which he was sentenced". 274 C. 563.

      Cited. 34 CA 503.

      Subsec. (c):

      Cited. 202 C. 343. Cited. 215 C. 695. Cited. 216 C. 220. Fundamental purpose is to afford inmate credit toward current sentence for time that he was confined as direct result of his initial trial on same charges and therefore petitioner entitled to credit toward his prison sentence for time that he was confined in mental health facility. 258 C. 394.

      Cited. 30 CA 190. Cited. 39 CA 455. Proper method for calculating terms of imprisonment discussed. 90 CA 460.

      Sec. 53a-39. Reduction of sentence or discharge of defendant by sentencing court or judge. Statement by victim. (a) At any time during the period of a definite sentence of three years or less, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

      (b) At any time during the period of a definite sentence of more than three years, upon agreement of the defendant and the state's attorney to seek review of the sentence, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

      (c) The provisions of this section shall not apply to any portion of a sentence imposed that is a mandatory minimum sentence for an offense which may not be suspended or reduced by the court.

      (d) At a hearing held by the sentencing court or judge under this section, such court or judge shall permit any victim of the crime to appear before the court or judge for the purpose of making a statement for the record concerning whether or not the sentence of the defendant should be reduced, the defendant discharged or the defendant discharged on probation or conditional discharge pursuant to subsection (a) or (b) of this section. In lieu of such appearance, the victim may submit a written statement to the court or judge and the court or judge shall make such statement a part of the record at the hearing. For the purposes of this subsection, "victim" means the victim, the legal representative of the victim or a member of the deceased victim's immediate family.

      (1969, P.A. 828, S. 39; P.A. 82-428, S. 1, 4; P.A. 84-505, S. 3, 6; P.A. 85-354, S. 1, 3; P.A. 87-538, S. 1, 3, 5; P.A. 90-261, S. 7, 19; P.A. 94-119; P.A. 95-175, S. 3.)

      History: P.A. 82-428 specified applicability to definite sentences "of three years or less"; P.A. 84-505 authorized the sentencing court or judge to order certain defendants discharged on intensive probation, effective June 13, 1984, to July 1, 1987; P.A. 85-354 added provisions to require applications for the intensive probation program to be referred to the office of adult probation for assessment and recommendations, to specify that the period of intensive probation shall not exceed the unexpired portion of the sentence, to authorize the court or judge to place on regular probation a defendant who successfully completes intensive probation, to specify the period of such regular probation, and to require a defendant discharged on intensive probation to comply with the probation conditions ordered by the court or required by the office of adult probation; P.A. 87-538 prohibited the discharge on intensive probation of a defendant sentenced for a class A felony, authorized the placement in the intensive probation program of a defendant with a definite sentence which includes suspension of incarceration after a period of at least two years but not more than five years, followed by a period of probation, if he has served at least one-half of the unsuspended portion of his sentence prior to release, and reenacted and continued in effect on and after July 1, 1987, the provisions of this section previously effective from June 13, 1984, until July 1, 1987; P.A. 90-261 deleted all provisions re the discharge of a defendant on intensive probation; P.A. 94-119 designated existing provisions as Subsec. (a), added Subsec. (b) authorizing the sentencing court or judge at any time during the period of a definite sentence of more than three years to reduce the sentence or order the defendant discharged and added Subsec. (c) making the section inapplicable to any sentence imposed for an offense carrying a mandatory minimum sentence; P.A. 95-175 added Subsec. (d) re statement by victim re reduction of sentence or discharge of defendant.

      See Sec. 51-195 re sentence review by review division.

      Cited. 184 C. 366. Cited. 187 C. 109. Cited. 200 C. 664. Cited. 208 C. 420. Cited. 210 C. 519. Cited. 214 C. 717. Does not confer continuing jurisdiction on trial court to entertain a motion for judgment of acquittal. 230 C. 427. Cited. 240 C. 708.

      Cited. 3 CA 497. Cited. 9 CA 686. Cited. 12 CA 32. Term "sentence" refers to the aggregate or total effective sentence. 19 CA 631. Cited. 20 CA 467. Cited. 21 CA 557. Cited. 22 CA 601. Cited. 23 CA 201. Nothing in this section or any other statute confers on trial court jurisdiction to entertain a motion for acquittal after service of a sentence has commenced. 32 CA 1. Section does not violate separation of powers doctrine. 39 CA 632. A definite sentence includes both its executed and suspended portions. 54 CA 387.

      When the original sentence was defective, commitment for violation of probation is illegal. 31 CS 350. Cited. 40 CS 238. Cited. 41 CS 229.

      Subsec. (a):

      "Definite sentence" is intended to have same meaning in both this subsec. and Sec. 54-125e and does not include a period of special parole. 272 C. 72.

      Sec. 53a-39a. Alternate incarceration program. (a) In all cases where a defendant has been convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any other offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, after trial or by a plea of guilty without trial, and a term of imprisonment is part of a stated plea agreement or the statutory penalty provides for a term of imprisonment, the court may, in its discretion, order an assessment for placement in an alternate incarceration program under contract with the Judicial Department. If the Court Support Services Division recommends placement in an alternate incarceration program, it shall also submit to the court a proposed alternate incarceration plan. Upon completion of the assessment, the court shall determine whether such defendant shall be ordered to participate in such program as an alternative to incarceration. If the court determines that the defendant shall participate in such program, the court shall suspend any sentence of imprisonment and shall make participation in the alternate incarceration program a condition of probation as provided in section 53a-30.

      (b) An alternate incarceration program includes, but shall not be limited to, an intensive probation program, any community service program approved by the Chief Court Administrator and any residential or nonresidential program approved by the Chief Court Administrator which provides care, supervision and supportive services such as employment, psychiatric and psychological evaluation and counseling, and drug and alcohol dependency treatment. Any defendant placed in an alternate incarceration program shall comply with any other conditions of probation ordered by the court or required by the Court Support Services Division, as provided in subsections (a) and (b) of section 53a-30.

      (P.A. 89-383, S. 3, 16; P.A. 94-128, S. 1, 3; P.A. 02-132, S. 33.)

      History: P.A. 89-383, S. 3 effective July 5, 1989, to July 1, 1994; P.A. 94-128 negated effect of P.A. 89-383, reenacting and continuing existence of section, effective July 1, 1994; P.A. 02-132 amended Subsec. (a) by replacing "program to be conducted by the Office of Adult Probation" with "program under contract with the Judicial Department" and replacing "Office of Adult Probation" with "Court Support Services Division" and amended Subsec. (b) by replacing "Office of Adult Probation" with "Court Support Services Division".

      Sec. 53a-39b. Special alternative incarceration program for young male defendants. Section 53a-39b is repealed, effective October 1, 2003.

      (P.A. 89-390, S. 18, 37; P.A. 90-230, S. 75, 101; 90-261, S. 10, 19; June Sp. Sess. P.A. 91-9, S. 5, 10; P.A. 03-48, S. 2.)

      Sec. 53a-39c. Community service labor program. (a) There is established, within available appropriations, a community service labor program for persons charged with a violation of section 21a-267 or 21a-279 who have not previously been convicted of a violation of section 21a-267, 21a-277, 21a-278 or 21a-279. Upon application by any such person for participation in such program the court may grant such application and (1) if such person has not previously been placed in the community service labor program, the court may either suspend prosecution and place such person in such program or, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30; or (2) if such person has previously been placed in such program, the court may, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with said section 53a-30. No person may be placed in such program who has twice previously been placed in such program.

      (b) Any person who enters such program shall pay to the court a participation fee of two hundred five dollars, except that no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. All program fees collected shall be deposited into the alternative incarceration program account.

      (c) Any person for whom prosecution is suspended and who is placed in the community service labor program pursuant to subsection (a) of this section shall agree to the tolling of the statute of limitations with respect to such crime and to a waiver of such person's right to a speedy trial. A pretrial community service labor program established under this section for persons for whom prosecution is suspended shall include a drug education component. If such person satisfactorily completes the program of community service labor to which such person was assigned, such person may apply for dismissal of the charges against such person and the court, on reviewing the record of such person's participation in such program and on finding such satisfactory completion, shall dismiss the charges. If the program provider certifies to the court that such person did not successfully complete the program of community service labor to which such person was assigned or is no longer amenable to participation in such program, the court shall enter a plea of not guilty for such person and immediately place the case on the trial list.

      (d) The period of participation in a community service labor program shall be a minimum of fourteen days for a first violation and thirty days for a second violation involving a plea of guilty and conviction.

      (P.A. 90-213, S. 3, 56; P.A. 97-248, S. 11, 12; P.A. 99-148, S. 2, 4; P.A. 03-2, S. 50.)

      History: P.A. 97-248 amended Subsec. (a) to make ineligible for the program persons who have previously participated in the drug education program established under Sec. 54-56i, and amended Subsec. (b) to require a pretrial community service labor program established for persons for whom prosecution is suspended to include a drug education component, effective July 1, 1997; P.A. 99-148 amended Subsec. (a) to make eligible for the program persons charged with a violation of Sec. 21a-267, to make ineligible for the program persons who have previously been convicted of a violation of Sec. 21a-267 and to delete the provision that made persons who previously participated in the drug education program established under Sec. 54-56i ineligible for the program, amended Subsec. (c) to replace provisions that specified differing periods of participation in the program depending upon whether the violation was of subsection (a), (b) or (c) of Sec. 21a-279 with provisions requiring a period of participation consisting of a minimum of 14 days for a first violation and 30 days for a second violation involving a plea of guilty and conviction, and made technical changes for purposes of gender neutrality, effective July 1, 1999; P.A. 03-2 added new Subsec. (b) to establish a participation fee of $205, prohibit the exclusion of a person from the program for inability to pay such fee and require that all program fees collected be deposited into the alternative incarceration program account and redesignated existing Subsecs. (b) and (c) as new Subsecs. (c) and (d), respectively, effective February 28, 2003.

      Program intended to avoid unnecessary trials and expenditures of resources, so defendant's application for program when trial nearly complete is justification for denying application. 51 CA 126.

      Sec. 53a-39d. Pilot zero-tolerance drug supervision program. (a) Not later than October 1, 1998, the Chief Court Administrator shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to (1) individuals who are eligible to be sentenced by the court to a period of probation, pursuant to section 53a-29, and have been ordered by the court, as a condition of such probation, to participate in the program, (2) individuals who are eligible to be released on bail under section 54-63d or 54-64a and have been required by the bail commissioner or the court, as a condition of release, to participate in the program, (3) individuals who have been sentenced to a period of probation and, in the judgment of their probation officers, have violated the conditions of such probation and been referred to the program by their probation officers pursuant to subsection (a) of section 53a-32, and (4) individuals who have been ordered by the court, as a condition of probation, to participate in the program pursuant to subsection (d) of section 54-56e or subsection (b) of section 54-76j and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the Chief Court Administrator.

      (b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, (3) comply with all rules established by the halfway house if detained in such facility, and (4) waive the right to a hearing.

      (c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant shall be detained in a halfway house facility for a period of two days.

      (d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Judicial Department shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant shall be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released and the fee, if paid by the participant, shall be refunded to the participant.

      (e) A participant enrolled in the zero-tolerance drug supervision program as a condition of probation may be charged with a violation of probation, if the participant's probation officer determines that the participant has violated the conditions of probation or the conditions of the program. A participant enrolled in the zero-tolerance drug supervision program as a condition of release may be charged with a violation of the conditions of such person's release, if a bail commissioner determines that the participant has violated the conditions of such person's release or the conditions of the program.

      (P.A. 98-145, S. 3, 4; P.A. 99-187, S. 3; P.A. 02-89, S. 83.)

      History: P.A. 99-187 amended Subsec. (a) to expand eligibility for the program by adding Subdiv. (2) to include individuals eligible to be released on bail who have been required as a condition of release to participate in the program, adding Subdiv. (3) to include individuals sentenced to a period of probation who have violated the conditions of probation and been referred to the program by their probation officers, and adding Subdiv. (4) to include individuals ordered by the court to participate in the program as a condition of probation under the accelerated rehabilitation or youthful offender programs, and amended Subsec. (e) to make existing provisions applicable to a participant enrolled in the program "as a condition of probation" and add provision that a participant enrolled in the program as a condition of release may be charged with violation of the conditions of such person's release if a bail commissioner determines there has been a violation of the conditions of release or conditions of the program; P.A. 02-89 deleted as obsolete Subsec. (f) requiring the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator to submit a report on the program to the committee of the General Assembly having cognizance of matters relating to criminal justice not later than January 1, 2000.

      See Secs. 18-100e and 54-125f re pilot zero-tolerance drug supervision program established by Commissioner of Correction and chairman of Board of Pardons and Paroles, respectively.

      Sec. 53a-40. Persistent offenders: Definitions; defense; authorized sentences; procedure. (a) A persistent dangerous felony offender is a person who:

      (1) (A) Stands convicted of manslaughter, arson, kidnapping, robbery in the first or second degree, assault in the first degree, home invasion, burglary in the first degree or burglary in the second degree with a firearm, and (B) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year or of death, in this state or in any other state or in a federal correctional institution, for any of the following crimes: (i) The crimes enumerated in subparagraph (A) of this subdivision or an attempt to commit any of said crimes; or (ii) murder, sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, or an attempt to commit any of said crimes; or (iii) prior to October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the general statutes, revision of 1958, revised to 1975, or prior to October 1, 1971, in this state, assault with intent to kill under section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes; or (iv) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision or this subparagraph; or

      (2) (A) Stands convicted of sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, and (B) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year or of death, in this state or in any other state or in a federal correctional institution, for any of the following crimes: (i) Murder, manslaughter, arson, kidnapping, robbery in the first or second degree, assault in the first degree, home invasion, burglary in the first degree or burglary in the second degree with a firearm, or an attempt to commit any of said crimes; or (ii) prior to October 1, 1971, in this state, assault with intent to kill under section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes; or (iii) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision or this subparagraph.

      (b) A persistent dangerous sexual offender is a person who (1) stands convicted of sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, and (2) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year, in this state or in any other state or in a federal correctional institution, for (A) any of the crimes enumerated in subdivision (1) of this subsection, or (B) prior to October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the general statutes, revision of 1958, revised to 1975, or prior to October 1, 1971, in this state, any of the crimes enumerated in section 53-238 or 53-239 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes, or (C) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subdivision (1) of this subsection or this subdivision.

      (c) A persistent serious felony offender is a person who (1) stands convicted of a felony, and (2) has been, prior to the commission of the present felony, convicted of and imprisoned under an imposed term of more than one year or of death, in this state or in any other state or in a federal correctional institution, for a crime. This subsection shall not apply where the present conviction is for a crime enumerated in subdivision (1) of subsection (a) of this section and the prior conviction was for a crime other than those enumerated in subsection (a) of this section.

      (d) A persistent serious sexual offender is a person, other than a person who qualifies as a persistent dangerous sexual offender under subsection (b) of this section, who qualifies as a persistent serious felony offender under subsection (c) of this section and the felony of which such person presently stands convicted is a violation of subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of section 53-21 of the general statutes, revised to January 1, 1995, involving sexual contact, committed prior to October 1, 1995, a violation of subdivision (2) of section 53-21 of the general statutes, committed on or after October 1, 1995, and prior to October 1, 2000, a violation of subdivision (2) of subsection (a) of section 53-21 or a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.

      (e) A persistent larceny offender is a person who (1) stands convicted of larceny in the third degree in violation of the provisions of section 53a-124 in effect prior to October 1, 1982, or larceny in the fourth, fifth or sixth degree, and (2) has been, at separate times prior to the commission of the present larceny, twice convicted of the crime of larceny.

      (f) A persistent felony offender is a person who (1) stands convicted of a felony other than a class D felony, and (2) has been, at separate times prior to the commission of the present felony, twice convicted of a felony other than a class D felony.

      (g) It shall be an affirmative defense to the charge of being a persistent offender under this section that (1) as to any prior conviction on which the state is relying the defendant was pardoned on the ground of innocence, and (2) without such conviction, the defendant was not two or more times convicted and imprisoned as required by this section.

      (h) When any person has been found to be a persistent dangerous felony offender, the court, in lieu of imposing the sentence of imprisonment authorized by the general statutes for the crime of which such person presently stands convicted, shall (1) sentence such person to a term of imprisonment that is not (A) less than twice the minimum term of imprisonment authorized for such crime or (B) more than twice the maximum term of imprisonment authorized for such crime or forty years, whichever is greater, provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is twice such authorized mandatory minimum term of imprisonment, and (2) if such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section, sentence such person to a term of imprisonment that is not less than three times the minimum term of imprisonment authorized for such crime or more than life, provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is three times such authorized mandatory minimum term of imprisonment.

      (i) When any person has been found to be a persistent dangerous sexual offender, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35a for the crime of which such person presently stands convicted, shall sentence such person to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of imprisonment for life, as defined in section 53a-35b.

      (j) When any person has been found to be a persistent serious felony offender, the court in lieu of imposing the sentence of imprisonment authorized by section 53a-35 for the crime of which such person presently stands convicted, or authorized by section 53a-35a if the crime of which such person presently stands convicted was committed on or after July 1, 1981, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.

      (k) When any person has been found to be a persistent serious sexual offender, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose a sentence of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute the maximum sentence specified by section 53a-35a for the next more serious degree of felony.

      (l) When any person has been found to be a persistent larceny offender, the court, in lieu of imposing the sentence authorized by section 53a-36 for the crime of which such person presently stands convicted, may impose the sentence of imprisonment for a class D felony authorized by section 53a-35, if the crime of which such person presently stands convicted was committed prior to July 1, 1981, or authorized by section 53a-35a, if the crime of which such person presently stands convicted was committed on or after July 1, 1981.

      (m) When any person has been found to be a persistent felony offender, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony; provided the sentence imposed may not be less than three years, and provided further three years of the sentence so imposed may not be suspended or reduced by the court.

      (n) (1) Whenever a person is arrested for any of the crimes enumerated in subsection (a) of this section, the prosecuting authority shall investigate and ascertain whether such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in said subsection (a) and would be eligible to be sentenced under subsection (h) of this section if convicted of such crime.

      (2) If the prosecuting authority ascertains that such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section and such person has been presented to a geographical area courthouse, the prosecuting authority shall cause such person to be transferred to a judicial district courthouse.

      (3) No court shall accept a plea of guilty, not guilty or nolo contendere from a person arrested for any of the crimes enumerated in subsection (a) of this section unless it finds that the prosecuting authority has complied with the requirements of subdivision (1) of this subsection.

      (4) If the prosecuting authority ascertains that such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section but decides not to initiate proceedings to seek the sentence enhancement provided by subsection (h) of this section, the prosecuting authority shall state for the record the specific reason or reasons for not initiating such proceedings.

      (5) If the prosecuting authority ascertains that such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subsection (a) of this section and initiates proceedings to seek the sentence enhancement provided by subsection (h) of this section, but subsequently decides to terminate such proceedings, the prosecuting authority shall state for the record the specific reason or reasons for terminating such proceedings.

      (1969, P.A. 828, S. 40; 1971, P.A. 871, S. 15; P.A. 73-616, S. 40; P.A. 76-336, S. 20; P.A. 80-442, S. 12, 28; P.A. 83-4, S. 1, 2; P.A. 85-603; P.A. 92-260, S. 18; P.A. 94-37, S. 1; June Sp. Sess. P.A. 99-2, S. 48; P.A. 01-84, S. 18, 26; Jan. Sp. Sess. P.A. 08-1, S. 6, 7; P.A. 08-51, S. 1, 2.)

      History: 1971 act removed requirements that offenders under Subsecs. (a) and (b) have been previously convicted and imprisoned "two or more times" and "at separate times" and redefined persistent larceny offender as one who stands convicted of larceny in "the third or fourth degree" rather than in "the second or a lesser degree" in Subsec. (c); P.A. 73-616 corrected section reference re assault with intent to kill, substituting Sec. 54-117 for Sec. 53-117 in Subsec. (a); P.A. 76-336 substituted sexual assault in first or third degree or sexual assault in first or third degree with a firearm for "rape" in Subsec. (a) and specified applicability of conviction for crimes enumerated in Secs. 53a-72, 53a-75 or 53a-78 prior to October 1, 1975; P.A. 80-442 specified applicability of Subsec. (b) to persistent "serious" felony offenders, inserted new Subsec. (d) re persistent felony offenders, relettering as necessary, amended Subsecs. (f) to (h), formerly (e) to (g), re crimes committed on or after July 1, 1981, and added Subsec. (i) re extended incarceration effective July 1, 1981; P.A. 83-4 amended Subsec. (c) to reflect the establishment of six degrees of larceny pursuant to P.A. 82-271 by including persons convicted of larceny in the third degree "in violation of the provisions of section 53a-124 in effect prior to October 1, 1982" and larceny in the "fifth or sixth" degree; P.A. 85-603 made a technical change to Subsec. (h) and rewrote some of the language of said Subsec. to reflect said change; P.A. 92-260 amended Subsec. (a) to replace an obsolete reference to the offense of "sexual assault in the first degree with a firearm" with its revised name of "aggravated sexual assault in the first degree", and made other minor technical changes in Subsecs. (a), (b) and (d); P.A. 94-37 amended Subsec. (f) to revise the penalty for a person found to be a persistent dangerous felony offender by replacing the provision that permitted the court to impose the sentence of imprisonment authorized for a class A felony with the provision requiring the court to sentence such person to a term of imprisonment of not more than 40 years and by adding the provision requiring the court to sentence such person to a term of imprisonment of not more than life if such person has been twice convicted and imprisoned for any of the crimes enumerated in Subsec. (a)(2); June Sp. Sess. P.A. 99-2 amended Subsec. (a) to delete from category of a persistent dangerous felony offender a person who stands convicted of sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm and has been previously convicted and imprisoned for more than one year for any of said crimes or any predecessor statutes, or an attempt to commit any of said crimes, to revise and restructure Subsec. to reflect such deletion and to revise Subdiv. and Subpara. indicators accordingly, added new Subsec. (b) re persistent dangerous sexual offender, new Subsec. (d) re persistent serious sexual offender, new Subsec. (i) re penalty for persistent dangerous sexual offender and new Subsec. (k) re penalty for persistent serious sexual offender, relettering intervening and remaining Subsecs. accordingly, and made provisions of section gender neutral; P.A. 01-84 amended Subsec. (d) to replace in provision re the offense for which the person presently stands convicted the reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivision (2) of subsection (a) of section 53-21", to replace in provision re offenses for which the person was previously convicted the reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivision (2) of section 53-21 of the general statutes, committed on or after October 1, 1995, and prior to October 1, 2000," and to add reference to a prior conviction for "a violation of subdivision (2) of subsection (a) of section 53-21", effective July 1, 2001; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (h) to replace reference to "subdivision (2) of subsection (a) of this section" with "subparagraph (B) of subdivision (1) of subsection (a) of this section", amended Subsecs. (h) and (i) to delete requirement for imposition of enhanced sentence that "the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that extended incarceration and lifetime supervision will best serve the public interest" and amended Subsecs. (j) to (m) to delete requirement for imposition of enhanced sentence that "the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that extended incarceration will best serve the public interest", effective January 25, 2008, and amended Subsec. (a) to include the crimes of home invasion, burglary in the first degree and burglary in the second degree with a firearm in Subdivs. (1)(A) and (2)(B)(i), effective March 1, 2008; P.A. 08-51 amended Subsec. (h) to replace "the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35 for the crime of which such person presently stands convicted, or authorized by section 53a-35a if the crime of which such person presently stands convicted was committed on or after July 1, 1981," with "the court, in lieu of imposing the sentence of imprisonment authorized by the general statutes for the crime of which such person presently stands convicted", insert Subdiv. designators (1) and (2) and in Subdiv. (1) replace a term of imprisonment of "not more than forty years" with a term of imprisonment "that is not (A) less than twice the minimum term of imprisonment authorized for such crime or (B) more than twice the maximum term of imprisonment authorized for such crime or forty years, whichever is greater, provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is twice such authorized mandatory minimum term of imprisonment", and in Subdiv. (2) replace reference to "subparagraph (B) of subdivision (1) of subsection (a) of this section" with "subsection (a) of this section" and replace a term of imprisonment "of not more than life" with a term of imprisonment "that is not less than three times the minimum term of imprisonment authorized for such crime or more than life, provided, if a mandatory minimum term of imprisonment is authorized for such crime, such sentence shall include a mandatory minimum term of imprisonment that is three times such authorized mandatory minimum term of imprisonment", and added Subsec. (n) re obligations of the prosecuting authority and the court whenever a person is arrested for any of the crimes enumerated in Subsec. (a), effective May 8, 2008.

      Annotations to former section 53-67:

      Cited. 157 C. 466. Cited. 168 C. 395.

      Annotations to present section:

      Cited. 176 C. 270. Cited. 180 C. 660. Cited. 184 C. 215. Cited. 188 C. 27. Cited. 191 C. 180. Cited. 192 C. 471. Cited. 194 C. 573; Id., 692. Cited. 195 C. 326. Cited. 197 C. 280. Cited. 198 C. 158; Id., 273. Cited. 203 C. 506. Cited. 207 C. 619. Cited. 218 C. 273. Cited. 226 C. 601. Cited. 234 C. 324. Cited. 240 C. 317. Cited. 242 C. 143. Finding by trial court, rather than jury, that imposing extended incarceration would best serve the public interest clearly violated defendant's constitutional rights under the 6th Amendment to U. S. Constitution. Section is unconstitutional to the extent it does not provide that defendant is entitled to have jury make a required finding that exposes defendant to a greater punishment than that authorized by jury's guilty verdict. 283 C. 748.

      Cited. 9 CA 686. Cited. 12 CA 1. Cited. 31 CA 140. Cited. 36 CA 401. Cited. 45 CA 390. Admission of certified copy of judgment sufficient to prove persistent dangerous felony offender. 50 CA 521.

      Subsec. (a):

      Constitutionality of dangerous felony offender statutes has long been upheld. 173 C. 545. Nothing in statute precludes state from offering probative evidence to clarify an official judgment of conviction in order to prove defendant a second offender. 194 C. 573. No viable basis for challenge to statute on the grounds of vagueness. 195 C. 326. Cited. Id., 475. Cited. 193 C. 273. Cited. 200 C. 350. Subdiv. (1) cited. Id., 453. Subdiv. (2) cited. Id. Subdivs. (1) and (2)(B) cited. 202 C. 509. Cited. 203 C. 81. Cited. 206 C. 621. Cited. 207 C. 276. Cited. 210 C. 573. Cited. 213 C. 97. Cited. 216 C. 220. Cited. 224 C. 445. Cited. 232 C. 455.

      Cited. 17 CA 490. Cited. 19 CA 571. Cited. 29 CA 274. Cited. 37 CA 672; Id., 733. Cited. 39 CA 82. Subdiv. (1) cited. 46 CA 131. Jury improperly found defendant to be a persistent dangerous felony offender because his conviction of attempted assault in the first degree is not one of the qualifying felonies enumerated in subsection. 51 CA 171.

      Cited. 43 CS 77.

      Subsec. (b):

      Presentence report used to prove that defendant was not persistent felony offender under this subsection. 169 C. 263. Cited. 182 C. 176. Failure to allege imprisonment under provisions of the statute not considered reversible error where proof of imprisonment was established during trial and defendant failed to request complete statement of facts. 184 C. 215. Cited. Id., 369. Cited. 187 C. 264. Cited. 224 C. 397. Cited. 227 C. 711; Id., 751. Cited. 232 C. 455.

      Cited. 9 CA 133. Cited. 10 CA 279. Cited. 12 CA 375. Cited. 13 CA 438. Cited. 20 CA 586. Cited. 31 CA 178. Cited. 34 CA 1. Cited. 35 CA 405. Cited. 37 CA 733. Cited. 39 CA 82; Id., 789. Cited. 45 CA 369.

      Subsec. (c):

      Cited. 202 C. 369.

      "By pleading nolo contendere to the charge of being a persistent larceny offender, defendant waived her right to appeal this issue." 4 CA 676. Cited. 14 CA 88. Cited. 21 CA 331. Cited. 37 CA 228.

      Subsec. (d):

      Language of section and its legislative purpose require sequence of offense, conviction and punishment for each prior felony before enhanced penalty as a persistent offender attaches. 240 C. 317.

      Cited. 41 CA 391.

      Subsec. (e):

      Cited. 194 C. 573.

      Subsec. (f):

      Cited. 169 C. 263. Cited. 187 C. 264. Cited. 200 C. 453. Cited. 207 C. 276. Purpose is to allow sentencing court to impose a more severe sentence than would be allowed for the substantive offense. Subsection requires sentencing court to consider defendant's history and character and the nature and circumstances of his criminal conduct and whether extended incarceration and lifetime supervision will best serve the public interest. There is no requirement that sentences imposed be strictly proportional to the nature of substantive offense or offenses of which defendant was convicted. Nature of substantive offense is only one factor to be considered by sentencing court. 254 C. 613.

      Cited. 19 CA 571.

      Subsec. (g):

      Cited. 224 C. 397. Cited. 227 C. 751.

      Cited. 37 CA 733. Cited. 45 CA 369.

      Subsec. (h):

      Cited. 21 CA 331. Cited. 37 CA 228. Court followed State v. Bell in holding that jury and not the court must make finding of whether defendant's extended incarceration will best serve the public interest. 105 CA 278.

      Sec. 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences. (a) A persistent offender of crimes involving bigotry or bias is a person who (1) stands convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, and (2) has been, prior to the commission of the present crime, convicted of a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l or section 53a-181b in effect prior to October 1, 2000.

      (b) When any person has been found to be a persistent offender of crimes involving bigotry or bias, the court shall: (1) In lieu of imposing the sentence authorized for the crime under section 53a-35a if the crime is a felony, impose the sentence of imprisonment authorized by said section for the next more serious degree of felony, or (2) in lieu of imposing the sentence authorized for the crime under section 53a-36 if the crime is a misdemeanor, impose the sentence of imprisonment authorized by said section for the next more serious degree of misdemeanor, except that if the crime is a class A misdemeanor the court shall impose the sentence of imprisonment for a class D felony as authorized by section 53a-35a.

      (P.A. 90-137, S. 2; P.A. 00-72, S. 10; Jan. Sp. Sess. P.A. 08-1, S. 8.)

      History: P.A. 00-72 amended Subsec. (a) to replace reference in Subdiv. (1) to "subsection (a) or (c) of section 53a-181b" with reference to Sec. "53a-181j, 53a-181k or 53a-181l" and to replace reference in Subdiv. (2) to "subsection (a) or (c) of section 53a-181b" with reference to "section 53a-181j, 53a-181k or 53a-181l or section 53a-181b in effect prior to October 1, 2000" and amended Subsec. (b) to make technical changes for purposes of gender neutrality; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to delete requirement for imposition of enhanced sentence that "the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that an increased penalty will best serve the public interest", effective January 25, 2008.

      Sec. 53a-40b. Additional term of imprisonment authorized for offense committed while on release. A person convicted of an offense committed while released pursuant to sections 54-63a to 54-63g, inclusive, or sections 54-64a to 54-64c, inclusive, other than a violation of section 53a-222, may be sentenced, in addition to the sentence prescribed for the offense to (1) a term of imprisonment of not more than ten years if the offense is a felony, or (2) a term of imprisonment of not more than one year if the offense is a misdemeanor.

      (P.A. 90-213, S. 54; P.A. 98-90, S. 2.)

      History: P.A. 98-90 excepted convictions under Sec. 53a-222 from provisions of section.

      Question of whether defendant was on release at time of the offense for which he was convicted and therefore subject to enhanced penalty was not reasonably in dispute, was conceded as fact by defendant, and did not require a jury determination. 280 C. 69.

      Jury hearing not constitutionally required for enhanced sentence based on prior conviction; enhanced penalty provisions do apply to defendant who committed second crime while released on written promise to appear. 62 CA 34. Trial court lacked jurisdiction to consider defendant's claim that sentencing court failed to articulate any reason for enhancing his sentence. 93 CA 61.

      Sec. 53a-40c. Psychological counseling required for person convicted of sexual assault of a minor. Any person convicted of a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a where the victim of the sexual assault was a person ten years of age or under shall, in addition to any fine or term of imprisonment imposed, be sentenced to undergo psychological counseling.

      (P.A. 93-340, S. 15.)

      Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order. Authorized sentences. (a) A persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order is a person who (1) stands convicted of assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b or criminal trespass under section 53a-107 or 53a-108, and (2) has, within the five years preceding the commission of the present crime, been convicted of a capital felony, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b, or criminal trespass under section 53a-107 or 53a-108 or has been released from incarceration with respect to such conviction, whichever is later.

      (b) When any person has been found to be a persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order, the court shall, in lieu of imposing the sentence authorized for the crime under section 53a-36 or section 53a-35a, as applicable, impose the sentence of imprisonment authorized by said section 53a-36 or section 53a-35a for the next more serious degree of misdemeanor or felony, except that if the crime is a class A misdemeanor the court shall impose the sentence of imprisonment for a class D felony, as authorized by section 53a-35a.

      (P.A. 95-193, S. 2; P.A. 02-127, S. 4; Jan. Sp. Sess. P.A. 08-1, S. 9.)

      History: P.A. 02-127 applied the provisions to criminal violation of a restraining order under Sec. 53a-223b and in Subsec. (b) added references to Sec. 53a-35a, specified "felony" in the provision concerning the imposition of the sentence of imprisonment authorized for the next more serious crime and made technical changes for the purpose of gender neutrality; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to delete requirement for imposition of enhanced sentence that "the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that an increased penalty will best serve the public interest", effective January 25, 2008.

      Sec. 53a-40e. Standing criminal restraining order. (a) If any person is convicted of (1) a violation of section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-181c, 53a-181d, 53a-181e, 53a-182b, 53a-183, 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to violate any of said sections or section 53a-54a, against a family or household member, as defined in section 46b-38a, or (2) any crime that the court determines constitutes a family violence crime, as defined in section 46b-38a, or attempt or conspiracy to commit any such crime, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a or 53a-36, if the court is of the opinion that the history and character and the nature and circumstances of the criminal conduct of such offender indicate that a standing criminal restraining order will best serve the interest of the victim and the public, issue a standing criminal restraining order which shall remain in effect until modified or revoked by the court for good cause shown. If any person is convicted of any crime against a family or household member, as defined in section 46b-38a, other than a crime specified in subdivision (1) or (2) of this subsection, the court may, for good cause shown, issue a standing criminal restraining order pursuant to this subsection.

      (b) Such standing criminal restraining order may include but is not limited to enjoining the offender from (1) imposing any restraint upon the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the victim; or (3) entering the family dwelling or the dwelling of the victim.

      (c) Every standing criminal restraining order of the court made in accordance with this section shall contain the following language: "This order shall remain in effect until modified or revoked by the court for good cause shown. In accordance with section 53a-223a, violation of a standing criminal restraining order issued by the court pursuant to subsection (a) of this section shall be punishable by a term of imprisonment of not less than one year nor more than five years, a fine of not more than five thousand dollars or both."

      (P.A. 96-228, S. 1; P.A. 98-15; June Sp. Sess. P.A. 98-1, S. 41, 121; P.A. 99-186, S. 13; P.A. 05-147, S. 2; P.A. 07-123, S. 5.)

      History: (Revisor's note: In Subsec. (c) the reference in public act 96-228 to "section 1 of this act" was deemed by the Revisors to be a reference to section 2 of that act and therefore codified as "section 53a-110c"); P.A. 98-15 amended Subsec. (a) to add references to Secs. 53a-181c, 53a-181d and 53a-181e; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (c), effective June 24, 1998; P.A. 99-186 amended Subsec.(a) to make provisions applicable to any person convicted "of attempt or conspiracy to violate any of said sections or section 53a-54a"; P.A. 05-147 amended Subsec. (a) to include a violation of Sec. 53a-223 and make a technical change; P.A. 07-123 amended Subsec. (a) to designate list of qualifying offenses as Subdiv. (1) and amended same by including a violation of Sec. 53a-182b, 53a-183, 53a-223a or 53a-223b and making technical changes, to add Subdiv. (2) re any crime that the court determines constitutes a family violence crime, as defined in Sec. 46b-38a, or attempt or conspiracy to commit any such crime, include sentence authorized under Sec. 53a-36 and to add provision authorizing a court for good cause shown to issue standing criminal restraining order if person is convicted of a crime against a family or household member other than a crime specified in Subdiv. (1) or (2).

      See Sec. 51-5c re automated registry of protective orders.

      Imposition of a standing criminal restraining order after defendant began serving his sentence did not constitute punishment or affect defendant's sentence and therefore, trial court had jurisdiction to impose it. 269 C. 107.

      Order precluding defendant from having contact with his minor children is within scope of the statute. 81 CA 84.

      Sec. 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences. (a) A persistent operating while under the influence felony offender is a person who (1) stands convicted of a violation of section 53a-56b or 53a-60d and (2) has, prior to the commission of the present crime and within the preceding ten years, been convicted of a violation of section 53a-56b or 53a-60d or subsection (a) of section 14-227a or been convicted in any other state of an offense the essential elements of which are substantially the same as section 53a-56b or 53a-60d or subsection (a) of section 14-227a.

      (b) When any person has been found to be a persistent operating while under the influence felony offender, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.

      (P.A. 97-291, S. 1; Jan. Sp. Sess. P.A. 08-1, S. 10.)

      History: Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to delete requirement for imposition of enhanced sentence that "the court is of the opinion that his history and character and the nature and circumstances of his criminal conduct indicate that extended incarceration will best serve the public interest", effective January 25, 2008.

      Sec. 53a-41. Fines for felonies. A fine for the conviction of a felony shall be fixed by the court as follows: (1) For a class A felony, an amount not to exceed twenty thousand dollars; (2) for a class B felony, an amount not to exceed fifteen thousand dollars; (3) for a class C felony, an amount not to exceed ten thousand dollars; (4) for a class D felony, an amount not to exceed five thousand dollars; (5) for an unclassified felony, an amount in accordance with the fine specified in the section of the general statutes that defines the crime.

      (1969, P.A. 828, S. 41; P.A. 92-256, S. 1; 92-260, S. 19; May Sp. Sess. P.A. 92-11, S. 50, 70.)

      History: P.A. 92-256 increased the maximum fine for a class A felony from $10,000 to 20,000, for a class B felony from $10,000 to $15,000, and for a class C felony from $5,000 to $10,000; P.A. 92-260 amended Subdiv. (3) to replace "law" with "section of the general statutes"; May Sp. Sess. P.A. 92-11 changed effective date of P.A. 92-256 but did not affect the date applicable to this section.

      See Sec. 53a-35a re terms of imprisonment for felonies.

      See Sec. 54-74 re remission of fine.

      Cited. 231 C. 514.

      Cited. 9 CA 686. Failure of trial court to inform defendant of amount of fine not plain error. 65 CA 234.

      Sec. 53a-42. Fines for misdemeanors. A fine for the conviction of a misdemeanor shall be fixed by the court as follows: (1) For a class A misdemeanor, an amount not to exceed two thousand dollars; (2) for a class B misdemeanor, an amount not to exceed one thousand dollars; (3) for a class C misdemeanor, an amount not to exceed five hundred dollars; (4) for an unclassified misdemeanor, an amount in accordance with the fine specified in the section of the general statutes that defines the crime.

      (1969, P.A. 828, S. 42; P.A. 92-256, S. 2; 92-260, S. 20; May Sp. Sess. P.A. 92-11, S. 50, 70.)

      History: P.A. 92-256 increased the maximum fine for a class A misdemeanor from $1,000 to $2,000; P.A. 92-260 replaced "law" with "section of the general statutes"; May Sp. Sess. P.A. 92-11 changed effective date of P.A. 92-256 but did not affect the date applicable to this section.

      See Sec. 53a-36 re terms of imprisonment for misdemeanors.

      See Sec. 54-74 re remission of fine.

      Cited. 178 C. 145. Cited. 180 C. 557. Cited. 217 C. 73.

      Cited. 8 CA 607. Cited. 9 CA 686. Cited. 32 CA 656; judgment reversed in part, see 232 C. 345.

      Sec. 53a-43. Fines for violations. A fine for a violation shall be fixed by the court in an amount not to exceed five hundred dollars. In the case of a violation defined in any other section of the general statutes, if the amount of the fine is expressly specified in the section that defines the offense, the amount of the fine shall be fixed in accordance with such section.

      (1969, P.A. 828, S. 43.)

      Cited. 9 CA 686.

      Sec. 53a-44. Alternative fine based on defendant's gain. If a person has gained money or property through the commission of any felony, misdemeanor or violation, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under section 53a-41, 53a-42 or 53a-43, may sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of the offense. In such case the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For purposes of this section, the term "gain" means the amount of money or the value of property derived.

      (1969, P.A. 828, S. 44; P.A. 92-260, S. 21.)

      History: P.A. 92-260 made technical changes in punctuation.

      Cited. 231 C. 514.

      Cited. 9 CA 686.

      Sec. 53a-44a. Surcharge on fine for criminal trespass or criminal mischief on public land. Whenever any person is convicted of a violation of subdivision (4) of subsection (a) of section 53a-107, subdivision (2) of subsection (a) of section 53a-108, subdivision (3) of subsection (a) of section 53a-109, subdivision (5) of subsection (a) of section 53a-115, subdivision (3) of subsection (a) of section 53a-116, subdivision (3) or (4) of subsection (a) of section 53a-117 or subdivision (3) or (4) of subsection (a) of section 53a-117a, the court, in addition to imposing any fine authorized by section 53a-41 or 53a-42 for such violation, shall impose a surcharge in an amount equal to fifty per cent of such fine. Any such surcharge collected shall be payable to the municipality in which the arrest was made unless the arresting law enforcement authority was a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Environmental Protection under authority of section 26-5, in which case such surcharge shall be payable to the Department of Environmental Protection.

      (P.A. 05-234, S. 9.)

      History: P.A. 05-234 effective January 1, 2006.

      Sec. 53a-45. Murder: Penalty; waiver of jury trial; finding of lesser degree. (a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony or murder under section 53a-54d.

      (b) If a person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a waives his right to a jury trial and elects to be tried by a court, the court shall be composed of three judges designated by the Chief Court Administrator or his designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.

      (c) The court or jury before which any person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a is tried may find such person guilty of homicide in a lesser degree than that charged.

      (1969, P.A. 828, S. 45; P.A. 73-137, S. 1; P.A. 80-442, S. 13, 28; P.A. 82-298, S. 4; P.A. 83-210, S. 2, 5; P.A. 92-260, S. 22.)

      History: P.A. 73-137 added reference to capital felonies in Subsec. (a) and substituted reference to Sec. 53a-46a for reference to Sec. 53a-46, deleted former Subsec. (b) which had allowed person indicted for murder to plead guilty with consent of court and state's attorney in which case court would sentence him as for a Class A felony, relettering former Subsecs. (c) and (d) accordingly; P.A. 80-442 specified punishment in accordance with Sec. 53a-35a and deleted reference to death sentenced under Sec. 53a-46a in Subsec. (a), effective July 1, 1981; P.A. 82-298 amended Subsec. (b) to provide that court shall be composed of three judges designated by chief court administrator, who shall also name one such judge to preside, where previously one judge was the judge presiding at the session and the other two were designated by the chief justice of the supreme court; P.A. 83-210 amended Subsecs. (b) and (c) by inserting "or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a"; P.A. 92-260 amended Subsec. (a) to add exception for "murder under section 53a-54d", amended Subsec. (b) to replace provision that such judges or a majority of them "shall determine the question of guilt or innocence and shall, as provided in said section 53a-46a, render judgment and impose sentence" with "shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly", and amended Subsec. (c) to replace "him" with "such person".

      See annotations to part IV.

      Cited. 187 C. 6.

      Cited. 9 CA 686.

      Subsec. (a):

      Cited. 201 C. 435.

      Subsec. (b):

      Cited. 180 C. 382. Cited. 190 C. 639. Cited. 198 C. 77. Cited. 199 C. 163. Cited. 207 C. 374.

      Subsec. (c):

      Constitutionally permissible for a jury to find a defendant indicted for murder guilty of homicide in a lesser degree where the evidence supports such a finding although the state of mind required is different. 180 C. 382. Cited. 181 C. 187; Id., 406. Cited. 182 C. 66. Cited. 188 C. 542. Cited. 190 C. 639. Cited. 193 C. 695. Cited. 195 C. 232. Manslaughter is not lesser included offense of felony murder. 196 C. 421. Cited. 201 C. 174; Id., 368. Cited. 206 C. 346. Cited. 210 C. 78. Cited. 212 C. 593. Cited. 214 C. 57. Cited. 225 C. 55. Cited. 226 C. 237. Cited. 231 C. 115. Cited. 240 C. 727.

      Cited. 7 CA 180. Cited. 17 CA 502; judgment reversed, see 213 C. 579. Cited. 40 CA 151.

      Cited. 42 CS 426.

      Subsec. (d):

      Cited. 206 C. 346.

      Sec. 53a-46. Sentencing proceedings; appeal. Section 53a-46 is repealed.

      (1969, P.A. 828, S. 46; 1972, P.A. 56, S. 1; P.A. 73-137, S. 15.)

      Sec. 53a-46a. Imposition of sentence for capital felony. Hearing. Special verdict. Mitigating and aggravating factors. Factors barring death sentence. (a) A person shall be subjected to the penalty of death for a capital felony only if a hearing is held in accordance with the provisions of this section.

      (b) For the purpose of determining the sentence to be imposed when a defendant is convicted of or pleads guilty to a capital felony, the judge or judges who presided at the trial or before whom the guilty plea was entered shall conduct a separate hearing to determine the existence of any mitigating factor concerning the defendant's character, background and history, or the nature and circumstances of the crime, and any aggravating factor set forth in subsection (i). Such hearing shall not be held if the state stipulates that none of the aggravating factors set forth in subsection (i) of this section exists or that any factor set forth in subsection (h) exists. Such hearing shall be conducted (1) before the jury which determined the defendant's guilt, or (2) before a jury impaneled for the purpose of such hearing if (A) the defendant was convicted upon a plea of guilty; (B) the defendant was convicted after a trial before three judges as provided in subsection (b) of section 53a-45; or (C) if the jury which determined the defendant's guilt has been discharged by the court for good cause, or (3) before the court, on motion of the defendant and with the approval of the court and the consent of the state.

      (c) In such hearing the court shall disclose to the defendant or his counsel all material contained in any presentence report which may have been prepared. No presentence information withheld from the defendant shall be considered in determining the existence of any mitigating or aggravating factor. Any information relevant to any mitigating factor may be presented by either the state or the defendant, regardless of its admissibility under the rules governing admission of evidence in trials of criminal matters, but the admissibility of information relevant to any of the aggravating factors set forth in subsection (i) shall be governed by the rules governing the admission of evidence in such trials. The state and the defendant shall be permitted to rebut any information received at the hearing and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any mitigating or aggravating factor. The burden of establishing any of the aggravating factors set forth in subsection (i) shall be on the state. The burden of establishing any mitigating factor shall be on the defendant.

      (d) In determining whether a mitigating factor exists concerning the defendant's character, background or history, or the nature and circumstances of the crime, pursuant to subsection (b) of this section, the jury or, if there is no jury, the court shall first determine whether a particular factor concerning the defendant's character, background or history, or the nature and circumstances of the crime, has been established by the evidence, and shall determine further whether that factor is mitigating in nature, considering all the facts and circumstances of the case. Mitigating factors are such as do not constitute a defense or excuse for the capital felony of which the defendant has been convicted, but which, in fairness and mercy, may be considered as tending either to extenuate or reduce the degree of his culpability or blame for the offense or to otherwise constitute a basis for a sentence less than death.

      (e) The jury or, if there is no jury, the court shall return a special verdict setting forth its findings as to the existence of any factor set forth in subsection (h), the existence of any aggravating factor or factors set forth in subsection (i) and whether any aggravating factor or factors outweigh any mitigating factor or factors found to exist pursuant to subsection (d).

      (f) If the jury or, if there is no jury, the court finds that (1) none of the factors set forth in subsection (h) exist, (2) one or more of the aggravating factors set forth in subsection (i) exist and (3) (A) no mitigating factor exists or (B) one or more mitigating factors exist but are outweighed by one or more aggravating factors set forth in subsection (i), the court shall sentence the defendant to death.

      (g) If the jury or, if there is no jury, the court finds that (1) any of the factors set forth in subsection (h) exist, or (2) none of the aggravating factors set forth in subsection (i) exists, or (3) one or more of the aggravating factors set forth in subsection (i) exist and one or more mitigating factors exist, but the one or more aggravating factors set forth in subsection (i) do not outweigh the one or more mitigating factors, the court shall impose a sentence of life imprisonment without the possibility of release.

      (h) The court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict, as provided in subsection (e), that at the time of the offense (1) the defendant was under the age of eighteen years, or (2) the defendant was a person with mental retardation, as defined in section 1-1g, or (3) the defendant's mental capacity was significantly impaired or the defendant's ability to conform the defendant's conduct to the requirements of law was significantly impaired but not so impaired in either case as to constitute a defense to prosecution, or (4) the defendant was criminally liable under sections 53a-8, 53a-9 and 53a-10 for the offense, which was committed by another, but the defendant's participation in such offense was relatively minor, although not so minor as to constitute a defense to prosecution, or (5) the defendant could not reasonably have foreseen that the defendant's conduct in the course of commission of the offense of which the defendant was convicted would cause, or would create a grave risk of causing, death to another person.

      (i) The aggravating factors to be considered shall be limited to the following: (1) The defendant committed the offense during the commission or attempted commission of, or during the immediate flight from the commission or attempted commission of, a felony and the defendant had previously been convicted of the same felony; or (2) the defendant committed the offense after having been convicted of two or more state offenses or two or more federal offenses or of one or more state offenses and one or more federal offenses for each of which a penalty of more than one year imprisonment may be imposed, which offenses were committed on different occasions and which involved the infliction of serious bodily injury upon another person; or (3) the defendant committed the offense and in such commission knowingly created a grave risk of death to another person in addition to the victim of the offense; or (4) the defendant committed the offense in an especially heinous, cruel or depraved manner; or (5) the defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value; or (6) the defendant committed the offense as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value; or (7) the defendant committed the offense with an assault weapon, as defined in section 53-202a; or (8) the defendant committed the offense set forth in subdivision (1) of section 53a-54b to avoid arrest for a criminal act or prevent detection of a criminal act or to hamper or prevent the victim from carrying out any act within the scope of the victim's official duties or to retaliate against the victim for the performance of the victim's official duties.

      (P.A. 73-137, S. 4; P.A. 80-332, S. 1; 80-442, S. 14, 28; P.A. 85-366, S. 1; P.A. 93-306, S. 12; P.A. 95-19, S. 1; P.A. 01-151, S. 1, 2, 5.)

      History: P.A. 80-332 restated provisions and referred to mitigating or aggravating factors throughout, replacing references to factors set forth in Subsecs. (f) and (g); P.A. 80-442 referred to imposition of sentence in accordance with Sec. 53a-35a(1) rather than to sentence for a Class A felony in Subsec. (e), effective July 1, 1981; P.A. 85-366 added a new Subsec. (d) to specify the procedure for the determination by a jury or court of the existence of a mitigating factor and to add a definition of mitigating factors, relettered the remaining Subsecs. and amended Subsec. (f) to replace "a sentence in accordance with Sec. 53a-35a(1)" with "a sentence of life imprisonment without the possibility of release"; P.A. 93-306 amended Subsec. (h) to add as an aggravating factor that the defendant committed the offense with an assault weapon; P.A. 95-19 revised section to permit the jury or court to make findings as to whether any aggravating factor or factors outweigh any mitigating factor or factors and require the court to sentence the defendant accordingly, while retaining provision that the existence of certain factors concerning the defendant will operate to automatically bar the imposition of the death sentence, and, more specifically, amended Subsec. (b) to provide that the separate hearing shall not be held if the state stipulates "that any factor set forth in subsection (h) exists" rather than "that one or more mitigating factors exist" and make technical changes, amended Subsec. (c) to make technical changes, amended Subsec. (e) to require the jury or court to return a special verdict setting forth its findings as to "the existence of any factor set forth in subsection (h), the existence of any aggravating factor or factors set forth in subsection (i) and whether any aggravating factor or factors outweigh any mitigating factor or factors found to exist pursuant to subsection (d)" rather than "the existence of any aggravating or mitigating factor", amended Subsec. (f) to revise the circumstances that must be found for the court to impose the death sentence by requiring the court to sentence the defendant to death if the jury or court finds "that (1) none of the factors set forth in subsection (h) exist, (2) one or more of the aggravating factors set forth in subsection (i) exist and (3)(A) no mitigating factor exists or (B) one or more mitigating factors exist but are outweighed by one or more aggravating factors set forth in subsection (i)" rather than "that one or more of the factors set forth in subsection (h) exist and that no mitigating factor exists", designated provisions of Subsec. (f) re the circumstances that must be found for the court to impose a sentence of life imprisonment without the possibility of release as new Subsec. (g) and amended said Subsec. to require the court to impose said sentence if the jury or court finds "that (1) any of the factors set forth in subsection (h) exist, or (2) none of the aggravating factors set forth in subsection (i) exists or (3) one or more of the aggravating factors set forth in subsection (i) exist and one or more mitigating factors exist, but the one or more aggravating factors set forth in subsection (i) do not outweigh the one or more mitigating factors" rather than "that none of the factors set forth in subsection (h) exists or that one or more mitigating factors exist", redesignated former Subsec. (g) as new Subsec. (h) and amended said Subsec. to replace the provision that the court shall not impose the death sentence if the jury or court finds that "any mitigating factor exists" and that "the mitigating factors to be considered concerning the defendant shall include, but are not limited to" the five enumerated factors with the provision that the court shall not impose the death sentence if the jury or court finds any of the enumerated factors and deleted former Subdiv. (3) as a factor that would in and of itself bar the imposition of the death sentence the circumstance that at the time of the offense the defendant "was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution", renumbering Subdivs. (4) and (5) as Subdivs. (3) and (4), respectively, redesignated former Subsec. (h) re aggravating factors as new Subsec. (i) and amended said Subsec. to replace the provision requiring the court to impose the death sentence if no mitigating factor is present and the jury or court finds one of the enumerated factors with "The aggravating factors to be considered shall be limited to the following:"; P.A. 01-151 amended Subsec. (h) to add new Subdiv. (2) barring the imposition of the death sentence on a defendant who was a person with mental retardation, as defined in Sec. 1-1g, redesignate existing Subdivs. (2), (3) and (4) as Subdivs. (3), (4) and (5), and make technical changes for purposes of gender neutrality and amended Subsec. (i) to add Subdiv. (8) establishing as an aggravating factor the commission of the offense set forth in Sec. 53a-54b(1) to avoid arrest for a criminal act, prevent detection of a criminal act, hamper or prevent the victim carrying out the victim's official duties or retaliate against the victim for performance of the victim's official duties and make a technical change for purposes of gender neutrality, effective July 1, 2001.

      See Sec. 53a-35b re definition of "life imprisonment".

      See Sec. 53a-35c re availability of sentence of life imprisonment without possibility of release.

      Former Sec. 53-10 unconstitutional. 164 C. 162. Cited. 197 C. 436. Cited. 207 C. 374. Cited. 209 C. 225. Cited. 212 C. 258. Cited. 221 C. 430. Cited. 225 C. 559. Does not violate prohibition of cruel and unusual punishment nor infringe on rights to due process. 230 C. 183. Death penalty statutes cited. Id. Cited. 233 C. 813. Cited. 234 C. 735. Cited. 235 C. 206. Cited. 237 C. 332. Cited. 238 C. 389. Capital sentencing statutes cited. Id. Death penalty statutes cited. Id. Cited. 240 C. 743. Cited. 242 C. 409. Court upheld previous holding that statute does not require a capital sentencer to give mitigating force to any particular proven factor solely because that factor establishes something good about the defendant. Instead, statute leaves the decision as to whether a proven factor is mitigating in nature to sentencer's reasoned moral judgment. 264 C. 1. Once sentencer has found an aggravating factor proven beyond a reasonable doubt, there is no requirement that it go further and make an additional determination that the presence of that factor justifies imposition of the death penalty. Id. Statutory scheme does not contemplate right of allocution in a capital sentencing hearing. 272 C. 106. Once one or more jurors find that defendant has proven existence of a mitigating factor by a preponderance of the evidence, entire jury, and not just those jurors who have found the existence of that mitigating factor, proceed to the weighing process. Id. Nonunanimous decision during penalty phase of a capital trial does not result automatically in sentence of life imprisonment without the possibility of release. Id. Trial court improperly declined to instruct jury that, in order to sentence defendant to death, it must be persuaded beyond a reasonable doubt that aggravating factor or factors outweigh mitigating factor or factors and that, accordingly, it is persuaded beyond a reasonable doubt that death is the appropriate punishment. Id.

      Cited. 9 CA 686. Cited. 32 CA 296. Cited. 36 CA 364.

      Subsec. (b):

      Term "judges" in the first sentence does not entitle defendant who elected to have a jury determine his sentence at the penalty phase hearing to have all three members of the panel before whom the guilt phase was conducted preside at such hearing. 264 C. 1. Provision does not preclude trial court's declaring a mistrial and impaneling new jury after original jury becomes deadlocked in penalty phase of a capital case. 271 C. 338.

      Subsec. (c):

      Cited. 241 C. 57. The state may present evidence to rebut mitigation at the penalty phase that would not be admissible under normal rules of evidence. Under the statute, the state like the defendant only has to meet the relevancy standard for evidence to be allowed. 251 C. 579. Although defendant may offer any evidence relevant to any mitigating factor, trial court is vested with discretion to exclude irrelevant information. 272 C. 106.

      Subsec. (d):

      Mercy is a legitimate consideration only insofar as it is related to mitigating evidence. 264 C. 1. Requirement for capital sentencer to consider "all the facts and circumstances of the case" is not unconstitutionally vague. Id. Lack of remorse is not listed as a statutory aggravating factor, and so may not be relied upon as an aggravating factor, but because mitigating factors call upon jury to elect whether to exercise mercy, defendant's lack of remorse will be relevant generally to rebut defendant's claimed mitigating factors. 266 C. 171. Jury must make its determination of whether the proposed mitigating evidence is mitigating in nature considering all facts and circumstances of the case, but statute does not require that mitigating evidence have some nexus to the offense. Id. "Facts and circumstances" language is a constitutionally permissible method of determining how mitigating circumstances are to be established. Nowhere does statute require that mitigating evidence have some nexus to the offense. 272 C. 106.

      Subsec. (e):

      Cited. 199 C. 163. Imposition of death penalty premised on two unanimous findings by trier of fact that (1) existence of aggravating factor proved beyond a reasonable doubt by state; (2) existence of a mitigating factor not proved by defendant by a preponderance of the evidence. 207 C. 374.

      Subsec. (f):

      Cited. 199 C. 163. Cited. 208 C. 125. Cited. 237 C. 694. Statute requires that jury determine that aggravating factors outweigh mitigating factors by any amount or degree. 266 C. 171. In light of the unique nature of death penalty, of the need for reliability and consistency and the nature of rendering a verdict requiring death penalty, jury must be persuaded beyond a reasonable doubt that aggravating factors outweigh mitigating factors and therefore it is persuaded beyond a reasonable doubt that death sentence should be imposed. Id.

      Subsec. (g):

      Cited. 199 C. 163. Cited. 235 C. 206. Subdiv. (5) cited. 238 C. 828. Although trial court should generally use language of Subdiv. (2) in instructing jury on the statutory mitigating factor, it is not possible that court's minor misstatement, involving such a tenuous semantic distinction, could have misled jury. 269 C. 213. General thrust of statute as a whole persuades us that legislature intended to recognize as mitigating, per se, only those factors that tend to reduce defendant's moral culpability for the offense and make it unlikely that threat of execution would serve as effective deterrent. Id. "Mental capacity" as used in Subdiv. (2) is not open-ended term referring to any and all types of mental function, but refers specifically to defendant's ability, at time of the offense, to understand the wrongful nature and consequences of his conduct legislature's intent in enacting subsec. was to specify factual circumstances under which defendant's moral culpability for committing the offense is reduced. Id. In order to establish either prong of the mitigating factor of Subdiv. (2), defendant must show that his mental impairment had a causal nexus with the offense, thereby reducing his moral culpability. Id.

      Subsec. (h):

      Subdiv. (4): Meaning of "especially cruel" must include intentional infliction of extreme pain or torture above and beyond that necessarily accompanying the underlying killing. 212 C. 258. "Same felony" means a felony that is the same in all material respects as the felony that is committed in this state during commission of the capital felony. That requirement is fully satisfied only if the two felonies share the same essential elements. 264 C. 1.

      Subsec. (i):

      To qualify as an aggravating factor that defendant committed the offense in an especially heinous, cruel or depraved manner, victim must have suffered extreme pain and torture beyond that necessary to cause death. 253 C. 1. Subdiv. (6) does not apply to a capital felony committed during the course of a robbery. 261 C. 111. In order to establish the aggravating factor defined in Subdiv. (4), state must prove that defendant murdered both victims in an especially heinous, cruel or depraved manner. 262 C. 537. Principles of accessorial liability may be used to prove aggravating factors in the penalty phase of a capital case. 271 C. 338. Subdiv. (3): In order to establish this aggravating factor state must prove that defendant knew that in killing one person, another person would be subject to a very serious risk or danger to his or her life. Id. Subdiv. (4) requires proof that defendant engaged in intentional conduct that inflicted extreme physical or psychological pain, suffering or torture on victim above and beyond that necessarily accompanying the underlying killing, and that defendant specifically intended to inflict such extreme pain, suffering or torture or was callous or indifferent to the extreme physical or psychological pain, suffering or torture that his intentional conduct in fact inflicted on victim. 272 C. 106.

      Subdiv. (1): To ensure that prior felony conviction that is based on a constitutionally invalid guilty plea is not used as aggravant in a death penalty case, it is in the interests of justice that court hear evidence on whether the plea was voluntarily and knowingly made, and defendant bears burden of establishing the constitutional invalidity of prior plea. 48 CS 279.

      Sec. 53a-46b. Review of death sentence. (a) Any sentence of death imposed in accordance with the provisions of section 53a-46a shall be reviewed by the Supreme Court pursuant to its rules. In addition to its authority to correct errors at trial, the Supreme Court shall either affirm the sentence of death or vacate said sentence and remand for imposition of a sentence in accordance with subdivision (1) of section 53a-35a.

      (b) The Supreme Court shall affirm the sentence of death unless it determines that: (1) The sentence was the product of passion, prejudice or any other arbitrary factor; or (2) the evidence fails to support the finding of an aggravating factor specified in subsection (i) of section 53a-46a.

      (c) The sentence review shall be in addition to direct appeal and, if an appeal is taken, the review and appeal shall be consolidated for consideration. The court shall then render its decision on the legal errors claimed and the validity of the sentence.

      (P.A. 80-332, S. 2; P.A. 81-472, S. 151, 159; P.A. 85-366, S. 2; P.A. 92-260, S. 23; P.A. 95-16, S. 3, 5; 95-19, S. 3.)

      History: P.A. 81-472 made technical changes; P.A. 85-366 made a technical change to reflect changes made to Sec. 53a-46a by same public act; P.A. 92-260 made technical changes; P.A. 95-16 deleted Subsec. (b)(3) that had required Supreme Court to affirm the death sentence unless it determines the sentence to be excessive or disproportionate to the penalty imposed in similar cases, effective April 12, 1995; P.A. 95-19 made a technical change.

      Cited. 212 C. 258. Does not violate prohibition of cruel and unusual punishment nor infringe on due process rights. 230 C. 183. Death penalty statutes cited. Id. Cited. 234 C. 735. Cited. 235 C. 206. Cited. 238 C. 389. Capital sentencing statutes cited. Id. Death penalty statutes cited. Id.

      Cited. 9 CA 686.

      Subsec. (b):

      Subdiv. (3): Class of similar cases to include all convictions of a capital felony after October 1, 1973, resulting from a trial or from a plea whether or not convictions were followed by imposition of death penalty. 225 C. 559. Subdiv. (3): Prohibition against disproportionality discussed. 234 C. 735. Subdiv. (3) cited. 237 C. 332. Subdiv. (3): Court concluded that statutory proportionality review scheme is constitutional and that it involves the precedent seeking method of comparative, rather than traditional, proportionality review. 238 C. 389. Court stayed proceedings pending review. 272 C. 674. Subsec. does not create nonwaivable right to mandatory sentence review by Connecticut Supreme Court of any and all claims that death sentence was "the product of passion, prejudice or any other arbitrary factor," regardless of the time and manner in which claim was raised. Court is not required to impose moratorium on execution of death sentences whenever an unproven claim of systemic arbitrariness in administration of death penalty scheme is raised. Id., 676.

      Subsec. (c):

      Cited. 237 C. 332. P.A. 95-16, Sec. 3(b) cited. Id.

      Sec. 53a-46c. Applicability of death penalty provisions in effect on and after October 1, 1980. The provisions of sections 53a-46a and 53a-46b in effect on and after October 1, 1980, shall be applicable to any person who is convicted of or pleads guilty to a capital felony under subdivisions (1) to (6), inclusive, of section 53a-54b on or after June 13, 1983.

      (P.A. 83-327, S. 1, 2; P.A. 92-260, S. 24.)

      History: P.A. 92-260 replaced "on October 1, 1980" with "on and after October 1, 1980".

      Does not violate prohibition of cruel and unusual punishment nor infringe on rights to due process. 230 C. 183. Death penalty statutes cited. Id. Cited. 238 C. 389. Capital sentencing statutes cited. Id. Death penalty statutes cited. Id.

      Cited. 9 CA 686.

      Sec. 53a-46d. Victim impact statement read in court prior to imposition of sentence for crime punishable by death. A victim impact statement prepared with the assistance of a victim advocate to be placed in court files in accordance with subdivision (2) of subsection (a) of section 54-220 may be read in court prior to imposition of sentence upon a defendant found guilty of a crime punishable by death.

      (P.A. 00-200, S. 6; P.A. 03-179, S. 2; 03-278, S. 104.)

      History: P.A. 03-179 replaced "prepared by" with "prepared with the assistance of" and made a technical change; P.A. 03-278 made a technical change, effective July 9, 2003.

      Sec. 53a-47. Disposition of person found not guilty by reason of mental disease or defect. Confinement and examination. Release. Section 53a-47 is repealed.

      (1969, P.A. 828, S. 47; P.A. 75-476, S. 5, 6; P.A. 78-280, S. 1, 2, 115, 127; P.A. 81-301, S. 2; P.A. 83-486, S. 2; P.A. 85-506, S. 31, 32.)

PART III*
INCHOATE OFFENSES

      Sec. 53a-48. Conspiracy. Renunciation. (a) A person is guilty of conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them commits an overt act in pursuance of such conspiracy.

      (b) It shall be a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

      (1969, P.A. 828, S. 48, 49; 1971, P.A. 871, S. 16.)

      History: 1971 act amended Subsec. (b) to remove reference to "affirmative" defense.

      See Sec. 53a-50 re effect of motivation on renunciation.

      Cited. 169 C. 377; Id., 517; Id., 642. Generally may prosecute and sentence defendant for both conspiracy to commit offense and offense itself; Wharton's rule: An agreement by two persons to commit crime which necessarily requires participation of two persons cannot be prosecuted as conspiracy; rule currently valid only as presumption of legislative intent (dissent noted); exception to rule when more persons than required participate. 171 C. 105. Abuse of conspiracy charge to bring in otherwise improper evidence. Id. Cited. Id., 524. Cited. 172 C. 74. Cited. 174 C. 135; Id., 338; Id., 376. Cited. 176 C. 131. Cited. 177 C. 370. Cited. 178 C. 67; Id., 163; Id., 649. 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. Cited. 180 C. 481. Cited. 182 C. 262; Id., 595. Cited. 184 C. 369. Cited. 186 C. 426; Id., 648; Id., 696. Cited. 187 C. 109; Id., 264; Id., 513. Cited. 188 C. 515; Id., 542; Id., 671. Cited. 189 C. 201; Id., 337. Cited. 190 C. 259. Cited. 191 C. 360. Cited. 194 C. 18; Id., 361. Cited. 195 C. 128; Id., 183; Id., 598. Cited. 196 C. 115; Id., 567. Cited. 197 C. 201; Id., 326; Id., 413; Id., 644. "There is no such thing as a conspiracy to commit a crime which is defined in terms of recklessly or negligently causing a result," therefore conspiracy to commit arson in the third degree in violation of this statute and Sec. 53a-113 is not crime cognizable under state law. 199 C. 1. Cited. Id., 14. Cited. 200 C. 113; Id., 310. Cited. 201 C. 489. Cited. 202 C. 520. Cited. 204 C. 240; Id., 630. Cited. 207 C. 323. Cited. 209 C. 1. Cited. 210 C. 435. Cited. 211 C. 289. Cited. 212 C. 195; Id., 387; Id., 593. Cited. 213 C. 233. Conspiracy charge against a defendant is barred after acquittal of sole alleged coconspirator. Conspiracy statute as "bilateral" in nature discussed. Id., 243. Cited. Id., 422; Id., 708. Cited. 215 C. 716; Id., 739. Cited. 216 C. 801. Cited. 218 C. 349; Id., 432. Cited. 220 C. 602; Id., 765. Cited. 221 C. 447; Id., 595. Cited. 223 C. 243; Id., 384. Cited. 224 C. 322. Cited. 225 C. 270; Id., 347. Cited. 227 C. 1; Id., 32; Id., 207. Cited. 235 C. 397; Id., 679; Id., 748. Cited. 236 C. 176; Id., 514. Cited. 237 C. 518. Cited. 238 C. 380. Cited. 239 C. 56; Id., 481. Cited. 240 C. 210; Id., 708. Cited. 241 C. 322. Cited. 242 C. 93.

      Cited. 1 CA 524. Cited. 3 CA 503. Cited. 5 CA 347; Id., 491; Id., 599. Cited. 8 CA 119; Id., 478; Id., 667. Cited. 9 CA 548. Cited. 10 CA 130; Id., 147; Id., 447. Cited. 11 CA 397; Id., 621. Cited. 14 CA 205; Id., 445; Id., 605; Id., 807. Cited. 15 CA 122; Id., 328; Id., 539. Cited. 16 CA 18; Id., 601. Cited. 17 CA 247; Id., 648. Cited. 19 CA 554; Id., 640. Cited. 21 CA 299; Id., 386; Id., 519. Cited. 22 CA 449; Id., 567. Cited. 23 CA 502; Id., 615; Id., 667. Cited. 24 CA 316; Id., 493. Cited. 26 CA 94; Id., 667; Id., 779. Cited. 27 CA 596. Cited. 28 CA 34; Id., 126; Id., 416. Cited. 29 CA 359; Id., 843. Cited. 30 CA 190; Id., 232; Id., 550; Id., 654; Id., 712. Cited. 32 CA 224. Cited. 33 CA 253; Id., 409. Cited. 34 CA 751; judgment reversed, see 233 C. 211 et seq. Cited. 35 CA 714; Id., 839. Cited. 36 CA 59; Id., 190; Id., 454; Id., 556; Id., 631; Id., 672; Id., 753; Id., 774. Cited. 37 CA 219; Id., 456; judgment reversed, see 236 C. 176. Cited. 38 CA 481; Id., 536; Id., 581; Id., 777; Id., 868. Cited. 39 CA 224; Id., 333; Id., 526; Id., 550. Cited. 40 CA 515; Id., 789. Cited. 41 CA 47; Id., 147; Id., 495. Cited. 42 CA 472; Id., 500; Id., 555; Id., 687. Cited. 43 CA 142; Id., 252; Id., 555. Cited. 44 CA 338. Cited. 45 CA 110; Id., 282; Id., 455. Cited. 46 CA 684; Id., 791. Elements of crime of conspiracy under sec. discussed. 63 CA 82. Statute is bilateral in nature in that conspiracy requires a showing that two or more coconspirators intended to engage in or cause conduct that constitutes a crime. 64 CA 384. Conviction and sentencing for multiple conspiracy offenses based on a single agreement is double jeopardy violation. 65 CA 788. Elements of crime of conspiracy discussed. 70 CA 393. There was sufficient evidence to prove beyond a reasonable doubt that defendant knowingly entered into a conspiracy to possess a narcotic substance with intent to sell. 75 CA 223. Jury instructions on conspiracy to commit murder must indicate that state was required to prove intent to agree or conspire to commit murder and intent to cause murder. 92 CA 92.

      Cited. 29 CS 344. Cited. 30 CS 211. Overt act is essential element of offense and must be alleged in information charging conspiracy. 35 CS 96. Cited. 36 CS 603. Cited. 37 CS 527; Id., 853. Cited. 38 CS 301; Id., 374; Id., 593.

      Subsec. (a):

      Cited. 177 C. 243. Cited. 189 C. 752. Cited. 192 C. 383. Cited. 199 C. 389. Cited. 200 C. 586. Cited. 201 C. 289. Cited. 203 C. 420. Cited. 207 C. 118. Cited. 210 C. 78; Id., 619. Cited. 212 C. 50; Id., 485. Cited. 213 C. 243. Cited. 214 C. 122; Id., 344. Cited. 215 C. 570. Cited. 217 C. 243. Cited. 218 C. 151. Cited. 223 C. 635. Cited erroneously as Subsec. (1). 227 C. 363. Cited. 230 C. 351. Cited. 232 C. 431; judgment superseded by en banc reconsideration, see 235 C. 502. Cited. Id., 537. Cited. 235 C. 502. Cited. 239 C. 235; Id., 467. Cited. 240 C. 727. Cited. 241 C. 1; Id., 502. Cited. 242 C. 125; Id., 296. Appellate court in State v. Torres, 41 CA 495, reversed trial court's judgment on grounds of insufficient evidence to convict, judgment of appellate court reversed. Id., 485. Evidence was sufficient to support conspiracy conviction. 253 C. 354. Where two defendants were tried separately and their respective juries were presented with separate, independent evidence of their agreement to commit the crime in question, acquittal of the defendant's coconspirator did not nullify defendant's conviction of the same charge. 257 C. 587.

      Cited. 7 CA 701. Cited. 9 CA 313. Cited. 14 CA 309; judgment reversed, see 212 C. 50; Id., 688. Subdiv. (2) cited. 15 CA 416. Cited. 16 CA 245; Id., 402. Cited. 18 CA 134. Cited. 19 CA 179; Id., 195. Cited. 20 CA 665. Cited. 22 CA 340. Cited. 23 CA 602; Id., 746; judgment reversed, see 221 C. 595. Cited. 25 CA 3; Id., 21; Id., 318. Cited. 26 CA 279. Cited. 27 CA 558; Id., 161; Id., 306; Id., 474; Id., 645; Id., 721. Cited. 29 CA 59; Id., 207. Cited. 31 CA 370. Cited. 32 CA 842. Cited. 33 CA 122; Id., 339; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502; Id., 647. Cited. 34 CA 58; judgment reversed, see 232 C. 537; Id., 96; judgment reversed, see 232 C. 537; Id., 595. Cited. 35 CA 740. Cited. 36 CA 41; Id., 483; Id., 488. Cited. 37 CA 156; Id., 360; Id., 574. Cited. 38 CA 434. Cited. 39 CA 63; Id., 242; Id., 579; Id., 645. Cited. 40 CA 47; Id., 526. Cited. 43 CA 488; Id., 830. Cited. 44 CA 499. Cited. 45 CA 270. Cited. 46 CA 640. Conviction for conspiracy to sell a controlled substance within one thousand five hundred feet of a public housing project reversed where trial court instructed that jury must find that conspiracy occurred within one thousand five hundred feet of public housing project. The law is not concerned with where the plan was hatched, but with where conspirators proposed to carry out its unlawful purpose. 73 CA 386. The nexus between defendant's role in the conspiracy and illegal conduct of his coconspirators was not so attentuated or remote that it would be unjust to hold him responsible for the criminal conduct of his coconspirators. 107 CA 413.

      Cited. 44 CS 490.

      Subsec. (b):

      Cited. 40 CA 526.

      Sec. 53a-49. Criminal attempt: Sufficiency of conduct; renunciation as defense. (a) A person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for commission of the crime, he: (1) Intentionally engages in conduct which would constitute the crime if attendant circumstances were as he believes them to be; or (2) intentionally does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

      (b) Conduct shall not be held to constitute a substantial step under subdivision (2) of subsection (a) of this section unless it is strongly corroborative of the actor's criminal purpose. Without negating the sufficiency of other conduct, the following, if strongly corroborative of the actor's criminal purpose, shall not be held insufficient as a matter of law: (1) Lying in wait, searching for or following the contemplated victim of the crime; (2) enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission; (3) reconnoitering the place contemplated for the commission of the crime; (4) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed; (5) possession of materials to be employed in the commission of the crime, which are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances; (6) possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, where such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances; (7) soliciting an innocent agent to engage in conduct constituting an element of the crime.

      (c) When the actor's conduct would otherwise constitute an attempt under subsection (a) of this section, it shall be a defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

      (1969, P.A. 828, S. 50; 1971, P.A. 871, S. 17; P.A. 92-260, S. 25.)

      History: 1971 act amended Subsec. (c) to remove reference to "affirmative" defense; P.A. 92-260 made technical changes.

      See Sec. 53a-50 re effect of motivation on renunciation.

      Cited. 169 C. 377; Id., 581. Cited. 173 C. 254; Id., 317; Id., 360. Cited. 174 C. 16; Id., 142. Cited. 175 C. 398. Cited. 179 C. 1. Cited. 180 C. 481. Cited. 182 C. 207; Id., 430; Id., 595. Cited. 183 C. 29. Cited. 184 C. 157. Cited. 185 C. 163; Id., 199. Cited. 186 C. 261. Cited. 187 C. 681. Cited. 189 C. 383. Cited. 193 C. 70; Id., 602. Cited. 194 C. 233; Id., 241; Id., 408. Cited. 195 C. 611. Cited. 196 C. 36; Id., 567. Cited. 198 C. 124. Cited. 199 C. 14; Id., 155; Id., 591. Cited. 200 C. 30. Cited. 201 C. 174; Id., 190; Id., 289; Id., 605. Cited. 202 C. 259; Id., 509; Id., 520. Cited. 203 C. 445; Id., 484. Cited. 204 C. 630. Cited. 205 C. 61; Id., 616. Cited. 206 C. 213. Cited. 207 C. 1. Cited. 209 C. 34. Cited. 210 C. 519; Id., 652. Cited. 214 C. 454. Cited. 215 C. 695; Id., 716. Cited. 216 C. 585; Id., 647. Cited. 218 C. 747. Cited. 220 C. 384; Id., 765. Cited. 221 C. 109. Cited. 222 C. 117; Id., 718. Cited. 226 C. 497. Cited. 227 C. 301. Cited. 228 C. 384; Id., 393. Cited. 229 C. 125. Cited. 231 C. 235. Cited. 232 C. 455. Cited. 235 C. 397; Id., 40; Id., 469; Id., 502; Id., 748. Cited. 236 C. 266. Cited. 237 C. 501; Id., 518; Id., 748. Cited. 238 C. 389. Cited. 241 C. 1; Id., 413; Id., 502. Cited. 242 C. 125; Id., 389; Id., 648. In charge of attempt to commit sexual assault, conduct of a suspect who, for the purpose ultimately of having sex with a person whom the suspect believes to be a child, travels to a prearranged place to meet that child, is sufficient to constitute a substantial step in furtherance of the planned crime even if the person to be met is in fact an undercover officer and section is not unconstitutionally vague based on these facts. 277 C. 155.

      Cited. 1 CA 344. Cited. 2 CA 333. Cited. 3 CA 166. Cited. 6 CA 24. Cited. 7 CA 1; Id., 257; Id., 367; Id., 503; Id., 701. Cited. 8 CA 351; Id., 496; Id., 545; Id., 631. Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 587. Cited. 10 CA 130; Id., 503. Cited. 12 CA 32; Id., 163; Id., 217; Id., 395; Id., 604; Id., 685. Cited. 13 CA 69. Cited. 14 CA 526. Cited. 15 CA 531; Id., 704. Cited. 16 CA 38; Id., 284. Cited. 17 CA 359. Cited. 19 CA 618; Id., 631. Cited. 20 CA 27. Cited. 21 CA 326; Id., 386. Cited. 22 CA 199; Id., 340; Id., 449. Cited. 23 CA 160; Id., 315. Cited. 24 CA 13; Id., 624; Id., 697. Cited. 25 CA 104; Id., 298; Id., 334; Id., 433; Id., 578; Id., 725. Cited. 27 CA 73; Id., 403; Id., 601. Cited. 28 CA 34; Id., 64; Id., 469. Cited. 30 CA 26; Id., 406; judgment reversed, see 228 C. 335. Cited. 31 CA 370. Cited. 33 CA 339; judgment reversed in part, see 232 C. 431; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502. Cited. 34 CA 103; Id., 223. Cited. 35 CA 51; Id., 138; Id., 740. Cited. 36 CA 161; Id., 336; Id., 641; Id., 680; Id., 805; Id., 831. Cited. 37 CA 62; judgment reversed, see 237 C. 501; Id., 733. Cited. 38 CA 777; Id., 581. Cited. 39 CA 1; Id., 18; Id., 267; Id., 333; Id., 789; Id., 810. Cited. 40 CA 60; Id., 374; Id., 483. Cited. 41 CA 515; Id., 751. Cited. 42 CA 472. Cited. 43 CA 61; Id., 252; Id., 599. Cited. 44 CA 6; Id., 70; Id., 231; Id., 476. Cited. 45 CA 390. Cited. 46 CA 684; Id., 691; Id., 734. Jury was within its right to conclude that defendant, armed with dangerous instrument, entered apartment unlawfully with intent to commit a robbery, but once inside, did not do anything which constituted a substantial step in a course of conduct planned to culminate in a robbery or that he abandoned his attempt. 87 CA 251. To be guilty of attempt, a defendant's conscious objective must be to cause result which would constitute the substantive crime. 107 CA 517.

      Cited. 33 CS 599. Cited. 37 CS 755. Cited. 38 CS 464. Cited. 39 CS 347.

      Subsec. (a):

      Cited. 177 C. 140. Subdiv. (2) cited. 178 C. 689. Cited. 182 C. 176. Subdivs. (1) and (2) cited. Id., 585; part of ruling in State v. Jacobowitz, in which court had ruled that a defendant was entitled on remand to a direction of acquittal with respect to a count improperly added to other charges of which the defendant had had proper notice overruled, see 224 C. 1. Subdiv. Cited. 188 C. 574. Cited. 189 C. 303. Subdiv. (2) cited. 190 C. 822. Cited. 194 C. 258. Cited. 195 C. 651. Cited. 198 C. 53. Cited. 199 C. 255. Cited. 200 C. 44; Id., 607. Subdiv. (2) cited. 205 C. 528; Id., 673; 207 C. 646; 208 C. 202. Cited. 209 C. 416. Subdiv. (2) cited. Id., 733; 211 C. 18; Id., 441; Id., 555; 212 C. 31. Cited. Id., 50. Cited. 216 C. 492. Subdiv. (2) cited. 217 C. 243; 220 C. 408; Id., 652. Subdiv. (1) cited. Id., 928. Cited. 221 C. 402; Id., 915. Subdiv. (2) cited. 222 C. 556; 224 C. 397; 225 C. 524; 227 C. 616; 228 C. 234; 229 C. 60. Cited. Id., 839. Cited. 232 C. 431; judgment superseded by en banc reconsideration, see 235 C. 502. Subdiv. (2) cited. Id.; judgment superseded by en banc reconsideration, see 235 C. 502. Subdiv. (2) cited. 233 C. 502. Cited. 238 C. 313. Subdiv. (2) cited. 240 C. 395; 241 C. 322; Id., 802; 242 C. 485. Evidence that defendant merely solicited a murder by mailing a coded letter from the correctional facility where he was incarcerated, without any accompanying or following act of perpetration was insufficient to support conviction for attempted murder. 262 C. 295.

      Cited. 5 CA 586. Cited. 6 CA 164; Id., 476. Cited. 7 CA 149; Id., 257. Subdiv. (2) cited. 10 CA 217; Id., 462; . 11 CA 80. Cited. 12 CA 221. Subdiv. (2) cited. 13 CA 12; Id., 237,. Cited. 14 CA 309; judgment reversed, see 212 C. 50. Subdiv. (2) cited. 15 CA 222; Id., 416. Cited. 23 CA 663. Subdiv. (2) cited. Id., 692; 24 CA 27; judgment reversed, see 220 C. 652; Id., 264; 26 CA 52. Cited. Id., 65. Subdiv. (2) cited. Id., 114. Cited. Id., 242. Subdiv. (2) cited. Id., 367; Id., 433. Subdiv. (1) cited. Id., 779. Subdiv. (2) cited. 28 CA 290; Id., 306; Id., 402; Id., 548; 29 CA 39; Id., 262; 30 CA 9; Id., 68; Id., 470. Subdiv. (1) cited. Id., 606. Cited. 31 CA 120; Id., 385. Subdiv. (2) cited. 33 CA 368. Subdiv. (1) Id., 647. Subdiv. (2) cited. Id., 743; judgment reversed, see 233 C. 502. Cited. 35 CA 279. Subdiv. (2) cited. Id., 699; 36 CA 41. Cited. Id., 718. Subdiv. (2) cited. 38 CA 536; 39 CA 224; Id., 242; 40 CA 387; Id., 624; 41 CA 47; Id., 287. Cited. 42 CA 264. Subdiv. (2) cited. 43 CA 488; Id., 578. Subdiv. (1) cited. Id., 619. Cited. Id., 680. Subdiv. (2) cited. Id., 785; 44 CA 499; 45 CA 658; Id., 756. Proof of prior plan or premeditation not necessary to establish criminal liability for attempted murder. 47 CA 401. Subdiv. (2) cited re testimony of sole witness sufficient to establish guilt beyond reasonable doubt. 49 CA 486. Subdiv. (2) cited re showing that victim had custody or control over appropriated property is sufficient to support a charge of larceny. Id. Subdiv. (2): Defendant took substantial step in hiring an agent to commit an arson even though agent was not actually paid. To constitute a substantial step, consummation of the deed is not required. 59 CA 362. Statutory provisions codified common law distinction between the acts of solicitation and attempt and an attempt not a solicitation under Sec. 53a-179a. 65 CA 145. On basis of the evidence, jury could reasonably conclude that defendant intended to force victim to have sexual intercourse with him and intended to compel sexual intercourse by use of force or the threat of use of force. 75 CA 447. To be guilty of crime of attempt to commit assault in the first degree defendant must be shown to have had the mental state required to commit assault in the first degree and fact that the wounds actually inflicted by defendant were relatively minor does not mean that there was insufficient evidence to find that he intended to inflict serious injury. 78 CA 646. Evidence which established that defendant arranged for sale of heroin to undercover police officer then left his residence and traveled in the direction of designated meeting place for the sale was sufficient to find defendant guilty of attempt to commit a crime, in particular, the sale of narcotics by a person who is not drug dependent in violation of Sec. 21a-278(b). 82 CA 111. Intent required for crime of attempted assault of a peace officer is the intent to prevent the officer from performing duties, regardless of whether injury is intended. 96 CA 634.

      Cited. 41 CS 229. Cited. 43 CS 46.

      Subsec. (b):

      Cited. 194 C. 258. Cited. 211 C. 555.

      Court rejected defendant's argument that "following" must have a predatory thrust and requires proximity in space as well as in time; the jury could reasonably have concluded that defendant followed the intended victim. 105 CA 335.

      Subsec. (c):

      Cited. 221 C. 915.

      Cited. 17 CA 128. Renunciation by defendant found not to be voluntary where defendant failed to continue course of criminal conduct because of circumstances of fellow inmate's early release and rumors that defendant's conversations were being recorded. 59 CA 362.

      Sec. 53a-50. Effect of motivation on renunciation. For purposes of this part, 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 or to transfer the criminal effort to another but similar objective or victim.

      (1969, P.A. 828, S. 51.)

      Cited. 182 C. 595.

      Cited. 17 CA 128. Cited. 23 CA 160. Renunciation by defendant found not to be voluntary where defendant failed to continue course of criminal conduct because of circumstances of fellow inmate's early release and rumors that defendant's conversations were being recorded. 59 CA 362.

      Sec. 53a-51. Classification of attempt and conspiracy. Attempt and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or is an object of the conspiracy, except that an attempt or conspiracy to commit a class A felony is a class B felony.

      (1969, P.A. 828, S. 52.)

      Cited. 182 C. 595. Cited. 184 C. 369. Cited. 195 C. 183. Cited. 202 C. 520. Cited. 204 C. 630. Cited. 211 C. 18. Cited. 213 C. 708. Cited. 235 C. 502. Defendant guilty of conspiracy to commit robbery in the first degree is subject to the minimum nonsuspendable sentence in Sec. 53a-134(b). 264 C. 593.

      Cited. 8 CA 545. Cited. 10 CA 447. Cited. 21 CA 299. Cited. 22 CA 567. Cited. 29 CA 843. Cited. 33 CA 253. Cited. 36 CA 190.

      Sec. 53a-52. Conviction; sentencing. Section 53a-52 is repealed.

      (1969, P.A. 828, S. 53; 1971, P.A. 871, S. 129.)

PART IV*
HOMICIDE

      Secs. 53a-53 and 53a-54. Homicide defined. Murder defined; affirmative defenses; evidence of mental condition; classification. Sections 53a-53 and 53a-54 are repealed.

      (1969, P.A. 828, S. 54, 55; 1971, P.A. 871, S. 129; P.A. 73-137, S. 15.)

      Sec. 53a-54a. Murder. (a) A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception; except that in any prosecution under this subsection, it shall be an affirmative defense that the defendant committed the proscribed act or acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be, provided nothing contained in this subsection shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.

      (b) Evidence that the defendant suffered from a mental disease, mental defect or other mental abnormality is admissible, in a prosecution under subsection (a) of this section, on the question of whether the defendant acted with intent to cause the death of another person.

      (c) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony or murder under section 53a-54d.

      (P.A. 73-137, S. 2; P.A. 80-442, S. 15, 28; P.A. 83-486, S. 4; P.A. 92-260, S. 26.)

      History: P.A. 80-442 amended Subsec. (c) to specify punishment in accordance with Sec. 53a-35a(2), deleting reference to death penalty imposed as provided by Sec. 53a-46a for capital felony, effective July 1, 1981; P.A. 83-486 amended Subsec. (a) by replacing "acted" with "committed the proscribed act or acts"; P.A. 92-260 amended Subsec. (c) to add exception for murder under Sec. 53a-54d.

      See Sec. 53a-54b re capital felony.

      See Sec. 53a-54c re felony murder.

      Cited. 171 C. 241. Cited. 173 C. 414. Cited. 176 C. 508; 177 C. 1. Cited. 178 C. 450; Id., 626. Cited. 179 C. 1; Id., 431. Cited. 180 C. 141. Constitutionally permissible for a jury to find a defendant indicted for murder guilty of homicide in a lesser degree where the evidence supports such a finding although the state of mind required is different. Id., 382. Cited. Id., 589. Cited. 181 C. 406. Cited. 182 C. 66; Id., 388; Id., 497; Id., 603. Cited. 185 C. 163. Cited. 186 C. 261; Id., 476. Cited. 188 C. 626. Cited. 189 C. 303; Id., 346. 190 C. 639. Cited. 191 C. 233; Id., 545. Cited. 194 C. 408; Id., 416; Id., 483; Id., 530. Cited. 195 C. 475. Cited. 196 C. 667. Cited. 197 C. 60; Id., 180; Id., 337; Id., 436; Id., 507. Cited. 198 C. 124; Id., 209; Id., 397; Id., 542; Id., 560; Id., 573; Id., 644. Cited. 199 C. 102; Id., 155; Id., 163; Id., 631; Id., 718. Cited. 200 C. 553. Cited. 201 C. 174; Id., 190; Id., 276; Id., 368; Id., 605. Cited. 202 C. 18; Id., 75; Id., 86; Id., 316. Cited. 203 C. 212; Id., 641. Cited. 204 C. 240. Cited. 205 C. 279; Id., 298; Id., 507; Id., 616. Cited. 206 C. 182. Cited. Id., 213. Cited. Id., 323. Cited. Id., 346; Id., 512; Id., 678. Cited. 207 C. 374; Id., 646. Cited. 208 C. 125. Cited. 209 C. 225; Id., 290; Id., 622. Cited. 210 C. 78; Id., 304; Id., 519; Id., 631; Id., 652. Cited. 211 C. 215; Id., 289; Id., 441. Cited. 212 C. 325; Id., 387; Id., 612. Cited. 213 C. 97; Id., 243; Id., 388; Id., 405; Id., 579; Id., 593; Id., 708. Cited. 214 C. 57; Id., 77; Id., 118; Id., 454; Id., 476; Id., 493; Id., 616. Cited. 215 C. 231; Id., 277; Id., 570; Id., 646; Id., 695; Id., 739. Cited. 216 C. 139; Id., 188; Id., 282; Id., 301; Id., 585; Id., 699. Cited. 218 C. 349; Id., 486; Id., 714. Cited. 219 C. 16; Id., 596; Id., 721. Cited. 220 C. 169; Id., 270; Id., 285; Id., 602; Id., 765. Cited. 221 C. 58; Id., 93; Id., 109. Cited. 222 C. 506. Cited. 223 C. 273; Id., 674. Cited. 224 C. 63; Id., 168; Id., 372. Cited. 225 C. 55; Id., 114; Id., 524; Id., 609. Cited. 226 C. 20; Id., 237; Id., 497. Cited. 227 C. 231; Id., 301; Id., 417; Id., 456; Id., 566. Cited. 228 C. 62; Id., 118; Id., 281; Id., 412. Cited. 229 C. 125; Id., 193; Id., 328; Id., 691. Cited. 231 C. 43; Id., 115; Id., 235. Cited. 233 C. 44; Id., 215. Cited. 234 C. 139; Id., 324; Id., 381; Id., 683. Cited. 235 C. 206; Id., 274; Id., 397; Id., 413; Id., 473. Cited. 236 C. 189. Failure of trial court to instruct jury on extreme emotional disturbance was error; judgment of appellate court affirming judgment of trial court in State v. Person, 36 CA 448, reversed, Id., 342. Affirmative defense of extreme emotional disturbance cited. Id. Cited. Id., 514. Cited. 237 C. 58; Id., 339; Id., 364; Id., 518; Id., 694. Under appropriate circumstances defendant can simultaneously intend to cause death of, and serious physical injury to, the same person; judgment of appellate court in State v. Williams, 39 CA 18, reversed. Id., 748. Cited. 238 C. 389; Id., 588. Cited. 239 C. 56; Id., 481. Cited. 240 C. 210; Id., 727; Id., 743. Cited. 241 C. 322; Id., 502; Id., 702. Cited. 242 C. 605; Id., 666. Cited. 247 C. 318. Evidence that defendant merely solicited a murder by mailing a coded letter from the correctional facility where he was incarcerated, without any accompanying or following act of perpetration was insufficient to support a conviction for attempted murder. 262 C. 295.

      Cited. 7 CA 180; Id., 223; Id., 470. Cited. 10 CA 357. Cited. 12 CA 32; Id., 217. Cited. 17 CA 502; judgment reversed, see 213 C. 579; Id., 602. Cited. 19 CA 111; judgment reversed, see 215 C. 538; Id., 440; Id., 609; Id., 674. Cited. 22 CA 669. Cited. 24 CA 115; Id., 244; Id., 692. Cited. 25 CA 104; Id., 433; Id., 456. Cited. 26 CA 259. Cited. 27 CA 1; Id., 520. Cited. 28 CA 416; Id., 548; Id., 425; Id., 608; Id., 771. Cited. 29 CA 386; Id., 452; Id., 499. Cited. 30 CA 677. Cited. 32 CA 170. Cited. 33 CA 90; Id., 763. Cited. 34 CA 103; Id., 317. Cited. 35 CA 438; Id., 541; Id., 762. Cited. 36 CA 250; Id., 345; Id., 364; Id., 448; judgment reversed, see 236 C. 342; Id., 473; Id., 506; Id., 516; Id., 556. Cited. 37 CA 749. Cited. 38 CA 371; Id., 434. Cited. 39 CA 18; judgment reversed, see 237 C. 748; Id., 242; Id., 224; Id., 632. Cited. 40 CA 151; Id., 318; Id., 387. Cited. 41 CA 604; Id., 809. Cited. 42 CA 348; Id., 555. Cited. 43 CA 61; Id., 549. Cited. 44 CA 6; Id., 70; Id., 231; Id., 476; Id., 790. Cited. 45 CA 148; Id., 207; Id., 261; Id., 584. Cited. 46 CA 216; Id., 285; Id., 578; Cited. Id., 640. Id., 684; Id., 734. Evidence was sufficient beyond a reasonable doubt to conclude that defendant intended to cause victim's death. 55 CA 469. It is possible to commit attempted murder without creating risk of any physical injury to another person. 56 CA 592. Failure of trial court to inform defendant of intent requirement under statute not plain error. 65 CA 234. Trial court did not improperly exclude proffered evidence re defendant's claim of intoxication at time of murder. 91 CA 169.

      Cited. 40 CS 38; Id., 498. Cited. 42 CS 10; Id., 426. Cited. 43 CS 367.

      Subsec. (a):

      Cited. 172 C. 65. "Extreme emotional disturbance" guidelines. 177 C. 1. Cited. Id., 487. Cited. 180 C. 171. Cited. 181 C. 268; Id., 284. Cited. 182 C. 142; Id., 585; part of ruling in State v. Jacobowitz, in which court had ruled that a defendant was entitled on remand to a direction of acquittal with respect to a count improperly added to other charges of which the defendant had had proper notice overruled, see 224 C. 1. Cited. 184 C. 121. Cited. 186 C. 414; Id., 574. Cited. 187 C. 6. Cited. 190 C. 219. Cited. 191 C. 27. Cited. 192 C. 700. Cited. 193 C. 474; Id., 646. Cited. 194 C. 376; Id., 392. Cited. 195 C. 166; Id., 232; Id., 651. Cited. 196 C. 557. Cited. 197 C. 106; Id., 595. Cited. 198 C. 53; Id., 77. Cited. 200 C. 224; Id., 607; Id., 642; Id., 743. Charge on this defense was inadequate under the circumstances. 201 C. 174. Cited. Id., 244; Id., 534. Cited. 202 C. 259; Id., 429. Cited. 204 C. 207; Id., 259. Cited. 205 C. 370; Id., 578; Id., 723. Cited. 206 C. 229; Id., 300; Id., 391. Cited. 208 C. 455. Cited. 209 C. 596. Cited. 210 C. 481; Id., 619. Cited. 212 C. 258; Id., 351; Id., 593. Cited. 214 C. 122; Id., 146; Id., 161; Id., 344; Id., 540. Cited. 216 C. 492. Cited. 217 C. 243. Interpretation of section not to require reasonableness of a defendant's extreme emotional disturbance to be determined solely from his subjective viewpoint. Id., 648. Cited. 218 C. 747; Id., 766. Cited. 219 C. 234; Id., 295. Cited. 220 C. 385; Id., 408. Cited. 221 C. 128; Id., 430. Cited. 222 C. 1; Id., 718. Cited. 223 C. 41; Id., 127; Id., 207; Id., 384; Id., 411; Id., 535; Id., 635. Cited. 224 C. 196; Id., 325. Cited. 227 C. 389; Id., 448. Cited. 228 C. 384. Cited. 230 C. 183. Cited. 232 C. 537. Cited. 233 C. 1; Id., 106; Id., 174; Id., 517; Id., 813. Cited. 236 C. 388. Cited. 238 C. 253; Id., 313; Id., 395. Cited. 241 C. 1; Id., 665. Cited. 242 C. 409; Id., 485. Cited. 243 C. 205. Term "death" as used in Penal Code includes irreversible cessation of functioning of brain. 244 C. 761. Section incorporates the doctrine of transferred intent and holds both a principal and an accomplice liable for death of an unintended victim. 253 C. 354. Re jury charge on extreme emotional disturbance, it was proper for trial court to refuse to instruct jury to consider defendant's unique mental and emotional characteristics and impact of those characteristics on defendant since the statute incorporates a standard that is objective as to its overview, but subjective as to the defendant's belief. 261 C. 336. Defendant was entitled to a jury instruction on the lesser included offense of manslaughter as set forth in Sec. 53a-55(a)(1). 262 C. 453. Statute specifically provides for intent to be transferred from the target of defendant's conduct to an unintended victim. 273 C. 393.

      Cited. 7 CA 367; Id., 457. Cited. 8 CA 496; Id., 147; judgment reversed, see 206 C. 278; Id., 169; judgment reversed, see 205 C. 370. Cited. 10 CA 697. Cited. 11 CA 80; Id., 628. Cited. 20 CA 27. Cited. 21 CA 801. Cited. 22 CA 199; Id., 507; Id., 521. Cited. 23 CA 692. Cited. 24 CA 624. Cited. 26 CA 242. Cited. 27 CA 73; Id., 403; Id., 643. Cited. 28 CA 231; Id., 469. Cited. 29 CA 573. Cited. 30 CA 406; judgment reversed, see 228 C. 335. Cited. 31 CA 385. Cited. 32 CA 438; Id., 687; Id., 759. Cited. 33 CA 122; Id., 782. Cited. 34 CA 58; judgment reversed, see 232 C. 537; Id., 96; judgment reversed, see 232 C. 537; Id., 368; see also 233 C. 517. Cited. 35 CA 138; Id., 374; judgment reversed, see 235 C. 413; Id., 541. Cited. 36 CA 336; Id., 417; Id., 805; Id., 831. Cited. 37 CA 252; judgment reversed, see 236 C. 388; Id., 404; Id., 574. Cited. 40 CA 47; Id., 60; Id., 374; Id., 470. Cited. 41 CA 361; Id., 495; Id., 515. Cited. 43 CA 252; Id., 830. Cited. 44 CA 198; Id., 338. Cited. 45 CA 297. Cited. 46 CA 600. Statute sets forth a standard that is objective in its overview, but subjective as to defendant's belief. 48 CA 784. Trial court's instruction re extreme emotional disturbance defense was proper. 55 CA 469. Cited. 57 CA 734. Subsec. permits conviction of manslaughter in the first degree with a firearm under Sec. 53a-55a regardless of extreme emotional disturbance defense. 86 CA 784. One who uses deadly weapon upon a vital part of another will be deemed to have intended the probable result of that act, and from such circumstance a proper inference may be drawn in some cases that there was an intent to kill. 95 CA 263. Murder is a specific intent crime and although court's instruction improperly referred to general intent to engage in proscribed conduct, the erroneous instruction was not harmful beyond a reasonable doubt and defendant was not deprived of fair trial because court also properly instructed jury that it had to find defendant intended to cause victim's death. 99 CA 230. A homicide influenced by an extreme emotional disturbance is not one which is necessarily committed in hot blood stage, but rather one that was brought about by a significant mental trauma that caused defendant to brood for long period of time and then react violently, seemingly without provocation. 104 CA 780.

      Subsec. must be read without the word "affirmative". The state must prove beyond a reasonable doubt all of the elements of the offense charged without imposing any burden on the defendant. 33 CS 28. Unborn not included in definition of "person". 40 CS 498. Cited re ineffective counsel claim. 46 CS 344.

      Subsec. (b):

      Evidence of mental capacity admissible when defendant is charged with commission of crime under which state must prove defendant acted recklessly. 195 C. 232.

      Subsec. (c):

      Cited. 180 C. 171. Cited. 181 C. 151. Cited. 193 C. 144; Id., 350. Cited. 194 C. 376; Id., 392. Cited. 196 C. 655. Cited. 200 C. 721. Cited. 201 C. 244; Id., 395. Cited. 205 C. 638. Cited. 214 C. 378.

      Cited erroneously as Sec. 53a-54(c). 41 CA 530.

      Sec. 53a-54b. Capital felony. A person is guilty of a capital felony who is convicted of any of the following: (1) Murder of a member of the Division of State Police within the Department of Public Safety or of any local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal who is exercising authority granted under any provision of the general statutes, a judicial marshal in performance of the duties of a judicial marshal, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, a conservation officer or special conservation officer appointed by the Commissioner of Environmental Protection under the provisions of section 26-5, an employee of the Department of Correction or a person providing services on behalf of said department when such employee or person is acting within the scope of such employee's or person's employment or duties in a correctional institution or facility and the actor is confined in such institution or facility, or any firefighter, while such victim was acting within the scope of such victim's duties; (2) murder committed by a defendant who is hired to commit the same for pecuniary gain or murder committed by one who is hired by the defendant to commit the same for pecuniary gain; (3) murder committed by one who has previously been convicted of intentional murder or of murder committed in the course of commission of a felony; (4) murder committed by one who was, at the time of commission of the murder, under sentence of life imprisonment; (5) murder by a kidnapper of a kidnapped person during the course of the kidnapping or before such person is able to return or be returned to safety; (6) murder committed in the course of the commission of sexual assault in the first degree; (7) murder of two or more persons at the same time or in the course of a single transaction; or (8) murder of a person under sixteen years of age.

      (P.A. 73-137, S. 3; P.A. 77-604, S. 39, 84; 77-614, S. 486, 610; P.A. 80-335; P.A. 85-144; P.A. 92-260, S. 27; P.A. 95-16, S. 4; P.A. 98-126, S. 1; P.A. 00-99, S. 120, 154; P.A. 01-84, S. 10, 26; 01-151, S. 3, 5.)

      History: P.A. 77-604 substituted "chief inspector or inspector in the division of criminal justice" for "county detective" in Subdiv. (1); P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 80-335 added Subdivs. (7) and (8) making murder in course of committing sexual assault in first degree and murder of two or more persons at same time a capital felony; P.A. 85-144 amended Subdiv. (6) by adding "economic" and deleting the proviso that the seller was not, at the time of such sale, a drug-dependent person; P.A. 92-260 made technical changes in Subdivs. (1) and (3); P.A. 95-16 added Subdiv. (9) re murder of a person under 16 years of age; P.A. 98-126 amended Subdiv. (1) to replace "an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility" with "an employee of the Department of Correction or a person providing services on behalf of said department when such employee or person is acting within the scope of his employment or duties in a correctional institution or facility and the actor is confined in such institution or facility"; P.A. 00-99 amended Subdiv. (1) to replace reference to sheriff and deputy sheriff with provision re state marshal exercising statutory authority and judicial marshal in performance of duties, effective December 1, 2000; P.A. 01-84 replaced "fireman" with "firefighter" and made other technical changes for purposes of gender neutrality, effective July 1, 2001; P.A. 01-151 amended Subdiv. (1) to include the murder of a conservation officer or special conservation officer appointed by the Commissioner of Environmental Protection under the provisions of Sec. 26-5, deleted former Subdiv. (6) re the illegal sale, for economic gain, of cocaine, heroin or methadone to a person who dies as a direct result of the use of such cocaine, heroin or methadone, redesignating existing Subdivs. (7), (8) and (9) as Subdivs. (6), (7) and (8), and made technical changes for purposes of gender neutrality, effective July 1, 2001.

      See Sec. 53a-54a re murder.

      See Sec. 53a-54c re felony murder.

      Cited. 194 C. 416. Cited. 198 C. 92. Cited. 199 C. 163. Cited. 201 C. 276. Cited. 211 C. 289. Cited. 215 C. 570. Cited. 216 C. 699. Cited. 218 C. 486. Cited. 230 C. 183. Cited. 234 C. 324; Id., 735. Cited. 235 C. 206. Cited. 237 C. 332. Cited. 238 C. 389; Id., 828. Cited. 240 C. 727. Cited. 241 C. 702. Cited. 242 C. 409. Murder in the course of kidnapping does not require ransom; murder in the course of sexual assault includes murder to prevent victim from becoming a witness; denial of a bill of particulars on aggravating factors did not deny fair hearing; meaning of "heinous" and "depraved" discussed; "heinous, cruel or depraved" as a unitary rather than three separate factors discussed; statute complies with the eighth and fourteenth amendments; statutory construction and precedent support conclusion that the burden of persuasion applies to both elements of mitigation; proportionality review still available in this case despite repeal of requirement. 251 C. 285. Trial court properly instructed jury that it could convict defendant of capital felony based upon a theory of conspiratorial liability even though defendant did not pull trigger of gun that killed victims and was not present when the shootings occurred. 271 C. 338.

      Cited. 32 CA 38. Cited. 36 CA 364. Cited. 42 CA 348. Cited. 43 CA 549. Cited. 45 CA 207.

      Cited 42 CS 426.

      Subdiv. (1):

      Conviction for felony murder under Sec. 53a-54c cannot serve as the predicate murder for the crime of capital felony under this section; term "murder" in capital felony statute may be applied only to intentional murder. 241 C. 702. In order to satisfy the element that police officer had been "acting within the scope of his duties", the state was only required to prove that police officer was acting in the good faith discharge of his official duties when he stopped defendant and attempted to subdue him. 264 C. 1.

      Cited. 41 CA 604.

      Subdiv. (2):

      Capital felony murder discussed. 199 C. 163. Cited. 203 C. 420.

      Cited. 19 CA 111; judgment reversed, see 215 C. 538. Cited. 41 CA 604.

      Subdiv. (3):

      Cited. 41 CA 604. Cited. 45 CA 390.

      Subdiv. (5):

      Cited. 197 C. 436. Cited. 213 C. 388. Provision does not require that kidnapping be accompanied by a demand for ransom. 249 C. 645. Trial court properly instructed jury that its verdict of guilty on charge of intentional murder would provide the predicate for criminal liability under subsection. 263 C. 478.

      Cited. 41 CA 604.

      Subdiv. (6):

      Cited. 233 C. 174. State need only prove that the murder in a kidnap-murder or sexual-assault murder was aggravated in order to establish the aggravating factor. 269 C. 213.

      Cited. 41 CA 604.

      Subdiv. (7):

      Cited. 205 C. 298. Cited. 237 C. 694. Double jeopardy clause not violated where defendant convicted for two counts of capital felony. Evidence indicated that the murders occurred in two sets, at distinctly separate times. 260 C. 339.

      Cited. 41 CA 604.

      Subdiv. (8):

      Cited. 206 C. 213. Cited. 207 C. 374. Cited. 208 C. 125. Cited. 209 C. 225. Cited. 212 C. 258. Cited. 213 C. 708. Cited. 218 C. 349. Cited. 221 C. 430. Cited. 229 C. 125. Cited. 233 C. 813. Only an intentional murder can be a predicate murder to capital felony charge under this section. 238 C. 828. Cited. 241 C. 322; Id., 702. Cited. 242 C. 93. Proper construction to be given to term "in the course of a single transaction" is that there need only be some nexus between murders, that the murders be connected by a common purpose or plan in order to be "in the course of a single transaction". Does not require murders to be at the same time in order to constitute "in the course of a single transaction". Temporal relationship between murders is not an absolute prerequisite to prosecution under subsection. 254 C. 578. Read together, Sec. 53a-54(a) and this subdiv. provide that conviction of intentional murder under doctrine of transferred intent may be the predicate for conviction of capital felony under this subdiv. when victim is under sixteen, regardless of defendant's subjective state of mind. 265 C. 35. Knowledge of the victim's age is not an element of this subdiv. Id. To limit applicability of subdiv. to cases in which state can prove that defendant knew or reasonably should have known the age of his victim would be both impracticable and inconsistent with the legislative intent. Id. Legislature had rational basis for classifying intentional murder of a person under the age of sixteen as a capital felony. 272 C. 106.

      Cited. 38 CA 581. Cited. 41 CA 604.

      Sec. 53a-54c. Felony murder. A person is guilty of murder when, acting either alone or with one or more persons, he commits or attempts to commit robbery, burglary, kidnapping, sexual assault in the first degree, aggravated sexual assault in the first degree, sexual assault in the third degree, sexual assault in the third degree with a firearm, escape in the first degree, or escape in the second degree and, in the course of and in furtherance of such crime or of flight therefrom, he, or another participant, if any, causes the death of a person other than one of the participants, except that in any prosecution under this section, in which the defendant was not the only participant in the underlying crime, it shall be an affirmative defense that the defendant: (1) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and (2) was not armed with a deadly weapon, or any dangerous instrument; and (3) had no reasonable ground to believe that any other participant was armed with such a weapon or instrument; and (4) had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

      (P.A. 74-186, S. 11, 12; P.A. 76-336, S. 21; P.A. 79-570, S. 2; P.A. 92-260, S. 28.)

      History: P.A. 76-336 replaced rape in first degree, deviate sexual intercourse in first degree and sexual contact in first degree with sexual assault in first degree, sexual assault in first degree with firearm, sexual assault in third degree and sexual assault in third degree with firearm; P.A. 79-570 removed murder resulting from commission of or attempt to commit arson from purview of section; P.A. 92-260 replaced obsolete reference to offense of "sexual assault in the first degree with a firearm" with revised name of "aggravated sexual assault in the first degree"; (Revisor's note: In 1995 the indicators (A), (B), (C) and (D) were changed editorially by the Revisors to (1), (2), (3) and (4) respectively for consistency with statutory usage).

      See Sec. 53a-54a re murder.

      See Sec. 53a-54b re capital felony.

      Cited. 171 C. 683. Cited. 176 C. 257. Cited. 177 C. 677. Cited. 178 C. 116. Cited. 179 C. 78. Court did not err in refusing to instruct jury on lesser offenses of first degree burglary and first degree robbery since element of causation, which differentiates felony murder from the lesser offenses, was not sufficiently in dispute. 180 C. 599. Cited. 181 C. 151; Id., 187. Cited. 182 C. 419; Id., 580. Cited (1975 revision). 183 C. 299. Cited. 186 C. 1. Cited. 188 C. 542. Cited. 189 C. 346. Cited. 191 C. 636; Id., 659. Cited. 193 C. 70. Cited. Id., 144. Cited. Id., 350. Cited. 194 C. 223. Cited. Id., 279. Cited. Id., 416. Cited. Id., 530. Cited. 195 C. 505. Manslaughter is not a lesser included crime otherwise of felony murder. 196 C. 421. Cited. 197 C. 396; Id., 436; Id., 588. Cited. 198 C. 92; Id., 255; Id., 386; Id., 397; Id., 435; Id., 506; Id., 517; Id., 638; Id., 644. Cited. 199 C. 110. Cited. 200 C. 323; Id., 721. Cited. 201 C. 34; Id., 395; Id., 462. Cited. 202 C. 18; Id., 39. Cited. 203 C. 4; Id., 212. Cited. 204 C. 377. Cited. 205 C. 298; Id., 485; Id., 507; Id., 616; Id., 638. Cited. 206 C. 157; Id., 657. Cited. 207 C. 1. Cited. 208 C. 52. Cited. 209 C. 34; Id., 75; Id., 290; Id., 564; Id., 636. Cited. 210 C. 78; Id., 652; Id., 751. Cited. 211 C. 289. Cited. 212 C. 387. Cited. 213 C. 388. Cited. 214 C. 132; Id., 454; Id., 493. Cited. 215 C. 695. Cited. 216 C. 282; Id., 367; Id., 699. Cited. 218 C. 85; Id., 151; Id., 309; Id., 447; Id., 486. Cited. 219 C. 743. Cited. 220 C. 1; Id., 385; Id., 417. Cited. 221 C. 315; Id., 635; Id., 643; Id., 685. Cited. 222 C. 117. Cited. 223 C. 299; Id., 595; Id., 635; Id., 834. Cited. 225 C. 270; Id., 347. Cited. 227 C. 101. Cited. 229 C. 691. Cited. 230 C. 88; Id., 183; Id., 351. Cited. 233 C. 44. Cited. 234 C. 97. Cited. 235 C. 595; Id., 748; Id., 802. Cited. 237 C. 390; Id., 518; Id., 694. Cited. 238 C. 389; Id., 828. Cited. 240 C. 727. Cited. 241 C. 1; Id., 322. Conviction for felony murder under this section cannot serve as predicate for the crime of capital felony under Sec. 53a-54b(1). Id., 702. Cited. 242 C. 93; Id., 125; Id., 409; Id., 666. Cited. 247 C. 662. It is inconsistent with purpose of this statute to allow defendant who causes a death in the course of a felony to claim self-defense because victim attempted to thwart the felony. 254 C. 184. The defense of self-defense does not apply to charge of felony murder as a matter of law. Id., 202. A proper charge on felony murder predicated on an attempt crime should include an instruction on the definition of criminal attempt. 286 C. 707.

      Cited. 11 CA 80. Cited. 12 CA 385. Cited. 24 CA 723. Cited. 27 CA 794. Cited. 29 CA 573; Id., 771. Cited. 30 CA 381. Cited 31 CA 771; judgment reversed, see 230 C. 88. Cited. 32 CA 38; Id., 431. Cited. 33 CA 90. Cited. 35 CA 762. Cited. 36 CA 364; Id., 506; Id., 556. Cited. 38 CA 581. Cited. 41 CA 515. Self-defense not available as a defense to charge of felony murder. 42 CA 348. Cited. Id., 472. Cited. 43 CA 61. Cited. 45 CA 32; Id., 187; Id., 390; Id., 658. Reaffirmed prior holding that self-defense not a valid defense to charge of felony murder. 51 CA 798. Court rejects defendant's argument that killing of victim who resisted a robbery attempt by walking away is not committed "in the course of and in furtherance of" the attempted robbery because the attempted robbery had ceased. 64 CA 596.

      Cited. 36 CS 141. Cited. 41 CS 385. Cited 42 CS 426.

      Sec. 53a-54d. Arson murder. A person is guilty of murder when, acting either alone or with one or more persons, he commits arson and, in the course of such arson, causes the death of a person. Notwithstanding any other provision of the general statutes, any person convicted of murder under this section shall be punished by life imprisonment and shall not be eligible for parole.

      (P.A. 79-570, S. 1.)

      Cited. 191 C. 636. Does not violate defendant's right to due process and equal protection. 196 C. 655. Cited. Id., 667. "... when two or more persons are the victims of a single episode there are as many offenses as there are victims." 198 C. 92. Cited. 204 C. 377. Cited. 210 C. 22; Id., 519. Cited. 211 C. 258; Id., 289. Cited. 213 C. 161. Cited. 214 C. 378. Cited. 216 C. 699. Cited. 237 C. 694. Cited. 238 C. 828. Cited. 240 C. 727. Cited. 241 C. 702.

      Cited. 41 CA 476.

      Cited. 42 CS 426.

      Sec. 53a-55. Manslaughter in the first degree: Class B felony. (a) A person is guilty of manslaughter in the first degree when: (1) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or (2) with intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he committed the proscribed act or acts under the influence of extreme emotional disturbance, as provided in subsection (a) of section 53a-54a, except that the fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subsection; or (3) under circumstances evincing an extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person.

      (b) Manslaughter in the first degree is a class B felony.

      (1969, P.A. 828, S. 56; P.A. 73-137, S. 9; P.A. 83-486, S. 5.)

      History: P.A. 73-137 substituted reference to Sec. 53a-54a for reference to Sec. 53a-54 in Subdiv. (2); P.A. 83-486 amended Subsec. (a)(2) by replacing "acts" with "committed the proscribed act or acts".

      Cited. 168 C. 610. Cited. 169 C. 309. Cited. 170 C. 81. Cited. 180 C. 171. Cited. 181 C. 406. Cited. 182 C. 66. Cited. 188 C. 542. Cited. 190 C. 639. Cited. 192 C. 85. Cited. 193 C. 632; Id., 646; Id., 695. Manslaughter is not a lesser included offense of felony murder. 196 C. 421. Cited. 200 C. 553. Cited. 201 C. 174. Cited. 202 C. 429. Cited. 210 C. 78; Id., 652. Cited. 211 C. 591. Cited. 213 C. 38. Cited. 215 C. 695. Cited. 216 C. 699. Cited. 217 C. 498. Cited. 223 C. 273. Cited. 225 C. 559. Cited. 226 C. 237. Cited. 233 C. 174. Cited. 234 C. 139. Cited. 236 C. 342.

      Cited. 7 CA 223. Cited. 8 CA 307. Cited. 15 CA 74; judgment reversed, see 211 C. 591. Cited. 16 CA 223. Cited. 24 CA 115. Cited. 37 CA 722. Cited. 40 CA 189; Id., 374. Cited. 41 CA 565; Id., 604. Cited. 42 CA 348. Cited. 44 CA 62. Cited. 46 CA 216.

      Cited. 33 CS 28.

      Subsec. (a):

      Subdiv. (1): It is incumbent upon the state to prove a specific intent to cause serious physical injury as intent to achieve a result is an element of the crime charged. 165 C. 400. Cited. 174 C. 89. Cited. 176 C. 107. Subdiv. (3): The conduct proscribed does not require infliction of a physical blow. Id., 227. Subdiv. (1) cited. 177 C. 538. Subdiv. (3) cited. 179 C. 381. Subdivs. (1) and (3); Manslaughter is a lesser included offense of murder although the state of mind required is different. 180 C. 382. Subdiv. (1) cited. 181 C. 187; 182 C. 403; 183 C. 394; 185 C. 63. Subdiv. (3) cited. Id. Cited. 188 C. 237. Subdiv. (1) cited. Id., 653. Subdiv. (2) cited. 189 C. 303. Subdiv. (1): Attempt to commit is not cognizable. Id. Subdiv. (1) cited. 190 C. 219; Id., 576; 194 C. 119. Subdiv. (3) cited. Id., 279. Cited. Id., 376. Subdiv. (1) cited. Id., 408. Subdiv. (2) cited. Id. Subdiv. (1) cited. 196 C. 519. Cited. 198 C. 53; Id., 209. Subdiv. (3) cited. Id., 220. Subdiv. (1) cited. Id., 273. Cited. Id., 454. Subdiv. (1) cited. 199 C. 155. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 383; Id., 417. Subdiv. (2) cited. 200 C. 224. Subdiv. (1) cited. Id., 453; 201 C. 534. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 598. Subdiv. (3) cited. 202 C. 520. Subdiv. (1) cited. Id., 520. Subdiv. (3): Not unconstitutionally vague as applied to defendant. Id., 629. Subdiv. (1) cited. 203 C. 466; 204 C. 120. Subdiv. (2) cited. 205 C. 279. Subdiv. (1) cited. 206 C. 278; 207 C. 276; 209 C. 133; 211 C. 441; 212 C. 612. Subdiv. (2) cited. 213 C. 500. Subdiv. (1) cited. Id., 579; 214 C. 57. Subdiv. (3) cited. Id.; Id., 77. Subdiv. (1) cited. 216 C. 220. Subdiv. (2) cited. 218 C. 766. Subdiv. (1) cited. 219 C. 16. Subdiv. (3) cited. 220 C. 169. Subdiv. (2) cited. Id., 285. Subdiv. (3) cited. 222 C. 444. Subdiv. (1) cited. 224 C. 546; 225 C. 55. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (1) cited. 227 C. 456. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id., 566. Subdiv. (3) cited. Id., 611. Subdiv. (1) cited. 228 C. 118. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 147. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 281. Subdiv. (2) cited. Id. Subdiv. (3) cited. 229 C. 193. Subdiv. (1) cited. Id., 397. Subdiv. (2) cited. 230 C. 183. Subdiv. (1) cited. 231 C. 115. Subdiv. (2) cited. Id. Subdiv (3) cited. Id. Subdiv. (1) cited. Id., 484; 233 C. 106. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 215. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 517. Subdiv. (3) cited. 235 C. 413. Subdiv. (1) cited. Id., 473. Subdiv. (3) cited. Id., 595. Cited. 236 C. 189. Subdiv. (3) cited. 238 C. 253. Subdiv. (1) cited. Id., 313. Subdiv. (3) cited. Id. Subdiv. (1) cited. 240 C. 395; Id., 727; Id., 743. Subdiv. (2) cited. Id., 799. Subdiv. (3) cited. 241 C. 502. Motion to dismiss on grounds that Subdiv. (3) is unconstitutionally vague because legislature failed to define phrases "extreme indifference to human life" and "grave risk of death" and defendant was not given "fair warning" and statute is susceptible to "arbitrary enforcement" fails to meet burden of proof because person of ordinary intelligence would have had fair warning that defendant's actions were proscribed and was properly denied by trial court. 257 C. 544. Based on established principles concerning how evidence is construed, and the inferences reasonably drawn therefrom, evidence was sufficient to support trial court's verdict of manslaughter in the first degree with a firearm. Id. Defendant who was convicted of murder pursuant to Sec. 53a-54a(a) was entitled to a jury instruction on the lesser included offense of manslaughter as set forth in Subdiv. (1). 262 C. 453.

      Subdiv. (3): To be guilty of violating this statute "a person must have the general intent to engage in the proscribed conduct." 5 CA 571. Subdiv. (1) cited. 7 CA 457; Id., 656. Subdiv. (1) cited. 8 CA 273. Subdiv. (3) cited. Id. Subdiv. (1) cited. 9 CA 147; judgment reversed, see 206 C. 278. Subdiv. (3) cited. 11 CA 425; Id., 628. Subdiv. (1) cited. Id., 628; 13 CA 175; 17 CA 502; judgment reversed, see 213 C. 579. Subdiv. (2) cited. Id., 602. Subdiv. (3) cited. 18 CA 423. Subdiv. (1) cited. 19 CA 576; Id., 609; Id., 674. Subdiv. (3) cited. 20 CA 410; 21 CA 138; 22 CA 265. Subdiv. (1) cited. Id., 321; . Id., 340. Subdiv. (2) cited. Id., 507. Subdiv. (1) cited. Id., 521; Id., 669. Subdiv. (3) cited. 23 CA 431. Subdiv. (1) cited. Id., 502; 24 CA 586. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 692. Subdiv. (2) cited. Id. Cited. 25 CA 456. Subdiv. (3) cited. Id., 734; 26 CA 165. Subdiv. (1) cited. Id., 242. Cited. Id., 259. Subdiv. (1) cited. 27 CA 1; Id., 520; Id., 643. Subdiv. (3) cited. 28 CA 34. Subdiv. (1) cited. Id., 81; Id., 231; Id., 771. Subdiv. (3) cited. Id.; Id., 825. Cited. 29 CA 68; judgment reversed, see 227 C. 566. Subdiv. (1) cited. Id., 162; judgment reversed, see 229 C. 397. Subdiv. (3) cited. Id., 394; Id., 452. Subdiv. (1) cited. Id., 533; Id., 754. Subdiv. (3) cited. Id., 773. Subdiv. (1) cited. 30 CA 26; Id., 232; 31 CA 385; 32 CA 687. Subdiv. (3) cited. Id.; Id., 854. Subdiv. (1) cited. 33 CA 116; Id., 782; 34 CA 236; Id., 368; see also 233 C. 517. Subdiv. (3) cited. 35 CA 138; Id., 374; judgment reversed, see 235 C. 413. Subdiv. (1) cited. Id., 438. Subdiv. (3) cited. Id. Cited. 37 CA 180; Id., 404. Subdiv. (1) cited. Id., 473. Cited. 38 CA 801. Subdiv. (3) cited. Id., 815. Subdiv. (1) cited. 39 CA 224; Id., 242. Subdiv. (3) cited. 40 CA 151. Subdiv. (1) cited. 41 CA 831; 42 CA 41; Id., 382. Subdiv. (3) cited. 43 CA 252. Subdiv. (1) cited. Id., 488. Cited. 44 CA 790. Subdiv. (3) cited. Id., 731. Evidence presented at trial concerning a healthy one-year-old left in defendant's care was sufficient to support conviction. 47 CA 188. Subdiv. (1): Criminal liability as an accessory to manslaughter in the first degree has long been recognized under this state's jurisprudence. 49 CA 121. To be guilty under this subsection, it must be established that defendant must have had the general intent to engage in the proscribed conduct. 56 CA 742. Subdiv. (3): Action of defendant in entering house, after car chase, obtaining loaded shotgun, walking 100 feet to edge of driveway and shooting victim showed an extreme indifference to human life. 61 CA 463. Evidence insufficient to find that defendant demonstrated an extreme indifference to human life to support conviction of manslaughter in the second degree when defendant himself ingested fentanyl lollipops, there was no evidence that he or anyone to whom he had given the lollipops had an adverse reaction to them, risks associated with ingestion of Methadose and fentanyl not commonly known by laypeople, and defendant immediately called 9-1-1 upon hearing the victim was unresponsive. 106 CA 467

      Subdiv. (3) cited. 44 CS 417.

      Sec. 53a-55a. Manslaughter in the first degree with a firearm: Class B felony: Five years not suspendable. (a) A person is guilty of manslaughter in the first degree with a firearm when he commits manslaughter in the first degree as provided in section 53a-55, and in the commission of such offense he uses, or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, machine gun, rifle or other firearm. No person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Manslaughter in the first degree with a firearm is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with subdivision (5) of section 53a-35a of which five years of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 75-380, S. 3; July Sp. Sess. P.A. 94-2, S. 1; P.A. 07-143, S. 13.)

      History: July Sp. Sess. P.A. 94-2 amended Subsec. (b) to add provision that any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with Sec. 53a-35a(4) and increase the nonsuspendable sentence from one year to five years; P.A. 07-143 amended Subsec. (b) to make a technical change, effective July 1, 2007.

      Cited. 190 C. 639. Cited. 192 C. 85. Cited. 193 C. 695. Cited. 198 C. 77; Id., 454. Cited. 201 C. 174. Cited. 216 C. 699. Cited. 225 C. 559.

      Cited. 10 CA 357. Cited. 11 CA 425. Cited. 17 CA 97. Cited. 21 CA 801. Cited. 23 CA 502. Cited. 25 CA 734. Cited. 26 CA 259. Cited. 33 CA 116. Cited. 37 CA 722. Cited. 39 CA 224; Id., 242. Sec. 53a-54a(a) permits conviction under this section regardless of extreme emotional disturbance defense. 86 CA 784. When defendant is charged with violation of section as an accessory, state must prove that defendant intended to inflict serious physical injury and to aid the principal in doing so, but does not have to also prove that defendant intended the use, carrying or threatened use of the firearm. 95 CA 362.

      Subsec. (a):

      Court's instructions on intent as element of manslaughter unconstitutional since they could be interpreted as creating a conclusive or burden-shifting presumption. 180 C. 171. Cited. 195 C. 160. Cited. 199 C. 383. Cited. 203 C. 466. Cited. 206 C. 346. Cited. 216 C. 282.

      Cited. 26 CA 259. Subdiv. (1) cited. 27 CA 263.

      Subsec. (b):

      Cited. 206 C. 346. Cited. 207 C. 412.

      Cited. 7 CA 223.

      Sec. 53a-56. Manslaughter in the second degree: Class C felony. (a) A person is guilty of manslaughter in the second degree when: (1) He recklessly causes the death of another person; or (2) he intentionally causes or aids another person, other than by force, duress or deception, to commit suicide.

      (b) Manslaughter in the second degree is a class C felony.

      (1969, P.A. 828, S. 57.)

      Cited. 169 C. 309. Cited. 181 C. 406. Cited. 188 C. 542. Cited. 195 C. 232. Manslaughter is not a lesser included offense of felony murder. 196 C. 421. Cited. 199 C. 631. Cited. 201 C. 174. Cited. 202 C. 629. Cited. 210 C. 78. Cited. 212 C. 593. Cited. 213 C. 579. Cited. 216 C. 699. Cited. 217 C. 498. Cited. 226 C. 237. Cited. 227 C. 566. Cited. 236 C. 342.

      Cited. 7 CA 180. Cited. 11 CA 425. Cited. 19 CA 674. Cited. 21 CA 654. Cited. 24 CA 586. Cited. 26 CA 448. Cited. 32 CA 687; Id., 759. Cited. 37 CA 722. Cited. 42 CA 348. Cited re evidence sufficient to sustain conviction. 51 CA 814.

      Subsec. (a):

      Subdiv. (1) cited. 174 C. 89. Subdiv. (1): Manslaughter is a lesser included offense of murder although the state of mind required is different. 180 C. 382. Subdiv. (1) cited. 185 C. 63. Cited. 187 C. 6. Subdiv. (1) cited. 193 C. 632; 194 C. 119; 199 C. 155; 206 C. 657; 214 C. 57. Cited. 219 C. 16. Subdiv. (1) cited. 222 C. 444; 225 C. 55. Cited. 226 C. 20. Subdiv. (1) cited. 228 C. 118. Cited. Id., 147. Subdiv. (1) cited. 231 C. 115; 238 C. 253.

      Cited. 5 CA 157. Subdiv. (1) cited. Id., 338; 11 CA 628. Cited. 17 CA 502; judgment reversed, see 213 C. 579. Subdiv. (1) cited. 20 CA 430. Cited. 25 CA 456. Subdiv. (1) cited. 28 CA 771; Id., 825. Cited. 30 CA 95; judgment reversed, see 228 C. 147. Subdiv. (1) cited. 32 CA 854; 38 CA 815; 40 CA 47.

      Sec. 53a-56a. Manslaughter in the second degree with a firearm: Class C felony: One year not suspendable. (a) A person is guilty of manslaughter in the second degree with a firearm when he commits manslaughter in the second degree as provided in section 53a-56, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm. No person shall be found guilty of manslaughter in the second degree and manslaughter in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Manslaughter in the second degree with a firearm is a class C felony for which one year of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 75-380, S. 4.)

      Cited. 199 C. 631. Cited. 201 C. 174. Cited. 207 C. 191. Cited. 216 C. 699. Cited. 227 C. 456. Cited. 228 C. 281.

      Cited. 10 CA 697.

      Subsec. (a):

      Cited. 216 C. 282.

      Subsec. (b):

      Cited. 207 C. 412.

      Sec. 53a-56b. Manslaughter in the second degree with a motor vehicle: Class C felony. (a) A person is guilty of manslaughter in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug.

      (b) Manslaughter in the second degree with a motor vehicle is a class C felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

      (P.A. 82-403, S. 1; P.A. 83-534, S. 8; P.A. 85-147, S. 1; P.A. 08-150, S. 59.)

      History: P.A. 83-534 amended Subsec. (b) to require the court to suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty for one year; P.A. 85-147 deleted "while intoxicated" from the title of the offense and a provision that defined "intoxication" to include intoxication by alcohol or by drug or both, and replaced elements of offense of "when, in consequence of his intoxication while operating a motor vehicle, he causes the death of another person" with "when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug"; P.A. 08-150 amended Subsec. (b) to require court to order a person found guilty not to operate any motor vehicle that is not equipped with an approved ignition interlock device for a period of two years after restoration of such person's operator's license or nonresident operating privilege.

      See Sec. 14-111g re motor vehicle operator's retraining program.

      Cited. 193 C. 632. Cited. 213 C. 74. Cited. 216 C. 699. Cited. 219 C. 752. Cited. 229 C. 228. There is no language in section to indicate expressly that legislature intended that a person convicted of second degree manslaughter with a motor vehicle could not also be convicted of first degree manslaughter. 263 C. 390.

      Cited. 5 CA 378. Cited. 9 CA 686. Cited. 11 CA 122; Id., 473. Cited. 12 CA 129; Id., 294. Cited. 16 CA 358. Cited. 18 CA 223. Cited. 21 CA 138. Cited. 22 CA 108. Cited. 23 CA 215; Id., 720. Cited. 29 CA 825. Cited. 34 CA 557; Id., 655. Cited. 36 CA 710. Cited. 40 CA 359.

      Subsec. (a):

      Sec. 53a-57 not a lesser included offense. 11 CA 473. Cited. 20 CA 495.

      Sec. 53a-57. Misconduct with a motor vehicle: Class D felony. (a) A person is guilty of misconduct with a motor vehicle when, with criminal negligence in the operation of a motor vehicle, he causes the death of another person.

      (b) Misconduct with a motor vehicle is a class D felony.

      (1969, P.A. 828, S. 58; P.A. 76-16; P.A. 82-403, S. 3.)

      History: P.A. 76-16 defined "intoxication" for purposes of section; P.A. 82-403 amended Subsec. (a) by deleting the provision that a person is guilty of misconduct with a motor vehicle when he causes the death of another person "in consequence of his intoxication while operating a motor vehicle" and by deleting the definition of "intoxication".

      See Sec. 14-111g re motor vehicle operator's retraining program.

      Cited. 174 C. 112; Id., 118. Cited. 176 C. 445; Id., 451. Cited. 188 C. 620. Cited. 202 C. 629. Cited. 207 C. 336. Cited. 216 C. 699. Cited. 222 C. 444. Cited. 229 C. 228.

      Cited. 3 CA 137. Violation of Sec. 14-222a, negligent homicide with a motor vehicle, is a lesser included offense of misconduct with a motor vehicle. 9 CA 686. Not a lesser included offense of Sec. 53a-56b(a). 11 CA 473. Cited. 15 CA 392. Cited. 16 CA 497. Cited. 21 CA 138. Cited. 22 CA 108. Cited. 23 CA 720. Cited. 28 CA 283. Cited. 29 CA 825. Cited. 30 CA 428. Cited. 34 CA 655. Conviction upheld where defendant became aware that his ability to operate a motor vehicle was impaired, yet continued to operate the motor vehicle. 64 CA 631.

      Cited. 35 CS 519. Cited. 36 CS 527.

      Subsec. (a):

      Cited. 20 CA 495. This subsec. and Sec. 14-223(b) contain multiple elements that are dissimilar, and the clear language of the statutes themselves is sufficient for conclusion that they do not impose two punishments for the same act. 84 CA 351.

      Sec. 53a-58. Criminally negligent homicide: Class A misdemeanor. (a) A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person, except where the defendant caused such death by a motor vehicle.

      (b) Criminally negligent homicide is a class A misdemeanor.

      (1969, P.A. 828, S. 59.)

      Cited. 174 C. 89. Criminally negligent homicide is a lesser included offense of murder although the state of mind required is different. 180 C. 382. Cited. 181 C. 406. Cited. 185 C. 63. Cited. 187 C. 6. Cited. 195 C. 232. Cited. 202 C. 520; Id., 629. Cited. 204 C. 410; Id., 429. Cited. 212 C. 593. Cited. 213 C. 579. Cited. 216 C. 699. Cited. 223 C. 273. Cited. 226 C. 237. Cited. 227 C. 456. Cited. 228 C. 118, 127. Trial court improperly refused to instruct jury on this lesser included offense. Judgment of appellate court in State v. Ray, 30 CA 95, reversed. Id., 147. Cited. Id., 281. Cited. 238 C. 253.

      Cited. 17 CA 502; judgment reversed, see 213 C. 579. Cited. 24 CA 586. Cited. 26 CA 448. Cited. 28 CA 388; Id., 771. Cited. 30 CA 95; judgment reversed, see 228 C. 147; Id., 232. Cited. 32 CA 687. Cited. 35 CA 438.

      Cited. 40 CS 498.

      Subsec. (a):

      Cited. 201 C. 174. Cited. 214 C. 57. Cited. 231 C. 115.

      Cited. 34 CA 368; see also 233 C. 517.

      Sec. 53a-58a. Negligent homicide with a motor vehicle. Section 53a-58a is repealed.

      (P.A. 73-639, S. 5; P.A. 81-26, S. 2.)

      See Sec. 14-222a re negligent homicide with a motor vehicle.

PART V*
ASSAULT AND RELATED OFFENSES

      Sec. 53a-59. Assault in the first degree: Class B felony: Nonsuspendable sentences. (a) A person is guilty of assault in the first degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or (2) with intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or (3) under circumstances evincing an extreme indifference to human life he recklessly engages in conduct which creates a risk of death to another person, and thereby causes serious physical injury to another person; or (4) with intent to cause serious physical injury to another person and while aided by two or more other persons actually present, he causes such injury to such person or to a third person; or (5) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of the discharge of a firearm.

      (b) Assault in the first degree is a class B felony provided (1) any person found guilty under subdivision (1) of subsection (a) 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 and (2) any person found guilty under subsection (a) shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim of the offense is a person under ten years of age or if the victim of the offense is a witness, as defined in section 53a-146, and the actor knew the victim was a witness.

      (1969, P.A. 828, S. 60; P.A. 80-442, S. 16, 28; P.A. 92-87, S. 1; July Sp. Sess. P.A. 94-2, S. 3; P.A. 95-142, S. 12; P.A. 99-240, S. 13.)

      History: P.A. 80-442 added proviso in Subsec. (b) requiring at least 5 years' imprisonment for person found guilty under Subsec. (a)(1), effective July 1, 1981; P.A. 92-87 added Subsec. (a)(4) re causing serious physical injury to another person while aided by two or more other persons actually present; July Sp. Sess. P.A. 94-2 added Subsec. (a)(5) re causing physical injury to another person or to a third person by means of the discharge of a firearm; P.A. 95-142 added Subsec. (b)(2) requiring the defendant to be sentenced to a term of imprisonment of which 10 years of the sentence imposed may not be suspended or reduced by the court if the victim is under 10 years of age; P.A. 99-240 amended Subsec. (b)(2) to make the nonsuspendable sentence applicable if the victim of the offense is a witness, as defined in Sec. 53a-146, and the actor knew the victim was a witness.

      Cited. 171 C. 264. Whether physical injury sustained by victim was "serious" was question of fact for the jury. 175 C. 204. Cited. 191 C. 142. Cited. 193 C. 333. Cited. 196 C. 18. Cited. 200 C. 607. Cited. 203 C. 484. Cited. 207 C. 233. Cited. 209 C. 34. Cited. 211 C. 441. Cited. 215 C. 739. Cited. 221 C. 402. Cited. 227 C. 301. Cited. 239 C. 467. Cited. 240 C. 743. Cited. 242 C. 125; Id., 389.

      Cited. 3 CA 607. Cited. 5 CA 590. Cited. 8 CA 545. Cited. 11 CA 621; Id., 699. Cited. 13 CA 139. Cited. 14 CA 244; Id., 309. Cited. 17 CA 200. Cited. 19 CA 654. Cited. 20 CA 437; Id., 521. Cited. 21 CA 557. Cited. 25 CA 171. Cited. 34 CA 103. Cited. 35 CA 107; Id., 609; Id., 762. Cited. 36 CA 336. Cited. 37 CA 180. Cited. 38 CA 20; Id., 777. Cited. 39 CA 333; Id., 645. Cited. 42 CA 624. Cited. 43 CA 549. Cited. 44 CA 6. Cited. 46 CA 691. Assault statute provides for intent to be transferred and does not require that defendant be aware of the presence of unintended victim. 84 CA 263.

      Cited. 39 CS 347.

      Subsec. (a):

      Subdiv. (1) cited. 169 C. 428. Cited. 172 C. 94; Id., 275. Cited. 173 C. 254. Evidence victim suffered various broken facial bones and spent eleven days in hospital was sufficient to show the "serious physical injury" required for conviction. Id., 389. Cited. 174 C. 16; Id., 604. Subdiv. (3) cited. 176 C. 138. Subdiv. (1) cited. 178 C. 116; Id., 448; 180 C. 481; Id., 557; 182 C. 449; Id., 501. Subdiv. (3) cited. Id., 585; part of ruling in State v. Jacobowitz, in which court had ruled that a defendant was entitled on remand to a direction of acquittal with respect to a count improperly added to other charges of which the defendant had had proper notice overruled, see 224 C. 1 et seq.; Subdiv. (1) cited. 183 C. 29. Subdiv. (3) cited. 184 C. 400. Subdiv. (1) cited. 185 C. 63. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 372; 186 C. 1; Id., 17; Id., 654; 187 C. 199 (Diss. Op.); Id., 681; 189 C. 61; Id., 303; 190 C. 219. Subdiv. (3) cited. 191 C. 12. Subdiv. (1) cited. 193 C. 48. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 474. Subdiv. (3) cited. Id., 632. Subdiv. (1) cited. 194 C. 89; Id., 119. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 408. Subdiv. (2) cited. Id. Subdiv. (1) cited. 195 C. 475; Id., 651; 196 C. 395. Cited. 197 C. 602. Subdiv. (1) cited. 198 C. 23; 199 C. 155. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Cited. Id., 322. Subdiv. (1) cited. 200 C. 642; 202 C. 259; Id., 463. Subdiv. (3): Not unconstitutionally vague as applied to defendant. Id., 629. Subdiv. (1) cited. 204 C. 207. Subdiv. (3) cited. Id., 523. Subdiv. (1) cited. 205 C. 370; Id., 673. Subdiv. (3) cited. 208 C. 38. Subdiv. (1) cited. 209 C. 322; 210 C. 619. Subdiv. (3) cited. 211 C. 1. Subdiv. (1) cited. 212 C. 50; 213 C. 97; 214 C. 122; Id., 344. Cited. Id., 717. Subdiv. (1) cited. 216 C. 188; Id., 492. Subdiv. (3) cited. Id., 585. Subdiv. (1) cited. Id., 647; 217 C. 243. Subdiv. (3) cited. 218 C. 747. Subdiv. (1) cited. 219 C. 16. Cited. Id., 363. Subdiv. (1) cited. 220 C. 385; Id., 408; Id., 915; 222 C. 117. Subdiv. (3) cited. Id., 444. Subdiv. (1) cited. Id., 718; 225 C. 450; Id., 524. Assault statute cited. 227 C. 301. Subdiv. (1) cited. Id., 518; Id., 711. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 751. Subdiv. (3) cited. Id., 751. Subdiv. (1) cited. 228 C. 147. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 234; Id., 335; 229 C. 125. Subdiv. (3) cited. Id., 178; 230 C. 608. Subdiv. (1) cited. 231 C. 235; 233 C. 502; 235 C. 473. Subdiv. (3) cited. Id., 746. Subdiv. (1) cited. Id., 748; 237 C. 694. Subdiv. (1): Under appropriate circumstances a defendant can simultaneously intend to cause death of, and serious physical injury to, same person; judgment of appellate court in State v. Williams, 39 CA 18, reversed. Id., 748. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (1) cited. 239 C. 481; 240 C. 395; 241 C. 665; Id., 802. Subdiv. (3) cited. 242 C. 143. Subdiv. (1) cited. Id., 485. Subdiv. (3) cited. Id., 723. Subdiv. (1) cited. Id., 745. Subdiv. (3): Criminal conduct can arise by an omission to act when there is a legal duty to do so and defendant who had established a familial relationship with victim's mother and her children, had assumed responsibility for the welfare of the children and had taken care of the children as though he were their father, had a legal duty to protect victim from abuse and breach of that duty exposed defendant to criminal liability. 245 C. 209. Subdiv. (5) cited. 247 C. 662. Defendant was not without fair warning and his due process rights were not denied by court's holding construing a common law duty to act under section. 260 C. 93. Evidence that child abuse victim had sustained obvious injuries was sufficient to support defendant's conviction based on his failure to act. Id. Re double jeopardy claim, defendant failed to meet his burden of proving that his conviction with regard to different injuries arose out of the same act. Id. This section and Sec. 53-21 do not stand in relationship to each other as greater and lesser included offenses and are not the same offense for double jeopardy purposes. Id. Defendant who was not perpetrator of physical assaults on child and who was neither a parent nor a legal guardian could not be criminally liable for assault in the first degree in violation of Subdiv. (3). Accordingly, defendant's conviction of two counts of that crime were reversed and case remanded for resentencing on remaining charge of risk of injury to a child. 274 C. 727.

      Subdiv. (1) cited. 1 CA 609. Cited. 3 CA 166. Subdiv. (1) cited. 5 CA 40. Cited. 6 CA 124. Subdiv. (1) cited. Id., 469; Id., 476; 7 CA 309; 8 CA 119; Id., 176. Subdiv. (3) cited. 9 CA 79. Subdiv. (1) cited. Id., 169; judgment reversed, see 205 C. 370; Id., 330. Subdiv. (3) cited. 10 CA 103. Subdiv. (1) cited. Id., 176; Id., 302; Id., 462; Id., 643. Subdiv. (3) cited. Id. Subdiv. (1) cited. 11 CA 499; 12 CA 217; Id., 655; 13 CA 12; Id., 120; Id., 237; Id., 687; Id., 824. Subdiv. (3) cited. 14 CA 1. Subdiv. (1) cited. Id., 140. Subdiv. (3) cited. Id., 493. Subdiv. (1) cited. Id., 511; 15 CA 34; Id., 416; Id., 531; Id., 704; 16 CA 184. Subdiv. (3) cited. Id., 206. Subdiv. (1) cited. Id., 346; Id., 390. Subdiv. (2) cited. Id. Cited. 17 CA 391. Subdiv. (1) cited. 18 CA 477; 19 CA 174; Id., 618; 20 CA 27; 21 CA 688; 22 CA 199; Id., 340. Subdiv. (3) cited. Id., 610. Subdiv. (1) cited. Id.; 23 CA 28; Id., 315; Id., 663; Id., 692; 24 CA 152; Id., 264; Id., 316; Id., 556; Id., 563; Id., 624. Subdiv. (3) cited. 25 CA 243. Subdiv. (2) cited. Id., 275. Subdiv. (1) cited. Id., 433; Id., 578; Id., 619. Subdiv. (3) cited. Id. Subdiv. (1) cited. 26 CA 52; Id., 114; Id., 145. Subdiv. (3) cited. Id., 331. Subdiv. (1) cited. Id., 367; Id., 433; Id., 641; 27 CA 73. Subdiv. (3) cited. Id. Cited. Id., 322. Subdiv. (1) cited. Id., 654; 28 CA 34; Id., 290. Subdiv. (3) cited. Id.; Id., 402. Subdiv. (1) cited. Id., 548. Subdiv. (3) cited. Id., 825. Subdiv. (1) cited. Id., 833; judgment reversed, see 227 C. 518; 29 CA 59; Id., 262; Id., 704; Id., 744; 30 CA 9; Id., 26; Id., 68; Id., 232. Subdiv. (3) cited. Id., 359. Subdiv. (1) cited. Id., 406; judgment reversed, see 228 C. 335. Subdiv. (2) cited. Id., 606. Subdiv. (1) cited. 31 CA 58; 32 CA 553. Subdiv. (3) cited. Id. Subdiv. (1) cited. 33 CA 60; Id., 122; Id., 743; judgment reversed, see 233 C. 502; 34 CA 223; Id., 261; Id., 610; Id., 691. Subdiv. (3) cited. Id., 807. Subdiv. (1) cited. 35 CA 51. Subdiv. (2) cited. Id. Subdiv. (1) cited. Id., 138. Subdiv. (3) cited. Id., 279. Subdiv. (1) cited. Id., 699; Id., 740; 36 CA 41; Id., 473; Id., 483; Id., 506. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 576; Id., 695; Id., 805; Id., 831. Subdiv. (3) cited. 37 CA 21. Subdiv. (1) cited. Id., 464. Subdiv. (3) cited. Id., 749. Subdiv. (1) cited. 39 CA 18. Subdiv. (3) cited. Id.; judgment reversed, see 237 C. 748. Subdiv. (1) cited. Id., 563. Subdiv. (3) cited. Id. Subdiv. (1) cited. 40 CA 60; Id., 387; Id., 483; Id., 515; Id., 624; 41 CA 515; Id., 565; Id., 831. Subdiv. (4) cited. 42 CA 307. Subdiv. (1) cited. Id., 371. Subdiv. (3) cited. Id. Subdiv. (1) cited. 43 CA 205. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 488; Id., 578; 44 CA 26. Cited. Id., 231. Subdiv. (1) cited. Id.; Id., 476; Id., 499; 45 CA 270; Id., 591; 46 CA 684; Id., 734. Subdiv. (3) cited. Id. Offenses described in Subdivs. (1) and (4) are two separate offenses for purposes of double jeopardy. 53 CA 581. To secure conviction for assault in the first degree under Subdiv. (1), state must establish beyond a reasonable doubt that defendant intended to cause serious physical injury to another person, did, in fact, cause serious physical injury to that person and caused that injury by means of a dangerous instrument. 70 CA 232. There was sufficient evidence from which jury reasonably could have found victim had suffered serious and permanent disfigurement and that defendant intended to cause such serious and permanent disfigurement where defendant butted victim's face with his head, bit her face, struck her on the head with a hairdryer, kicked her and attempted to choke her, resulting in scars to victim's face. 74 CA 633. Defendant's actions in shaking infant with such violence as to cause injuries consistent with "shaken baby syndrome" was a gross deviation from the standard of conduct a reasonable person would observe and evinced extreme indifference to human life. Id., 736. Subdiv. (2): Fact that the wounds actually inflicted by defendant were relatively minor does not mean that there was insufficient evidence to find that he intended to inflict serious injury. 78 CA 646. Subdiv. (1): Evidence that defendant arrived at crime scene and fired several shots at bedroom where he believed wife was staying was sufficient for jury to conclude that defendant committed attempt to commit assault in the first degree which requires proof of intentional conduct constituting a substantial step toward intentionally causing victim serious physical injury by means of a dangerous instrument or deadly weapon. 99 CA 203. Subdiv. (5): Court's instructions to jury improperly included additional element of intent to use firearm but did not prejudice defendant because inclusion of the additional element was to the state's, and not to defendant's, detriment. 107 CA 517.

      Subsec. (b):

      Cited. 219 C. 363.

      Sec. 53a-59a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree: Class B felony: Five years not suspendable. (a) A person is guilty of assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree, when such person commits assault in the first degree under section 53a-59(a)(2), 53a-59(a)(3) or 53a-59(a)(5) and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, and the actor is not a person with mental retardation.

      (b) No person shall be found guilty of assault in the first degree and assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

      (c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

      (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree is a class B felony and any person found guilty under this section 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.

      (P.A. 77-422, S. 1; P.A. 80-442, S. 17, 28; July Sp. Sess. P.A. 94-2, S. 4; P.A. 99-122, S. 1; 99-186, S. 14.)

      History: P.A. 80-442 added proviso in Subsec. (c) requiring five years' imprisonment for persons found guilty under section provisions, effective July 1, 1981; July Sp. Sess. P.A. 94-2 amended Subsec. (a) to add reference to Sec. 53a-59(a)(5); P.A. 99-122 changed the name of the offense from "assault of a victim sixty or older in the first degree" to "assault of an elderly, blind, disabled or mentally retarded person in the first degree", where appearing, amended Subsec. (a) to add Subdiv. (2) to include within the offense an assault where the victim is a person with mental retardation and the actor is not a person with mental retardation, and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being a person with mental retardation that the actor did not know the victim was a person with mental retardation, relettering former Subsec. (c) as Subsec. (d); P.A. 99-186 changed the name of the offense from "assault of a victim sixty or older in the first degree" to "assault of an elderly, blind, disabled or pregnant person in the first degree" where appearing, amended Subsec. (a) to include within the offense an assault where the victim is pregnant and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being pregnant that the actor did not know the victim was pregnant, relettering former Subsec. (c) as Subsec. (d); (Revisor's note: In 2005, the Revisors recodified new Subsec. (c) to reflect the separate affirmative defenses established by P.A. 99-122 and P.A. 99-186).

      See Secs. 53a-321 to 53a-323, inclusive, re abuse of elderly, blind, disabled or mentally retarded person.

      Cited. 180 C. 557. Cited. 211 C. 1. Cited. 230 C. 608.

      Cited. 5 CA 590. Cited. 14 CA 1. Cited. 20 CA 467; Id., 521. Cited. 35 CA 609.

      Subsec. (a):

      Cited. 235 C. 502.

      Cited. 28 CA 402. Cited. 40 CA 387. Subdivs. (1) and (5) do not proscribe the same offense for double jeopardy purposes. 98 CA 85.

      Subsec. (b):

      Cited. 216 C. 282.

      Subsec. (c):

      Cited. 207 C. 412.

      Sec. 53a-59b. Assault of an employee of the Department of Correction in the first degree: Class B felony. (a) A person is guilty of assault of an employee of the Department of Correction in the first degree when he is in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction and commits assault in the first degree under section 53a-59 and the victim of such assault is an employee of the Department of Correction acting in the performance of his duties.

      (b) No person shall be found guilty of assault in the first degree and assault of an employee of the Department of Correction in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

      (c) Assault of an employee of the Department of Correction in the first degree is a class B felony. If any person is sentenced to a term of imprisonment for a violation of this section which occurred while such person was confined in an institution or facility of the Department of Correction, such term of imprisonment shall run consecutively to the term for which the person was serving at the time of the assault.

      (P.A. 93-246, S. 2.)

      See Sec. 53a-167c re assault of an employee of the Department of Correction, employee or member of the Board of Pardons and Paroles or probation officer.

      Sec. 53a-59c. Assault of a pregnant woman resulting in termination of pregnancy: Class A felony. (a) A person is guilty of assault of a pregnant woman resulting in termination of pregnancy when such person commits assault in the first degree as provided under subdivision (1) of subsection (a) of section 53a-59 and (1) the victim of such assault is pregnant, and (2) such assault results in the termination of pregnancy that does not result in a live birth.

      (b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know that the victim was pregnant.

      (c) Assault of a pregnant woman resulting in termination of pregnancy is a class A felony.

      (P.A. 03-21, S. 1.)

      Sec. 53a-60. Assault in the second degree: Class D felony. (a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) he is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, he causes physical injury to such employee or member.

      (b) Assault in the second degree is a class D felony.

      (1969, P.A. 828, S. 61; 1971, P.A. 871, S. 18; P.A. 73-639, S. 20; P.A. 84-236, S. 4; P.A. 93-246, S. 3; July Sp. Sess. P.A. 94-2, S. 5; P.A. 04-234, S, 2.)

      History: 1971 act added Subsec. (a)(6) re physical injury to employee of department of correction or member of parole board; P.A. 73-639 deleted former Subsec. (a)(3) re physical injury to peace officer or fireman resulting from intentional attempt to prevent such person from performing his duty, renumbering accordingly; P.A. 84-236 amended Subsec. (a)(5) by changing "committed to" to "in the custody of" and adding phrase "confined in any institution or facility of the department of correction"; P.A. 93-246 amended Subsec. (a)(5) to delete from the scope of the offense a person who is in the custody of the commissioner of correction or confined in any institution or facility of the department of correction and with intent to cause physical injury to an employee of the department of correction causes physical injury to such employee; July Sp. Sess. P.A. 94-2 amended Subsec. (a)(2) to add "other than by means of the discharge of a firearm" to reflect changes made to Sec. 53a-59 by same public act; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004.

      Illegal confinement is no defense to assault on correctional officer. 169 C. 438. Cited. 171 C. 264. Cited. 172 C. 275. Cited. 173 C. 254. Cited. 184 C. 157; Id., 520. Cited. 193 C. 144; Id., 232. Cited. 197 C. 602. Cited. 198 C. 23. Cited. 199 C. 146. Cited. 216 C. 647. Cited. 222 C. 331. Cited. 231 C. 545. Cited. 237 C. 238.

      Cited. 5 CA 590; Id., 612. Cited. 7 CA 701. Cited. 12 CA 221; Id., 320; Id., 679. Cited. 13 CA 667. Cited. 17 CA 200. Cited. 20 CA 75. Cited. 24 CA 13. Cited. 32 CA 224. Cited. 34 CA 1. Cited. 35 CA 138; Id., 431. Cited. 36 CA 59. Cited. 37 CA 338. Cited. 38 CA 598. Cited. 46 CA 486; Id., 691; Id., 741.

      Cited. 34 CS 531.

      Subsec. (a):

      Subdiv. (2) cited. 171 C. 395. Cited. 175 C. 155. Subdiv. (3) cited. 185 C. 63. Subdiv. (2) cited. 188 C. 574. Subdiv. (5) cited. 190 C. 143. Subdiv. (1) cited. 193 C. 48. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (1) cited. 194 C. 119. Subdiv. (2) cited. Id. Subdiv. (1) cited. Id., 408. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (2) cited. 195 C. 636; Id., 651; 198 C. 405; Id., 424. Subdiv. (1) cited. 199 C. 322. Subdiv. (3) cited. Id. Subdiv. (2) cited. 201 C. 103; Id., 289; 202 C. 520; 204 C. 207; Id., 714. Subdiv. (1) cited. 209 C. 733. Subdiv. (2) cited. 211 C. 151; 219 C. 721; 220 C. 385; 221 C. 447. Subdiv. (1) cited. 222 C. 556. Subdiv. (2) cited. 223 C. 243. Subdiv. (3) cited. Id. Subdiv. (1) cited. 226 C. 618. Subdiv. (2) cited. 227 C. 153. Subdiv. (5) cited. Id., 711; Id., 751. Subdiv. (2) cited. 228 C. 147. Subdiv. (5) cited. Id., 910; 230 C. 591; 235 C. 748. Subdiv. (2) cited. 239 C. 481.

      Subdiv. (2) cited. 1 CA 584. Subdiv. (1) cited. 5 CA 40. Subdiv. (2) cited. Id., 40. Subdiv. (1) cited. 6 CA 701. Subdiv. (2) cited. 7 CA 27; Id., 95; Id., 377. Subdiv. (1) cited. 8 CA 35. Subdiv. (2) cited. 9 CA 161; 10 CA 50; Id., 330; Id., 462; 11 CA 665; 13 CA 386; 14 CA 463; Id., 472; Id., 493; Id., 586; 15 CA 586; Id., 704; . 17 CA 226; 19 CA 245; Id., 576; Id., 618; 20 CA 27. Subdiv. (3) cited. 22 CA 586. Subdiv. (5) cited. 23 CA 83. Cited. Id., 447. Subdiv. (1) cited. Id., 502. Subdiv. (2) cited. Id., 705. Subdiv. (3) cited. Id. Subdiv. (2) cited. 24 CA 264. Subdiv. (1) cited. Id., 563; Id., 624. Subdiv. (2) cited. Id., 685; 25 CA 104. Subdiv. (1) cited. Id., 275. Subdiv. (2) cited. Id., 565; 26 CA 114; Id., 145; Id., 242. Subdiv. (3) cited. 27 CA 73. Cited. Id., 322. Subdiv. (2) cited. 28 CA 290; Id., 645; 29 CA 262; 30 CA 95; judgment reversed, see 228 C. 147. Subdiv. (3) cited. 31 CA 58. Subdiv. (1) cited. Id., 140. Subdiv. (5) cited. Id., 448. Subdiv. (3) cited. 33 CA 647. Subdiv. (1) cited. 34 CA 691. Subdiv. (2) cited. 36 CA 641. Cited. Id., 805. Subdiv. (3) cited. 37 CA 437. Subdiv. (2) cited. 38 CA 247; Id., 777; Id., 868. Subdiv. (1) cited. 39 CA 789. Subdiv. (2) cited. 40 CA 757; 41 CA 47. Subdiv. (3) cited. Id., 333. Subdiv. (2) cited. Id., 515; Id., 565. Cited. 43 CA 205. Subdiv. (2) cited. Id.; Id., 252; 44 CA 125; Id., 307. Cited. 45 CA 591. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (2) cited. 46 CA 24. Defendant's rights under double jeopardy clause of fifth amendment to U.S. constitution were violated by his conviction of two counts of assault in the second degree resulting from conduct against one victim that was nonsexual, continuous, uninterrupted and close in time. 92 CA 586.

      Subdiv. (2) cited. 39 CS 494. It is possible to prove assault in the second degree without necessarily proving risk of injury pursuant to Sec. 53-21(a), so assault in the second degree and risk of injury do not stand in relationship to each other as greater and lesser offenses. 48 CS 610.

      Sec. 53a-60a. Assault in the second degree with a firearm: Class D felony: One year not suspendable. (a) A person is guilty of assault in the second degree with a firearm when he commits assault in the second degree as provided in section 53a-60, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be found guilty of assault in the second degree and assault in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

      (b) Assault in the second degree with a firearm is a class D felony for which one year of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 75-380, S. 5.)

      Cited. 2 CA 617. Cited. 5 CA 590. Cited. 9 CA 648. Cited. 23 CA 502. Cited. 45 CA 591.

      Subsec. (a):

      Cited. 198 C. 424. Cited. 200 C. 642. Cited. 201 C. 368. Cited. 216 C. 282.

      Subsec. (b):

      Cited. 207 C. 412.

      Sec. 53a-60b. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree: Class D felony: Two years not suspendable. (a) A person is guilty of assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree when such person commits assault in the second degree under section 53a-60 or larceny in the second degree under section 53a-123(a)(3) and (1) the victim of such assault or larceny has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault or larceny is a person with mental retardation, as defined in section 1-1g, and the actor is not a person with mental retardation.

      (b) No person shall be found guilty of assault in the second degree or larceny in the second degree under section 53a-123(a)(3) and assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree upon the same incident of assault or larceny, as the case may be, but such person may be charged and prosecuted for all such offenses upon the same information.

      (c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

      (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree is a class D felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 77-422, S. 2; P.A. 80-442, S. 18, 28; P.A. 92-260, S. 29; P.A. 99-122, S. 2; 99-186, S. 15; P.A. 01-84, S. 6, 26.)

      History: P.A. 80-442 amended Subsec. (c) to require that two years of sentence imposed must be served, effective July 1, 1981; P.A. 92-260 made a technical change in Subsec. (a); P.A. 99-122 changed the name of the offense from "assault of a victim sixty or older in the second degree" to "assault of an elderly, blind, disabled or mentally retarded person in the second degree", where appearing, added Subsec. (a)(2) to include within the offense an assault where the victim is a person with mental retardation and the actor is not a person with mental retardation, and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being a person with mental retardation that the actor did not know the victim was a person with mental retardation, relettering former Subsec. (c) as Subsec. (d); P.A. 99-186 changed the name of the offense from "assault of a victim sixty or older in the second degree" to "assault of an elderly, blind, disabled or pregnant person in the second degree" where appearing, amended Subsec. (a) to include within the offense an assault where the victim is pregnant and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being pregnant that the actor did not know the victim was pregnant, relettering former Subsec. (c) as Subsec. (d); P.A. 01-84 amended Subsec. (a)(2) to add "or larceny", effective July 1, 2001; (Revisor's note: In 2005, the Revisors recodified Subsec. (c) to reflect the separate affirmative defenses established by P.A. 99-122 and P.A. 99-186).

      See Secs. 53a-321 to 53a-323, inclusive, re abuse of elderly, blind, disabled or mentally retarded person.

      Cited. 180 C. 557. Cited. 199 C. 146. Cited. 223 C. 243. Cited. 230 C. 400.

      Cited. 5 CA 594. Cited. 13 CA 133; Id., 420. Cited. 33 CA 616.

      Subsec. (a):

      Cited. 44 CA 307.

      Subsec. (b):

      Cited. 216 C. 282.

      Subsec. (c):

      Cited. 207 C. 412.

      Sec. 53a-60c. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree with a firearm: Class D felony: Three years not suspendable. (a) A person is guilty of assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree with a firearm when such person commits assault in the second degree with a firearm under section 53a-60a and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, and the actor is not a person with mental retardation.

      (b) No person shall be found guilty of assault in the second degree or assault in the second degree with a firearm and assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree with a firearm upon the same incident of assault but such person may be charged and prosecuted for all of such offenses upon the same information.

      (c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

      (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the second degree with a firearm is a class D felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which three years of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 77-422, S. 3; P.A. 80-442, S. 19, 28; P.A. 99-122, S. 3; 99-186, S. 16.)

      History: P.A. 80-442 amended Subsec. (c) to specify that three years of sentence imposed shall not be suspended or reduced, effective July 1, 1981; P.A. 99-122 changed the name of the offense from "assault of a victim sixty or older in the second degree with a firearm" to "assault of an elderly, blind, disabled or mentally retarded person in the second degree with a firearm", where appearing, added Subsec. (a)(2) to include within the offense an assault where the victim is a person with mental retardation and the actor is not a person with mental retardation, and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being a person with mental retardation that the actor did not know the victim was a person with mental retardation, relettering former Subsec. (c) as Subsec. (d); P.A. 99-186 changed the name of the offense from "assault of a victim sixty or older in the second degree with a firearm" to "assault of an elderly, blind, disabled or pregnant person in the second degree with a firearm" where appearing, amended Subsec. (a) to include within the offense an assault where the victim is pregnant and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being pregnant that the actor did not know the victim was pregnant, relettering former Subsec. (c) as Subsec. (d); (Revisor's note: In 2005, the Revisors recodified Subsec. (c) to reflect the separate affirmative defenses established by P.A. 99-122 and P.A. 99-186).

      Cited. 180 C. 557.

      Cited. 5 CA 590.

      Subsec. (b):

      Cited. 216 C. 282.

      Sec. 53a-60d. Assault in the second degree with a motor vehicle: Class D felony. (a) A person is guilty of assault in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug.

      (b) Assault in the second degree with a motor vehicle is a class D felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

      (P.A. 82-403, S. 2; P.A. 83-534, S. 9; P.A. 85-147, S. 2; P.A. 08-150, S. 60.)

      History: P.A. 83-534 amended Subsec. (b) to require the court to suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty for one year; P.A. 85-147 deleted "while intoxicated" from the title of the offense and a provision that defined "intoxication" to include intoxication by alcohol or by drug or both, and replaced elements of offense of "when, in consequence of his intoxication while operating a motor vehicle, he causes serious physical injury to another person" with "when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug"; P.A. 08-150 amended Subsec. (b) to require court to order a person found guilty not to operate any motor vehicle that is not equipped with an approved ignition interlock device for a period of two years after restoration of such person's operator's license or nonresident operating privilege.

      See Sec. 14-111g re motor vehicle operator's retraining program.

      Cited. 219 C. 752. Cited. 222 C. 672. Cited. 224 C. 730. Cited. 226 C. 191. Cited. 230 C. 572. Nothing said in General Assembly proceeding concerning an amendment to this section to remedy an unrelated aspect changed the rule of law; judgment of appellate court in State v. Leroy, 33 CA 232, reversed. 232 C. 1.

      Cited. 5 CA 590. Cited. 9 CA 686. Cited. 16 CA 472. Cited. 21 CA 138. Cited. 22 CA 142. Cited. 23 CA 215; Id., 720. Cited. 25 CA 282. Cited. 26 CA 805. Cited. 32 CA 553. Cited. 33 CA 232; judgment reversed, see 232 C. 1. Cited. 34 CA 557; Id., 655. Cited. 36 CA 710. Cited. 38 CA 282. Cited. 40 CA 359. Nothing in Sec. 14-227a prohibits evidence of consciousness of guilt based on defendant's refusal to take a breath test being considered in a prosecution under this section. 63 CA 433.

      Sec. 53a-61. Assault in the third degree: Class A misdemeanor. (a) A person is guilty of assault in the third degree when: (1) With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or (2) he recklessly causes serious physical injury to another person; or (3) with criminal negligence, he causes physical injury to another person by means of a deadly weapon, a dangerous instrument or an electronic defense weapon.

      (b) Assault in the third degree is a class A misdemeanor and any person found guilty under subdivision (3) of subsection (a) of this section shall be sentenced to a term of imprisonment of one year which may not be suspended or reduced.

      (1969, P.A. 828, S. 62; P.A. 86-287, S. 3; P.A. 92-260, S. 30.)

      History: P.A. 86-287 amended Subsec. (a) to add reference to electronic defense weapons; P.A. 92-260 amended Subsec. (b) by adding provision re one-year mandatory nonsuspendable sentence for conviction under Subsec. (a)(3) to reflect preexisting sentencing requirement of Sec. 53a-36(1).

      See Sec. 53a-36 re mandatory nonsuspendable sentence for conviction under Subdiv. (3) of Subsec. (a).

      Cited. 170 C. 162. Cited. 171 C. 264. Cited. 173 C. 254. Cited. 184 C. 157. Cited. 189 C. 1. Cited. 190 C. 428. Cited. 194 C. 347; Id., 408. Cited. 196 C. 430. Cited. 198 C. 190. Cited. 200 C. 544. Cited. 202 C. 520; Id., 629. Cited. 205 C. 352. Cited. 209 C. 23; Id., 52. Cited. 222 C. 299; Id., 331. Cited. 227 C. 677. Cited. 228 C. 487; Id., 582. Cited. 233 C. 813. Cited. 234 C. 78.

      Cited. 1 CA 697. Cited. 5 CA 590. Cited. 6 CA 189. Cited. 8 CA 545. Cited. 9 CA 59; Id., 631; judgment reversed, see 205 C. 352. Cited. 11 CA 499. Cited. 12 CA 221; Id., 585. Cited. 13 CA 708. Cited. 14 CA 526. Cited. 17 CA 234. Cited. 20 CA 6; Id., 75. Cited. 21 CA 411. Cited. 24 CA 57; Id., 556. Cited. 25 CA 421; judgment reversed, see 222 C. 299; Id., 472. Cited. 26 CA 157; Id., 439. Cited. 27 CA 786. Cited. 28 CA 581; judgment reversed, see 226 C. 601. Cited. 29 CA 524; Id., 683. Cited. 30 CA 346. Cited. 31 CA 497. Cited. 35 CA 107. Cited. 36 CA 106; judgment reversed, see 234 C. 78. Cited. 37 CA 338; Id., 733. Cited. 39 CA 810. Cited. 40 CA 805. Cited. 41 CA 47. Cited. 42 CA 810. Cited. 43 CA 76. Cited. 45 CA 282. Cited. 46 CA 131.

      Cited. 37 CS 664. Cited. 39 CS 347. Cited. 41 CS 505.

      Subsec. (a):

      Subdiv. (1) cited. 177 C. 248; 180 C. 167. Subdiv. (3) cited. Id., 557. Subdiv. (2) cited. 182 C. 353. Subdiv. (1) cited. 184 C. 366. Subdiv. (3) cited. 185 C. 63. Subdiv. (1) cited. 189 C. 114; 193 C. 48. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (1) cited. 194 C. 119. Subdiv. (2) cited. Id. Cited. 195 C. 232. Cited. 197 C. 115. Subdiv. (1) cited. 198 C. 147; 206 C. 40. Subdiv. (2) cited. Id., 657. Subdiv. (1) cited. 210 C. 110; 211 C. 672; 219 C. 160; 220 C. 487; Subdiv. (2) cited. 222 C. 444. Subdiv. (3) cited. 223 C. 41. Subdiv. (1) cited. 224 C. 397; 225 C. 519. Judgment of appellate court in State v. Tanzella, 28 CA 581, reversed. 226 C. 601. Cited. Id. Subdiv. (1) cited. 228 C. 610.

      Subdiv. (1) cited. 3 CA 374. Cited. 5 CA 40. Subdiv. (1) cited. 6 CA 407; 7 CA 27; Id., 257; 10 CA 330. Cited. Id., 709. Subdiv. (1) cited. 11 CA 102; 12 CA 655; 13 CA 386; Id., 667; 19 CA 554; 20 CA 101; 23 CA 663; 24 CA 518; 26 CA 114; Id., 259. Subdiv. (2) cited. Id., 331; 27 CA 322. Cited. Id., 322. Subdiv. (2) cited. 29 CA 704. Subdiv. (1) cited. 33 CA 126. Subdiv. (2) cited. 35 CA 51. Subdiv. (1) cited. 38 CA 193; 39 CA 419; Id., 832; 41 CA 565; 42 CA 445; Id., 768. Cited. 45 CA 591. Subdiv. (3) cited. Id. This is not a cognizable offense and therefore not a lesser included offense of attempted assault in the first degree. 56 CA 592.

      Subdiv. (1) cited. 37 CS 520. Elements of Sec. 53a-64 are so consistent with elements of Subdiv. (2) that the court is precluded by principles of double jeopardy from entering a finding of guilty as to both charges. 46 CS 130. Subdiv. (2): Defendant's recklessly placing his hands around victim's throat and causing her to lose consciousness for a brief period of time constituted "serious physical injury". Id. It is possible to prove assault in the third degree without necessarily proving risk of injury pursuant to Sec. 53-21(a), so assault in the third degree and risk of injury do not stand in relationship to each other as greater and lesser offenses. 48 CS 610.

      Sec. 53a-61a. Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the third degree: Class A misdemeanor: One year not suspendable. (a) A person is guilty of assault of an elderly, blind, disabled, pregnant or mentally retarded person in the third degree when such person commits assault in the third degree under section 53a-61 and (1) the victim of such assault has attained at least sixty years of age, is blind or physically disabled, as defined in section 1-1f, or is pregnant, or (2) the victim of such assault is a person with mental retardation, as defined in section 1-1g, and the actor is not a person with mental retardation.

      (b) No person shall be found guilty of assault in the third degree and assault of an elderly, blind, disabled, pregnant or mentally retarded person in the third degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.

      (c) In any prosecution for an offense under this section based on the victim being pregnant it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was pregnant. In any prosecution for an offense under this section based on the victim being a person with mental retardation, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know the victim was a person with mental retardation.

      (d) Assault of an elderly, blind, disabled, pregnant or mentally retarded person in the third degree is a class A misdemeanor and any person found guilty under this section shall be sentenced to a term of imprisonment of one year which shall not be suspended or reduced.

      (P.A. 77-422, S. 4; P.A. 92-260, S. 31; P.A. 99-122, S. 4; 99-186, S. 17.)

      History: P.A. 92-260 amended Subsec. (c) by adding provision re one-year mandatory nonsuspendable sentence to reflect preexisting sentencing requirement of Sec. 53a-36(1); P.A. 99-122 changed the name of the offense from "assault of a victim sixty or older in the third degree" to "assault of an elderly, blind, disabled or mentally retarded person in the third degree", where appearing, added Subsec. (a)(2) to include within the offense an assault where the victim is a person with mental retardation and the actor is not a person with mental retardation, and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being a person with mental retardation that the actor did not know the victim was a person with mental retardation, relettering former Subsec. (c) as Subsec. (d); P.A. 99-186 changed the name of the offense from "assault of a victim sixty or older in the third degree" to "assault of an elderly, blind, disabled or pregnant person in the third degree" where appearing, amended Subsec. (a) to include within the offense an assault where the victim is pregnant and added new Subsec. (c) to establish an affirmative defense in a prosecution based on the victim being pregnant that the actor did not know the victim was pregnant, relettering former Subsec. (c) as Subsec. (d); (Revisor's note: In 2005, the Revisors recodified Subsec. (c) to reflect the separate affirmative defenses established by P.A. 99-122 and P.A. 99-186).

      See Sec. 53a-36 re mandatory nonsuspendable sentence.

      See Secs. 53a-321 to 53a-323, inclusive, re abuse of elderly, blind, disabled or mentally retarded person.

      Court, in sentencing a defendant convicted under this section, must impose a one-year mandatory nonsuspendable term of imprisonment and does not have option of imposing a fine or a sentence of unconditional discharge. 180 C. 557.

      Cited. 5 CA 590. Cited. 13 CA 420. Cited. 16 CA 318. Cited. 21 CA 248. Cited. 29 CA 524. Cited. 31 CA 312. Cited. 32 CA 178.

      Subsec. (a):

      Cited. 12 CA 239.

      Subsec. (b):

      Cited. 216 C. 282.

      Secs. 53a-61b to 53a-61z. Reserved for future use.

      Sec. 53a-61aa. Threatening in the first degree: Class D felony. (a) A person is guilty of threatening in the first degree when such person (1) (A) threatens to commit any crime involving the use of a hazardous substance with the intent to terrorize another person, to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (B) threatens to commit such crime in reckless disregard of the risk of causing such terror, evacuation or inconvenience, or (2) (A) threatens to commit any crime of violence with the intent to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (B) threatens to commit such crime in reckless disregard of the risk of causing such evacuation or inconvenience.

      (b) For the purposes of this section, "hazardous substance" means any physical, chemical, biological or radiological substance or matter which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health.

      (c) Threatening in the first degree is a class D felony.

      (Nov. 15 Sp. Sess. P.A. 01-2, S. 7, 9; P.A. 02-97, S. 15; P.A. 03-22, S. 1.)

      History: Nov. 15 Sp. Sess. P.A. 01-2 effective January 1, 2002; P.A. 02-97 amended Subsec. (a) to delete in Subdivs. (1) and (2) provisions re threatening to commit a crime of violence; P.A. 03-22 amended Subsec. (a) by designating existing elements of crime as Subdiv. (1), redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B), respectively, and adding new Subdiv. (2) to restore provisions re threatening to commit a crime of violence with the intent to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience and threatening to commit such crime in reckless disregard of the risk of causing such evacuation or inconvenience.

      Sec. 53a-62. Threatening in the second degree: Class A misdemeanor. (a) A person is guilty of threatening in the second degree when: (1) By physical threat, such person intentionally places or attempts to place another person in fear of imminent serious physical injury, (2) such person threatens to commit any crime of violence with the intent to terrorize another person, or (3) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror.

      (b) Threatening in the second degree is a class A misdemeanor.

      (1969, P.A. 828, S. 63; Nov. 15 Sp. Sess. P.A. 01-2, S. 8, 9; P.A. 02-97, S. 16.)

      History: Nov. 15 Sp. Sess. P.A. 01-2 renamed offense by replacing "threatening" with "threatening in the second degree" where appearing and amended Subsec. (a) to make technical changes, delete Subdiv. (2) re threatening to commit a crime of violence with the intent to terrorize another, to cause evacuation of a building, place of assembly or facility of public transportation, or otherwise to cause serious public inconvenience and delete Subdiv. (3) re threatening to commit such crime in reckless disregard of the risk of causing such terror or inconvenience, said provisions being reenacted as part of Sec. 53a-61aa by same act, effective January 1, 2002; P.A. 02-97 amended Subsec. (a) to designate existing provision re a person, by physical threat, intentionally placing or attempting to place another person in fear of imminent serious physical injury as Subdiv. (1), add Subdiv. (2) re threatening to commit any crime of violence with the intent to terrorize another person and add Subdiv. (3) re threatening to commit such crime of violence in reckless disregard of the risk of causing such terror.

      Cited. 175 C. 204. Cited. 182 C. 585; part of ruling in State v. Jacobowitz, in which court had ruled that a defendant was entitled on remand to a direction of acquittal with respect to a count improperly added to other charges of which the defendant had had proper notice overruled, see 224 C. 1. Cited. 193 C. 602. Cited. 195 C. 636. Cited. 201 C. 115. Cited. 202 C. 343. Cited. 205 C. 262. Cited. 207 C. 565. Cited. 208 C. 689. Cited. 209 C. 34; Id., 52. Cited. 222 C. 331. Cited. 224 C. 494. Cited. 227 C. 829. Cited. 241 C. 413. Cited. 242 C. 648.

      Cited. 2 CA 617. Cited. 3 CA 289. Cited. 8 CA 190; Id., 496. Cited. 9 CA 161. Cited. 14 CA 6; Id., 526. Cited. 25 CA 149; Id., 334. Cited. 26 CA 481; judgment reversed, see 224 C. 494. Cited. 28 CA 581; judgment reversed, see 226 C. 601; Id., 708. Cited. 31 CA 497. Cited. 33 CA 103. Cited. 40 CA 805. Cited. 41 CA 47. Words of defendant's threat to young victim, along with surrounding circumstances of the threat, were such that it was reasonable for jury to infer that defendant had placed the victim in fear of "imminent" serious physical injury. 75 CA 103. Evidence was sufficient to sustain conviction. 83 CA 489.

      Cited. 37 CS 664. Cited. 42 CS 574. Cited. 43 CS 46.

      Subsec. (a):

      Subdiv. (1) cited. 169 C. 566; 197 C. 485; 201 C. 462. Cited. 226 C. 601. Judgment of appellate court in State v. Tanzella, 28 CA 581, reversed. Id. Subdiv. (1) cited. 227 C. 153; 228 C. 147; 232 C. 707; 233 C. 403.

      Subdiv. (2): Harassment and threatening are separate and distinct crimes and in this case harassment is not a lesser included offense of threatening. 1 CA 647. Subdiv. (1) cited. 11 CA 80; 13 CA 386; Id., 438; 18 CA 643; 30 CA 95; judgment reversed, see 228 C. 147; 33 CA 184; judgment reversed, see 232 C. 707; 35 CA 262; 37 CA 276; Id., 733; 38 CA 306. Subdiv. (2) cited. Id. Subdiv. (1) cited. Id., 777; 39 CA 617; 40 CA 515; 41 CA 584. Subdiv. (2) cited. Id., 701. Subdiv. (2) was not unconstitutionally vague on its face. Statute's application to defendant's conduct was proper and did not interfere with his duty to protect his child and statute was not vague as applied to facts of case. 81 CA 248. There is no indication that legislature did not intend to create separate crimes prohibited by Secs. 53a-181 (a)(3) and Subdiv. (2). Id.

      Sec. 53a-63. Reckless endangerment in the first degree: Class A misdemeanor. (a) A person is guilty of reckless endangerment in the first degree when, with extreme indifference to human life, he recklessly engages in conduct which creates a risk of serious physical injury to another person.

      (b) Reckless endangerment in the first degree is a class A misdemeanor.

      (1969, P.A. 828, S. 64.)

      Cited. 179 C. 617. Cited. 194 C. 408. Cited. 200 C. 607. Cited. 226 C. 497. Cited. 233 C. 502. Cited. 238 C. 313. Cited. 241 C. 413. Cited. 242 C. 648.

      Cited. 2 CA 617. Cited. 3 CA 163. Cited. 8 CA 496; Id., 631. Cited. 32 CA 84. Cited. 33 CA 103; Id., 743; judgment reversed, see 233 C. 502. Cited. 41 CA 47. Cited. 43 CA 578. Cited. 44 CA 6. Under this section, jury has to consider objectively the nature and degree of the risk and defendant's subjective awareness of that risk. 75 CA 432.

      Cited. 39 CS 347; Id., 359. Cited. 42 CS 574.

      Subsec. (a):

      Cited. 227 C. 301. Cited. 237 C. 348.

      Cited. 3 CA 289. Cited. 8 CA 153. Cited. 10 CA 659. Cited. 18 CA 477. Cited. 24 CA 330. Cited. 26 CA 145. Cited. 40 CA 515; Id., 643. Cited. 42 CA 768. Cited. 45 CA 369.

      Sec. 53a-64. Reckless endangerment in the second degree: Class B misdemeanor. (a) A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a risk of physical injury to another person.

      (b) Reckless endangerment in the second degree is a class B misdemeanor.

      (1969, P.A. 828, S. 65.)

      Cited. 194 C. 408.

      Cited. 8 CA 342. Cited. 14 CA 6; Id., 10; Id., 804. Cited. 23 CA 123. Cited. 31 CA 497.

      Cited. 35 CS 570. Cited. 37 CS 661. Cited. 38 CS 619. Cited. 40 CA 643. Defendant's recklessly placing his hands around victim's throat and causing her to lose consciousness for a brief period of time constituted "serious physical injury" in violation of the statute. 46 CS 130.

      Subsec. (a):

      Cited. 223 C. 618.

      Cited. 3 CA 166. Cited. 24 CA 662; judgment reversed, see 223 C. 618.

      Secs. 53a-64a to 53a-64z. Reserved for future use.

      Sec. 53a-64aa. Strangulation in the first degree: Class C felony. (a) A person is guilty of strangulation in the first degree when such person commits strangulation in the second degree as provided in section 53a-64bb and (1) in the commission of such offense, such person (A) uses or attempts to use a dangerous instrument, or (B) causes serious physical injury to such other person, or (2) such person has previously been convicted of a violation of this section or section 53a-64bb.

      (b) No person shall be found guilty of strangulation in the first degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, "unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault" means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

      (c) Strangulation in the first degree is a class C felony.

      (P.A. 07-123, S. 8.)

      Sec. 53a-64bb. Strangulation in the second degree: Class D felony. (a) A person is guilty of strangulation in the second degree when such person restrains another person by the neck or throat with the intent to impede the ability of such other person to breathe or restrict blood circulation of such other person and such person impedes the ability of such other person to breathe or restricts blood circulation of such other person.

      (b) No person shall be found guilty of strangulation in the second degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, "unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault" means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

      (c) Strangulation in the second degree is a class D felony.

      (P.A. 07-123, S. 9.)

      Sec. 53a-64cc. Strangulation in the third degree: Class A misdemeanor. (a) A person is guilty of strangulation in the third degree when such person recklessly restrains another person by the neck or throat and impedes the ability of such other person to breathe or restricts blood circulation of such other person.

      (b) No person shall be found guilty of strangulation in the third degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, "unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault" means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

      (c) Strangulation in the third degree is a class A misdemeanor.

      (P.A. 07-123, S. 10.)

PART VI*
SEX OFFENSES

      Sec. 53a-65. Definitions. As used in this part, except section 53a-70b, the following terms have the following meanings:

      (1) "Actor" means a person accused of sexual assault.

      (2) "Sexual intercourse" means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex. Its meaning is limited to persons not married to each other. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the victim's body.

      (3) "Sexual contact" means any contact with the intimate parts of a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person or any contact of the intimate parts of the actor with a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person.

      (4) "Mentally defective" means that a person suffers from a mental disease or defect which renders such person incapable of appraising the nature of such person's conduct.

      (5) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling such person's conduct owing to the influence of a drug or intoxicating substance administered to such person without such person's consent, or owing to any other act committed upon such person without such person's consent.

      (6) "Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

      (7) "Use of force" means: (A) Use of a dangerous instrument; or (B) use of actual physical force or violence or superior physical strength against the victim.

      (8) "Intimate parts" means the genital area or any substance emitted therefrom, groin, anus or any substance emitted therefrom, inner thighs, buttocks or breasts.

      (9) "Psychotherapist" means a physician, psychologist, nurse, substance abuse counselor, social worker, clergyman, marital and family therapist, mental health service provider, hypnotist or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

      (10) "Psychotherapy" means the professional treatment, assessment or counseling of a mental or emotional illness, symptom or condition.

      (11) "Emotionally dependent" means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows or has reason to know that the patient or former patient is unable to withhold consent to sexual contact by or sexual intercourse with the psychotherapist.

      (12) "Therapeutic deception" means a representation by a psychotherapist that sexual contact by or sexual intercourse with the psychotherapist is consistent with or part of the patient's treatment.

      (13) "School employee" means a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary or secondary school or working in a public or private elementary or secondary school.

      (1969, P.A. 828, S. 66; P.A. 75-619, S. 1; P.A. 81-27, S. 2; P.A. 85-341, S. 1; P.A. 87-259; P.A. 92-260, S. 32; P.A. 93-340, S. 1; P.A. 94-221, S. 17; P.A. 06-11, S. 1; 06-107, S. 1; 06-187, S. 45.)

      History: P.A. 75-619 deleted definitions of "deviate sexual intercourse", "female" and "forcible compulsion", added definitions of "actor", "use of force" and "intimate parts", redefined "sexual intercourse" in detail where previously defined as having "its ordinary meaning" and made minor changes in wording of remaining definitions; P.A. 81-27 exempted section 53a-70b from applicability of definitions in this section; P.A. 85-341 amended definition of sexual contact to include "contact of the intimate parts of the actor with a person not married to the actor for the purpose of sexual gratification of the actor"; P.A. 87-259 amended definition of sexual contact to include contact made for the purpose of degrading or humiliating the victim; P.A. 92-260 made a technical change in the definition of sexual intercourse by repositioning language; P.A. 93-340 added definitions of "psychotherapist", "psychotherapy", "emotionally dependent" and "therapeutic deception"; P.A. 94-221 added the definition of "school employee"; P.A. 06-11 redefined "intimate parts" to include any substance emitted from the genital area or anus; P.A. 06-107 and P.A. 06-187 both redefined "psychotherapist" to include a hypnotist.

      Cited. 170 C. 111. Statute includes definition of sexual intercourse and provides that "penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio ...". It specifically omits cunnilingus, therefore penetration is not an essential element of the crime where cunnilingus is charged. 186 C. 757. Cited. 187 C. 216. Cited. 191 C. 453. Cited. 192 C. 154. Cited. 198 C. 190. Cited. 210 C. 110.

      Cited. 3 CA 374. Cited. 11 CA 102; Id., 316. Cited. 33 CA 133. Cited. 35 CA 173. Smacking victim's buttocks considered to be sexual contact. 59 CA 538.

      Former section 53-216 cited. 5 Conn. Cir. Ct. 44, 45.

      Subdiv. (2):

      Court properly defined the term "cunnilingus" since statute contained no specific definitions. Penetration is not an essential element of the crime where cunnilingus is charged. 186 C. 757. Cited. 194 C. 258. Cited. 198 C. 285; Id., 617. Cited. 201 C. 211. Cited. 202 C. 509. Cited. 207 C. 646. Cited. 209 C. 733. Cited. 211 C. 18. Cited. 224 C. 397. Cited. 226 C. 618. Penetration of the labia majora constitutes vaginal penetration. 252 C. 795. Penetration element of statute applicable to first degree sexual assault by fellatio not satisfied when alleged victim is compelled to lick perpetrator's penis without necessarily also being compelled to insert penis into the mouth. 256 C. 517.

      Cited. 7 CA 489; Id., 701. Cited. 14 CA 451. Cited. 23 CA 712. Cited. 26 CA 395; Id., 625; judgment reversed, see 224 C. 656; judgment reversed, see 31 CA 452; judgment reversed see 224 C. 656. Withdrawal of consent communicated to the other person followed by a compelling use of force to continue sexual intercourse would constitute sexual assault. 35 CA 173. Cited. 38 CA 56. Cited. 41 CA 139; Id., 287. Cited. 43 CA 785. Applies least penetration doctrine. 50 CA 715.

      Subdiv. (3):

      Cited. 191 C. 604. Cited. 199 C. 121. Cited. 205 C. 386. Cited. 224 C. 397; Id., 656; judgment reversed, see 31 CA 452.

      Cited. 1 CA 724. Cited. 8 CA 607. Cited. 15 CA 251. Cited. 20 CA 694. Cited. 25 CA 653; judgment reversed, see 223 C. 52. Cited. 26 CA 395; Id., 625; judgment reversed, see 224 C. 656; judgment reversed, see 31 CA 452; judgment reversed, see 224 C. 656. Cited. 28 CA 402. Cited. 30 CA 281. Cited. 31 CA 452.

      Subdiv. (6):

      Cited. 198 C. 53. Cited. 205 C. 386.

      Subdiv. (7):

      Subpara. (B) cited. 189 C. 611; 202 C. 509; 205 C. 386. Cited. 228 C. 552.

      Cited. 7 CA 489. Cited. 14 CA 40; Id., 451. Cited. 16 CA 75. Subpara. (B) cited. 18 CA 694. Cited. 21 CA 411. Cited. 30 CA 281.

      Subdiv. (8):

      Cited. 191 C. 604. Cited. 207 C. 456.

      Cited. 20 CA 694. Cited. 25 CA 653; judgment reversed, see 223 C. 52. Cited. 26 CA 395; Id., 625; judgment reversed, see 224 C. 656. Cited. 28 CA 402.

      Sec. 53a-66. Lack of consent. Section 53a-66 is repealed.

      (1969, P.A. 828, S. 67; P.A. 75-619, S. 7.)

      Sec. 53a-67. Affirmative defenses. (a) In any prosecution for an offense under this part based on the victim's being mentally defective, mentally incapacitated or physically helpless, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know of such condition of the victim.

      (b) In any prosecution for an offense under this part, except an offense under section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, it shall be an affirmative defense that the defendant and the alleged victim were, at the time of the alleged offense, living together by mutual consent in a relationship of cohabitation, regardless of the legal status of their relationship.

      (1969, P.A. 828, S. 68; P.A. 75-619, S. 2; P.A. 81-27, S. 3; P.A. 90-162.)

      History: P.A. 75-619 deleted former Subsec. (b) which had allowed as affirmative defense the actor's belief that alleged victim was above the specified age in cases where age is an element of offense unless victim is under 14, relettering Subsec. (c) accordingly; P.A. 81-27 amended Subsec. (b) to exempt prosecutions for an offense under Sec. 53a-70b; P.A. 90-162 amended Subsec. (b) to exempt prosecutions for an offense under Sec. 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b.

      Cited. 192 C. 154. Cited. 198 C. 190. Cited. 202 C. 86.

      Cited. 3 CA 374.

      Subsec. (b):

      Discussion of "cohabitation" and burden of producing evidence thereof for entitlement to a charge on the affirmative defense under statute. 181 C. 426. Cited. 209 C. 733. Cited. 233 C. 813.

      Cited. 1 CA 724. Cited. 10 CA 709. Cited. 11 CA 102. Sec. 53a-67(c) (Revised to 1972) cited. Id. Cited. 25 CA 384. Cited. 28 CA 581; judgment reversed, see 226 C. 601. Cited. 41 CA 604.

      Secs. 53a-68 and 53a-69. Corroboration; exceptions. Time limitation for complaint. Sections 53a-68 and 53a-69 are repealed.

      (1969, P.A. 828, S. 69, 70; P.A. 74-131; P.A. 76-216; P.A. 87-223.)

      Sec. 53a-70. Sexual assault in the first degree: Class B or A felony. (a) A person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by the use of force against such other person or a third person, or by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (2) engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or more other persons actually present, or (4) engages in sexual intercourse with another person and such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.

      (b) (1) Except as provided in subdivision (2) of this subsection, sexual assault in the first degree is a class B felony for which two years of the sentence imposed may not be suspended or reduced by the court or, if the victim of the offense is under ten years of age, for which ten years of the sentence imposed may not be suspended or reduced by the court.

      (2) Sexual assault in the first degree is a class A felony if the offense is a violation of subdivision (1) of subsection (a) of this section and the victim of the offense is under sixteen years of age or the offense is a violation of subdivision (2) of subsection (a) of this section. Any person found guilty under said subdivision (1) or (2) shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age or of which five years of the sentence imposed may not be suspended or reduced by the court if the victim is under sixteen years of age.

      (3) Any person found guilty under this section shall be sentenced to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of at least ten years.

      (1969, P.A. 828, S. 71; 1971, P.A. 871, S. 19; 1972, P.A. 127, S. 78; P.A. 75-619, S. 3; P.A. 82-428, S. 2; P.A. 89-359; P.A. 92-87, S. 3; P.A. 93-340, S. 14; P.A. 95-142, S. 13; June Sp. Sess. P.A. 99-2, S. 49; P.A. 00-161, S. 1; P.A. 02-138, S. 5.)

      History: 1971 act replaced alphabetic Subdiv. indicators in Subsec. (a) with numeric indicators; 1972 act changed applicable age in Subsec. (a)(1) from 21 to 18 reflecting lowered age of majority; P.A. 75-619 reworded section to reflect changes in definitions of Sec. 53a-65, substituted sexual "assault" for sexual "misconduct" and made the offense a Class B rather than Class D felony; P.A. 82-428 amended Subsec. (b) to provide that 1 year of sentence may not be suspended or reduced by the court; P.A. 89-359 added Subsec. (a)(2) re engaging in sexual intercourse with a person under 13 years of age; P.A. 92-87 added Subsec. (a)(3) re committing sexual assault in the second degree while aided by two or more other persons actually present; P.A. 93-340 amended Subsec. (a)(2) to require that the actor be more than 2 years older than the other person; P.A. 95-142 amended Subsec. (b) to provide that 10 years of the sentence imposed may not be suspended or reduced by the court if the victim is under 10 years of age; June Sp. Sess. P.A. 99-2 amended Subsec. (b) to increase from 1 year to 2 years the nonsuspendable portion of the sentence imposed when the victim is other than a victim under 10 years of age and to add requirement that any person found guilty be sentenced to a term of imprisonment and a period of special parole pursuant to Sec. 53a-28(b) which together constitute a sentence of at least 10 years; P.A. 00-161 added Subsec. (a)(4) re engaging in sexual intercourse with a person who is mentally incapacitated, which conduct was formerly classified as sexual assault in the second degree under Sec. 53a-71(a)(2) but was deleted from said section by same public act; P.A. 02-138 amended Subsec. (b) by designating existing provision re classification of offense and length of nonsuspendable sentence as Subdiv. (1) and amending said Subdiv. to add exception re Subdiv. (2), adding new Subdiv. (2) to classify the offense as a class A felony for a violation of Subsec. (a)(1) when the victim is under 16 years of age and for a violation of Subsec. (a)(2) and establish a nonsuspendable sentence for said violations of 10 years if the victim is under 10 years of age and 5 years if the victim is under 16 years of age and designating existing provisions re minimum length of a combined sentence of imprisonment and special parole as Subdiv. (3).

      See Sec. 53a-40c re sentence of psychological counseling for sexual assault of minor.

      See Sec. 54-86f re admissibility of evidence of prior sexual conduct.

      See Sec. 54-193a re statute of limitations for sexual abuse, exploitation or assault of minor.

      See chapter 968a re address confidentiality program.

      Cited. 175 C. 315; Id., 398. Repealed Sec. 53a-72 cited. 175 C. 512. Cited. 182 C. 412. Cited. 184 C. 258. Cited. 186 C. 45; Id., 449; Id., 521. Cited. 187 C. 216. Cited. 190 C. 20. Cited. 191 C. 604. Cited. 192 C. 154. Cited. 194 C. 114; Id., 297; 692. Cited. 195 C. 253. Cited. 197 C. 280; Id., 298. "Does not include sexual intercourse with a victim whom the assailant finds unconscious" but does not apply when assailant strangled victim into a state of unconsciousness. 198 C. 53. Cited. Id., 190. Cited. 199 C. 121; Id., 193; Id., 281; Id., 481; Id., 693. Cited. 200 C. 465. Cited. 201 C. 115; Id., 659. Cited. 202 C. 343; Id., 676. Cited. 204 C. 98; Id., 441; Id., 571. Cited. 205 C. 61. Cited. 207 C. 646. Cited. 209 C. 733. Cited. 210 C. 110. Section not void for vagueness in context of circumstances of case. Id., 132. Cited. 211 C. 672. Cited 212 C. 31. Cited. 215 C. 257. Judgment of appellate court in State v. Horne, reversed. Id., 538. Cited. 219 C. 489. Cited. 220 C. 112; Id., 345. Cited. 222 C. 556. Cited. 223 C. 180; Id., 731. Cited. 224 C. 397; Id., 656, 663; judgment reversed, see 31 CA 452 et seq. Cited. 226 C. 601; Id., 618. Cited. 227 C. 207; Id., 616; Id., 677. Cited. 228 C. 456. Cited. 230 C. 43. Cited. 235 C. 711. Cited. 238 C. 389. Cited. 240 C. 743. Cited. 242 C. 409; Id., 689. Penetration element of statute applicable to first degree sexual assault by fellatio not satisfied when alleged victim is compelled to lick perpetrator's penis without necessarily also being compelled to insert penis into the mouth. 256 C. 517.

      Cited. 1 CA 344; Id., 378; Id., 724. Cited. 3 CA 148; Id., 374; Id., 650. Cited. 5 CA 424; Id., 556; Id., 586. Cited. 7 CA 257; Id., 701. Cited. 8 CA 44; Id., 190; Id., 216; Id., 345; Id., 399; Id., 528; Id., 620. Cited. 10 CA 457; Id., 520; Id., 709. Court concluded the absence of a marital relationship between defendant and victim is not an essential element. 11 CA 102, 112; Id., 236; Id., 238; Id., 316. Cited. 12 CA 585. Cited. 13 CA 413. Cited. 14 CA 333; Id., 688. Cited. 15 CA 251. Cited. 16 CA 75. Cited. 17 CA 391. Cited. 18 CA 134. Cited. 19 CA 111. Cited. 20 CA 737. Cited. 22 CA 531; Id., 562. Cited. 23 CA 1; Id., 221; Id., 564; judgment reversed in part, see 220 C. 400 et seq. Cited. 24 CA 13; Id., 24; Id., 295. Cited. 25 CA 334; Id., 503; Id., 653; judgment reversed, see 223 C. 52 et seq. Cited. 26 CA 151; Id., 433; Id., 674. Cited. 28 CA 548; Id., 581; judgment reversed, see 226 C. 601 et seq. Cited. 29 CA 642. Cited. 32 CA 773. Cited. 34 CA 276. Cited. 35 CA 173; Id., 754. Cited. 36 CA 177. Cited. 38 CA 56; Id., 777. Cited. 39 CA 267. Cited 40 CA 553. Cited. 41 CA 604. Cited. 43 CA 715. Cited. 44 CA 548. Cited. 46 CA 741. Intent or motive of sexual assault perpetrators, discussed. 47 CA 159. Age of victim not an element of crime for which jury makes a factual determination but a sentencing factor determined by the courts. 74 CA 376. On basis of the evidence, jury could reasonably conclude that defendant intended to force victim to have sexual intercourse with him and intended to compel sexual intercourse by use of force or the threat of use of force. 75 CA 447. Because the necessary elements of this section and Sec. 53-21 are distinct, court's respective findings of not guilty and guilty of these distinct crimes was not legally inconsistent. 78 CA 25. Trial court's finding that the state had proven, by a preponderance of the evidence, that defendant had committed sexual assault in the first degree and thereby violated his probation was not clearly erroneous and was supported by the evidence. 108 CA 250.

      Cited. 41 CS 229. Cited 43 CS 46.

      Subsec. (a):

      Cited. 179 C. 328. Cited. 180 C. 101; Id., 565. Subdiv. (2) cited. 182 C. 449. Cited. 185 C. 163. Subdiv. (2) cited. Id., 402. Cited. 186 C. 757. Cited. 187 C. 681. Subdiv. (2) cited. 188 C. 372. Cited. Id., 565; Id., 574. Subdiv. (2) cited. Id., 697. Cited. 189 C. 106; Id., 611; Id., 631. Subdiv. (2) cited. Id., 631. Cited. 190 C. 104; Id., 327. Subdiv. (2) cited. Id., 440. Cited. Id., 496. Cited. 191 C. 604. Subdiv. (1) cited. 192 C. 166. Cited. 193 C. 457. Cited. 194 C. 258; Id., 594; Id., 692. Cited. 197 C. 50; Id., 485. Cited. 198 C. 53; Id., 190; Id., 285; Id., 314; Id., 405; Id., 430; Id., 598; Id., 617. Cited. 199 C. 62; Id., 399; Id., 481. Cited. 201 C. 559. Cited. 202 C. 259; Id., 509. Cited. 203 C. 385. Cited. 204 C. 714. Cited. 206 C. 39; Id., 132; Id., 437; Id., 528. Cited. 207 C. 646. Cited. 209 C. 143; Id., 416. Cited. 210 C. 51; Id., 110; Id., 315; Id., 359. Cited. 211 C. 18. Cited. 212 C. 31. Cited. 213 C. 593. Cited. 214 C. 38. Subdiv. (2) Cited. Id., 717. Judgment of appellate court in State v. Horne, reversed. 215 C. 538. Cited. 216 C. 563. Cited. 218 C. 447. Cited. 219 C. 269; Id., 283; Id., 489. Cited. 220 C. 400; Id., 487; Id., 698. Cited. 221 C. 264. Cited. 222 C. 87. Cited. 223 C. 52. Subdiv. (1) cited. 225 C. 450. Cited. Id., 519. Cited. 226 C. 601. Subdiv. (1) cited. Id. Subdiv. (2) cited. Id. Cited. Id., 618. Subdiv. (1) cited. Id.; 227 C. 616. Cited. Id. Subdiv. (1) cited. 228 C. 393. Cited. Id., 456. Subdiv. (1) cited. Id. Subdiv. (2) cited. Id. Cited. Id., 552; Id., 582. Subdiv. (1) cited. Id., 756; 229 C. 529; Id., 557. Cited. Id., 580. Subdiv. (1) cited. Id. Cited. 230 C. 43. Subdiv. (1) cited. 231 C. 195; 232 C. 707; 233 C. 403; 235 C. 145. Subdiv. (3) cited. Id., 502. Subdiv. (2) cited. Id., 659. Subdiv. (1) cited. 237 C. 284; Id., 576. Cited. Id., 694. Cited. 241 C. 784. Subdiv. (2) cited. Id., 823. Subdiv. (1) cited. 242 C. 409. Cited. Id., 445. Subdiv. (1) cited. Id., 523. Medical treatment exception to the hearsay rule applies to a child sexual assault victim's statements made to a social worker acting in the chain of medical care if statements were made to obtain medical treatment and were pertinent to the treatment sought. 260 C. 1.

      Cited. 1 CA 344; Id., 724. Cited. 4 CA 514; Id., 672. Cited. 7 CA 149; Id., 489; Id., 653. Cited. 8 CA 35; Id., 148. Cited. Id., 177; Id., 387; Id., 528; Id., 620. Cited. 9 CA 208; Id., 340. Cited. 10 CA 217; Id., 709. Cited. 11 CA 102; Id., 316; Id., 673. Cited. 13 CA 60; Id., 67; Id., 76. Cited. 14 CA 40; Id., 451; Id., 657; Id., 688; Id., 710. Cited. 15 CA 222. Cited. 16 CA 75. Cited. 17 CA 525. Cited. 18 CA 134; Id., 273; Id., 643; Id., 730. Cited. 19 CA 111; judgment reversed, see 215 C. 538 et seq; Id., 618; Id., 631. Cited. 20 CA 101; Id., 193; Id., 737. Cited. 21 CA 411; Id., 467. Cited. 22 CA 329; Id., 477. Cited. 23 CA 564; judgment reversed in part, see 220 C. 400 et seq. Cited. 25 CA 243; Id., 384; Id., 653; judgment reversed, see 223 C. 52 et seq; Id., 725. Subdiv. (2) cited. 26 CA 81. Cited. Id., 395. Subdiv. (1) cited. Id., 433. Cited. Id., 574. Cited. 27 CA 279; Id., 705. Cited. 28 CA 91; Id., 195. Subdiv. (1) cited. Id., 360; judgment reversed, see 229 C. 529 et seq. Cited. Id., 402; Id., 581; judgment reversed, see 226 C. 601 et seq. Cited. 29 CA 409. Subdiv. (2) cited. Id., 724. Cited. 30 CA 56. Subdiv. (1) cited. Id., 281; Id., 523; Id., 915. Subdiv. (1) cited. 32 CA 178. Cited. Id., 217; judgment reversed, see 229 C. 580 et seq. Subdiv. (1) cited. 33 CA 184; judgment reversed, see 232 C. 707 et seq. Cited. Id., 457. Cited. 34 CA 276. Subdiv. (1) cited. 35 CA 173. Subdiv. (2) cited. Id., 728. Cited. 36 CA 177. Subdiv. (1) cited. Id., 190. Cited. Id., 216. Subdiv. (1) cited. Id., 228. Cited. Id., 641. Subdiv. (1) cited. Id., 695. Subdiv. (2) cited. 38 CA 56. Subdiv. (1) cited. Id., 100. Subdiv. (2) cited. Id., 125. Subdiv. (1) cited. Id., 231; Id., 531; Id., 777; 39 CA 45; Id., 617; Id., 742; Id., 832. Subdiv. (1) cited. 40 CA 132. Subdiv. (2) cited. Id., 132; Id., 233. Subdiv. (1) cited. Id., 250; 41 CA 139. Subdiv. (2) cited. Id., 204. Subdiv. (1) cited. Id., 255; Id., 287. Cited. Id., 317. Cited. 42 CA 78. Subdiv. (2) cited. Id., 186; judgment reversed, see 241 C. 823 et seq. Subdiv. (1) cited. Id., 445. Cited. 43 CA 552; Id., 680. Subdiv. (1) cited. Id.; Id., 704; Id., 715. Subdiv. (2) cited. Id., 785; 44 CA 457. Cited. Id., 548. Subdiv. (2) cited. 45 CA 66; Id., 116. Subdiv. (1) cited. Id., 289; Id., 756; 46 CA 810. Conviction of both sexual assault and unlawful restraint is not double jeopardy. 47 CA 117. Trial court did not abuse its discretion in commenting on testimony of state's expert witness concerning inconsistencies in results of victim's rape kit tests, that court having also instructed jury to base findings on recollection of all evidence presented; defendant's challenge to other aspects of instructions on scientific evidence were not properly preserved for appellate review. Trial court properly admitted victim's written statement to police as constancy of accusation evidence; defendant failed to establish that court abused its discretion or that he was prejudiced by admission of that evidence, and his claim that victim's statement is admissible only if tape recorded was incorrect. 48 CA 135. Subdiv. (1): Trier of fact reasonably could have concluded beyond a reasonable doubt that defendant compelled victim to engage in sexual intercourse by use of force. 52 CA 466. Subdiv. (1): Defendant could not succeed in argument that the evidence did not support a guilty verdict under section; jury could reasonably have concluded that the facts and inferences established guilt beyond reasonable doubt. 55 CA 412. Evidence was sufficient for jury to find defendant guilty beyond a reasonable doubt. 57 CA 736. Statute is not unconstitutionally vague as applied to facts of the case. 58 CA 585. Evidence was sufficient to establish guilt beyond a reasona