BURGLARY STATUTES

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


August 22, 2007		2007-R-0505
BURGLARY STATUTES

By: Christopher Reinhart, Senior Attorney

You asked for a summary of the burglary statutes.

SUMMARY

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

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

1^ST DEGREE BURGLARY

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

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

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

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

2^ND DEGREE BURGLARY

A person commits this crime by either:

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

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

This is a class C felony.

2^ND DEGREE BURGLARY WITH A FIREARM

A person commits this crime by:

1. committing 2^nd degree burglary and

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

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

3^RD DEGREE BURGLARY

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

This is a Class D felony.

3^RD DEGREE BURGLARY WITH A FIREARM

A person commits this crime by:

1. committing 3^rd degree burglary and

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

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

ELEMENTS AND SENTENCING REQUIREMENTS FOR BURGLARY CRIMES

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


*ELEMENTS AND PENALTIES FOR BURGLARY CRIMES*
*Crime*	*Time of Crime*	*Unlawful Entry*	*Location of Crime*	*Intent*	*Attendant Circumstances*	*Weapon*	*Sentence*
Burglary, 1^st degree (CGS § 53a-101(a)(1))	Anytime	Enters or remains unlawfully	Building	To commit a crime therein	Armed with weapon	Explosive, deadly weapon, or dangerous instrument	B felony, five years mandatory
Burglary, 1^st degree (CGS § 53a-101(a)(2))	Anytime	Same	Building	Same	Intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone while attempting to commit the offense or while fleeing	-	B felony
Burglary, 2^nd degree (CGS § 53a-102)	At night or anytime someone is home	Same	Dwelling (dwelling is a type of building (see State v. Perez, 78 Conn. App. 610 (2003))	Same	-	-	C felony
Burglary, 2^nd degree with a firearm (CGS § 53a-102a)	At night or anytime someone is home	Same	Dwelling	Same	Uses, armed with and threatens use, displays, or represents that he or she possesses a firearm	Pistol, revolver, rifle, shotgun, machine gun, or other firearm	C felony, one year mandatory
Burglary 3^rd degree (CGS § 53a-103)	Anytime	Same	Building	Same	-	-	D felony
Burglary 3^rd degree with a firearm (CGS § 53a-103a)	Anytime	Same	Building	Same	Uses, armed with and threatens use, displays, or represents that he or she possesses a firearm	Pistol, revolver, rifle, shotgun, machine gun, or other firearm	D felony, one year mandatory

PENALTIES FOR CLASSIFIED CRIMES

The chart below displays the penalties for classified crimes.

*Classification of Crime*	*Punishment*
Capital felony	Execution or life imprisonment
Class A felony (murder)	25 to 60 years, up to $ 20,000, or both
Class A felony	10 to 25 years, up to $ 20,000, or both
Class B felony	1 to 20 years, up to $15,000, or both
Class C felony	1 to 10 years, up to $ 10,000, or both
Class D felony	1 to five years, up to $ 5,000, or both
Class A misdemeanor	Up to one year, $2,000, or both
Class B misdemeanor	Up to six months, $1,000, or both
Class C misdemeanor	Up to three months, $500, or both

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