November 13, 2008 |
2008-R-0619 | |
CRIMES WITH MANDATORY MINIMUM PRISON | ||
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By: Christopher Reinhart, Senior Attorney | ||
You asked for a list of Connecticut criminal offenses that have mandatory minimum prison sentences. This report updates previous reports on this topic to reflect changes through 2008.
SUMMARY
We identified 61 crimes that carry a mandatory minimum prison sentence of a specific duration. These include class A felonies, which carry a 10-year minimum sentence (CGS §§ 53a-28 and 53a-29 prohibit suspension or reduction of any sentence for a class A felony, meaning that the 10-year minimum sentence for a class A felony becomes a mandatory minimum). The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony.
In Table 1 below, we list these offenses arranged by their classification, with crimes in numerical order within each classification. Unclassified crimes are listed at the end of the table.
By law, attempt or conspiracy to commit a crime “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” (CGC § 53a-51). Thus, if someone is convicted of attempt or conspiracy to commit a crime that carries a mandatory minimum sentence other than a class A felony, the offender would be subject to that mandatory minimum sentence (see State v. Moran, 264 Conn. 593 (2003)).
It also appears that someone who is an accomplice in committing a crime that is punishable by a mandatory minimum sentence would be subject to that mandatory minimum. By law, someone is criminally liable for the acts of another if he or she acts with the mental state required to commit a crime and solicits, requests, commands, or intentionally aids another to engage in criminal conduct. These offenders can be prosecuted and punished as if they were the principal offenders (CGS § 53a-8).
Of the 61 crimes that carry a mandatory minimum sentence, we identified 15 which can result in a person being punished as a persistent dangerous felony offender. By law, someone can be prosecuted as a persistent dangerous felony offender if he or she stands convicted of certain serious crimes and has prior convictions of certain serious crimes (CGS § 53a-40, as amended by PA 08-1, JSS and PA 08-51). This law enhances penalties for these offenders, including doubling or tripling the mandatory minimum sentence that would otherwise apply. In Table 1, we mark these 15 crimes with a “+” sign. A further explanation of the persistent dangerous felony offender law and its penalties is below the table.
In addition to mandatory minimum prison sentences, the law sets a 10-year mandatory minimum period of combined imprisonment and special parole for aggravated sexual assault 1st degree and sexual assault 1st degree. Similarly, persistent dangerous sexual offenders are subject to a mandatory combined prison sentence and period of special parole that constitutes a life sentence (statutorily defined as 60 years) instead of the statutory sentence for the underlying crime (CGS § 53a-40(i)). A persistent dangerous sexual offender is a person awaiting sentencing for sexual assault in the 1st or 3rd degree, aggravated sexual assault in the 1st degree, or sexual assault in the 3rd degree with a firearm who has previously been sentenced to at least one year in prison for one of these crimes, attempt to commit one of them, similar crimes under predecessor statutes, or substantially similar crimes prosecuted elsewhere (CGS § 53a-40(b)).
Other persistent offender provisions allow the court to impose a harsher sentence than otherwise authorized for the crime, including authorizing a three year mandatory minimum for a persistent felony offender (CGS § 53a-40(m)), but these provisions do not require the court to impose the enhanced penalties.
Table 1: Crimes with Mandatory Minimum Sentences
Classification |
Crime (CGS §) |
Mandatory Minimum Sentence |
Maximum Prison Sentence |
Capital Felony |
Capital felony (53a-54b) |
Execution or life imprisonment without possibility of release |
Same |
Class A Felonies |
Aggravated sexual assault of a minor (53a-70c, 2008 Supp.) |
● 1st offense: 25 years ● Subsequent offense: 50 years |
25 years |
Murder (53a-54a) |
25 years |
60 years | |
Felony murder (53a-54c) |
25 years |
60 years | |
Assault of pregnant woman resulting in termination of pregnancy (53a-59c) |
10 years |
25 years | |
Kidnapping 1st degree (53a-92) |
One year (+) |
25 years | |
Kidnapping 1st degree with a firearm (53a-92a) |
One year (+) |
25 years | |
Employing a minor in an obscene performance (53a-196a) |
10 years |
25 years | |
Home invasion (PA 08-1, JSS, § 1) |
10 years (+) |
25 years | |
Class A or B Felonies (Depending on Circumstances) |
Sexual assault 1st degree (53a-70) |
Two, five, or 10 years depending on the conduct and victim's age * ^ + |
20 or 25 years depending on the conduct and victim's age |
Aggravated sexual assault 1st degree (53a-70a) |
Five, 10, or 20 years depending on the conduct and victim's age * ^ + |
20 or 25 years depending on the conduct and victim's age | |
Class B Felonies |
Injury or risk of injury to a minor (involving contact with intimate parts of a minor under age 13) (53-21)) |
Five years |
20 years |
Manslaughter 1st degree with a firearm (53a-55a) |
Five years (+) |
40 years | |
Assault 1st degree (53a-59) |
● Five years if causes injury using a deadly weapon (+) ● 10 years if the victim is under age 10 or a witness (+) |
20 years | |
Assault 1st degree of elderly, blind, disabled, pregnant, or mentally retarded person (53a-59a) |
Five years (+) |
20 years | |
Enticing a minor (when minor under age 13) (53a-90a) |
● 1st offense: five years ● Subsequent offense: 10 years |
20 years | |
Kidnapping 2nd degree (53a-94) |
Three years (+) |
20 years | |
Kidnapping 2nd degree with a firearm (53a-94a) |
Three years (+) |
20 years | |
Burglary 1st degree (with explosive, deadly weapon, or dangerous instrument) (53a-101) |
Five years (+) |
20 years | |
Robbery 1st degree (with deadly weapon) (53a-134) |
Five years (+) |
20 years | |
Importing child pornography (53a-196c) |
Five years |
20 years | |
Possessing child pornography 1st degree (53a-196d) |
Five years |
20 years | |
Computer crime in furtherance of terrorism (when directed toward public safety agency) (53a-301) |
Five years |
20 years | |
Class B or C Felonies (Depending on Circumstances) |
Sexual assault 2nd degree (53a-71) |
Nine months |
10 or 20 years, depending on the circumstances |
Sexual assault 3rd degree with a firearm (53a-72b) |
Two years ^ + |
10 or 20 years, depending on the circumstances | |
Class C Felonies |
Selling or transporting assault weapon (53-202b) |
● Two years ● Six years if sale is to a minor |
10 years |
Manslaughter 2nd degree with a firearm (53a-56a) |
One year (+) |
10 years | |
Burglary 2nd degree with a firearm (53a-102a) |
One year (+) |
10 years | |
Hindering prosecution 1st degree (53a-165aa) |
Five years |
10 years | |
Possessing child pornography 2nd degree (53a-196e) |
Two years |
10 years | |
Contaminating public water or food for terrorism (53a-303) |
Five years |
10 years | |
Class D Felonies |
Increasing speed to elude police after signaled to stop (involving death or serious physical injury) (14-223(b)) |
Subsequent offense: One year |
Five years |
Refusing to stop boat when ordered by officer in law enforcement vessel and interfering with or endangering a boat, people, or property or increasing speed to escape or elude (causing death or serious physical injury) (15-154(c)) |
Subsequent offense: One year |
Five years | |
Illegal sale or transfer of handgun to person under age 21 (29-34) |
One year |
Five years | |
Possession of an assault weapon (53-202c) |
One year |
Five years | |
Assault 2nd degree with a firearm (53a-60a) |
One year |
Five years | |
Assault or larceny of elderly, blind, disabled, pregnant, or mentally retarded person 2nd degree (53a-60b) |
Two years |
Five years | |
Assault of elderly, blind, disabled, pregnant, or mentally retarded person 2nd degree with a firearm (53a-60c) |
Three years |
Five years | |
Burglary 3rd degree with a firearm (53a-103a) |
One year |
Five years | |
Possessing child pornography 3rd degree (53a-196f) |
One year |
Five years | |
Criminal use of a firearm or electronic defense weapon (53a-216) |
Five years |
Five years | |
Criminal possession of a pistol or revolver (53a-217) |
Two years |
Five years | |
Class A Misdemeanors |
Assault 3rd degree (causing physical injury with deadly weapon, dangerous instrument, or electronic defense weapon) (53a-61) |
One year |
One year |
Assault of elderly, blind, disabled, pregnant, or mentally retarded person 3rd degree (53a-61a) |
One year |
One year | |
Class A or C Misdemeanor (Depending on Circumstances) |
Use, possession, or delivery of drug paraphernalia near school by non-student (21a-267(c)) |
One year Judges can depart from this sentence under certain circumstances# |
Three months or one year |
Unclassified Crimes |
Operating a motor vehicle without a license or with a suspended or revoked license (14-36(h)) |
90 days if two or more prior offenses |
One year |
Driving during license suspension for DUI or DUI related offenses (14-215(c)) |
● 30 days unless mitigating circumstances ● If offense is after 2nd suspension for DUI related offenses: 120 days unless mitigating circumstances ● If offense is after 3rd or subsequent suspension for DUI related offenses: one year unless mitigating circumstances |
● One year ● If after 2nd suspension: two years ● If after 3rd or subsequent suspension: three years | |
DUI (includes snowmobiles and all-terrain vehicles) (14-227a(g)) |
● 1st offense: 48 hours if not given community service ● 2nd offense: 120 days ● Third and subsequent offenses: one year |
● 1st offense: six months ● 2nd offense: two years ● Third and subsequent offenses: three years | |
Operating boat while certificate or right to operate is suspended or revoked for drunken boating or refusing to stop (15-156(d)(1)) |
30 days unless mitigating circumstances |
One year | |
Operating boat while certificate or right to operate is suspended or revoked for reckless boating 1st or 2nd degree while under the influence (15-156(d)(2)) |
30 days unless mitigating circumstances |
One year | |
Manufacture or sale of heroin, methadone, cocaine, or crack by non-dependent person (21a-278(a)) |
Five years but the court may suspend it if the person (1) was under age 18 at the time or (2) had significantly impaired mental capacity Judges can also depart from this sentence under certain circumstances# |
20 years or 60 years | |
Manufacture or sale of narcotic, hallucinogen, amphetamine, or at least 1 kg marijuana by non-dependent person (21a-278(b)) |
● 1st offense: five years ● Subsequent offense: 10 years The court may suspend it if the person (1) was under age 18 at the time or (2) had significantly impaired mental capacity Judges can also depart from this sentence under certain circumstances# |
● 1st offense: 20 years ● Subsequent offense: 25 years | |
Sale of drugs to minor (21a-278a(a)) |
Two years |
In addition and consecutive to any imprisonment for the underlying drug crime | |
Sale of drugs to minor near school, public housing project, or day care center (21a-278a(b)) |
Three years Judges can depart from this sentence under certain circumstances# |
In addition and consecutive to any imprisonment for the underlying drug crime | |
Using person under 18 to sell drugs (21a-278a(c)) |
Three years |
In addition and consecutive to any imprisonment for the underlying drug crime | |
Possess narcotic, hallucinogen, or controlled substance near school or day care center (21a-279(d)) |
Two years Judges can depart from this sentence under certain circumstances# |
In addition and consecutive to any imprisonment for the underlying drug crime | |
Carry handgun without a permit (29-37(b)) |
One year if no mitigating circumstances |
Five years | |
Commit class A, B, or C felony with assault rifle (53-202j) |
Eight years |
In addition and consecutive to any imprisonment for the felony | |
Commit class A, B, or C felony with firearm (53-202k) |
Five years |
In addition and consecutive to any imprisonment for the felony | |
Carjacking (53a-136a) |
Three years |
In addition and consecutive to any imprisonment for the robbery | |
Acts of terrorism (when commit a class B felony) (§ 53a-300) |
10 years (this law authorizes the court to impose the penalty for the next most serious degree of felony; if the felony is a class B felony, this law would impose the penalty for a class A felony which would carry a 10-year mandatory minimum sentence) |
25 years |
+ These crimes are subject to the persistent dangerous felony offender law which, depending on the offender's record, could double or triple the mandatory minimum sentence the court imposes.
* The law also sets a 10-year mandatory minimum period of combined imprisonment and special parole for these crimes.
^ An offender convicted of this crime could, based on his or her record, be prosecuted as a persistent dangerous sexual offender, which requires a combined prison sentence and period of special parole that constitutes a life sentence (statutorily defined as 60 years) instead of the statutory sentence for the crime.
# Judges can impose less than the mandatory minimum sentence if no one was hurt during the crime and the defendant (1) did not use, attempt, or threaten to use physical force; (2) was unarmed; and (3) did not use, threaten to use, or suggest that he had a deadly weapon or other instrument that could cause death or serious injury. Defendants must show good cause and can invoke this provision only once (CGS § 21a-283a).
MANDATORY MINIMUM SENTENCES FOR 1ST DEGREE KIDNAPPING AND 1ST DEGREE ARSON
By statute, 1st degree kidnapping is a class A felony and 10 years of a sentence for a class A felony cannot be suspended. In State v. Jenkins, the Connecticut Supreme Court ruled that it was unconstitutional to subject a person convicted of 1st degree kidnapping to a higher mandatory minimum sentence than a person convicted of kidnapping with a firearm, which is punishable as a class A felony with only a one year mandatory minimum sentence (198 Conn. 671 (1986)). The court ruled that the one-year mandatory minimum sentence would apply to both crimes.
By statute, 1st degree arson is also a class A felony. In State v. O'Neill, the court held that it is unconstitutional to subject a person convicted of 1st degree arson to a 10-year mandatory minimum while allowing the suspension of a sentence for arson murder, a more serious crime (200 Conn. 268 (1986)).
PERSISTENT DANGEROUS FELONY OFFENDERS
By law, someone may be prosecuted as a persistent dangerous felony offender if he or she stands convicted of certain serious crimes and has prior convictions of certain serious crimes.
1. For those with one of the required prior convictions, the penalty is a range between twice the minimum penalty for the crime the person stands convicted of, including twice any mandatory minimum sentence that applies, to a maximum of 40 years or twice the maximum penalty for the crime the person stands convicted of, whichever is longer. (This is often referred to as “two strikes.”)
2. For those with two of the required prior convictions, the penalty is a range between three times the minimum penalty for the crime the person stands convicted of, including three times any mandatory minimum sentence that applies, and life in prison (statutorily defined as 60 years). (This is often referred to as “three strikes.”)
The law contains a list of crimes that someone can stand convicted of to be eligible for sentencing under this provision. Some of these crimes carry a mandatory minimum prison sentence. Table 2 shows these crimes and how that mandatory minimum sentence would be doubled or tripled for a persistent dangerous felony offender.
Table 2: Penalties Under the Persistent Dangerous Felony Offender Statute for Crimes With Mandatory Minimum Sentences
Current Conviction |
Penalty With One Prior Conviction |
Penalty With Two Prior Convictions |
Manslaughter 1st degree with a firearm (CGS § 53a-55a) |
10 to 80 years; 10 year mandatory minimum |
15 to 60 years; 15 year mandatory minimum |
Manslaughter 2nd degree with a firearm (CGS § 53a-56a) |
2 to 40 years; 2 year mandatory minimum |
3 to 60 years; 3 year mandatory minimum |
Kidnapping 1st degree or 1st degree with firearm (CGS §§ 53a-92 and 53a-92a) |
20 to 50 years; 2 year mandatory minimum |
30 to 60 years; 3 year mandatory minimum |
Kidnapping 2nd degree or 2nd degree with a firearm (CGS §§ 53a-94 and 53a-94a) |
2 to 40 years; 6 year mandatory minimum |
3 to 60 years; 9 year mandatory minimum |
Robbery 1st degree (CGS § 53a-134) |
2 to 40 years; 10 year mandatory minimum if armed with a deadly weapon |
3 to 60 years; 15 year mandatory minimum if armed with a deadly weapon |
Assault 1st degree (CGS § 53a-59) |
2 to 40 years; 10 year mandatory minimum if used a deadly weapon or dangerous instrument to cause serious physical injury or 20 year mandatory minimum if victim under age 10 or a witness |
3 to 60 years; 15 years mandatory minimum if used a deadly weapon or dangerous instrument to cause serious physical injury or 30 year mandatory minimum if victim under age 10 or a witness |
Assault of elderly, blind, disabled, pregnant, or mentally retarded person 1st degree (CGS § 53a-59a) |
2 to 40 years; 10 year mandatory minimum |
3 to 60 years; 15 year mandatory minimum |
Home invasion (PA 08-1, JSS, § 1) |
20 to 50 years; 20 year mandatory minimum |
30 to 60 years; 30 year mandatory minimum |
Burglary 1st degree (CGS § 53a-101) |
2 to 40 years; 10 year mandatory minimum if armed with explosives, deadly weapon, or dangerous instrument |
3 to 60 years; 15 year mandatory minimum if armed with explosives, deadly weapon, or dangerous instrument |
Burglary 2nd degree with a firearm (CGS § 53a-102a) |
2 to 40 years; 2 year mandatory minimum |
3 to 60 years; 3 year mandatory minimum |
Sexual assault 1st degree (CGS § 53a-70) |
Depending on the circumstances and age of the victim: 2 to 40 years or 20 to 50 years; mandatory minimum of 4, 10, or 20 years |
Depending on the circumstances and age of the victim: 3 to 60 years or 30 to 60 years; mandatory minimum of 6, 15, or 30 years |
Aggravated sexual assault 1st degree (CGS § 53a-70a) |
2 to 40 years or 20 to 50 years if victim under 16 years; 10 year mandatory minimum or 40 year mandatory minimum if victim under 16 and force used or threatened |
3 to 60 years or 30 to 60 years if victim under 16 years; 15 year mandatory minimum or 60 year mandatory minimum if victim under 16 and force used or threatened |
Sexual assault 3rd degree with a firearm (CGS § 53a-72b) |
2 to 40 years; 4 year mandatory minimum |
3 to 60 years; 6 years mandatory minimum |
The persistent dangerous felony offender statute uses the terms “manslaughter,” “arson,” “kidnapping,” and “assault in the first degree.” These do not refer to specific criminal statutes but they appear to apply to all of the crimes listed in the table above. For example, “manslaughter” appears to include the crimes of 1st degree manslaughter, 1st degree manslaughter with a firearm, 2nd degree manslaughter, 2nd degree manslaughter with a firearm, and 2nd degree manslaughter with a motor vehicle.
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