Connecticut General Assembly
OFFICE OF LEGISLATIVE RESEARCH
March 30, 1998 98-R-0499
FROM: Lawrence K. Furbish, Assistant Director
RE: Connecticut Penal Code Updated and Revised
You have asked for a breakdown of all offenses contained in the Connecticut Penal Code (Title 53a of the General Statutes). You wanted them listed in chart form with information on penalties. This report updates previous reports to reflect changes passed through 1997. We have also included some crimes from Title 53, because they are clearly designated as a specific class of felony or misdemeanor.
Criminal offenses in Connecticut are classified as felonies, which are offenses punishable by imprisonment for over one year, and misdemeanors, which are offenses punishable by imprisonment for not more than one year. In turn, felonies are classified according to severity as capital, class A, class B, class C, and class D. Misdemeanors are classified as class A, class B, and class C. There are unclassified felonies and misdemeanors which are offenses punishable by imprisonment but not designated under one of the above listed classes. However, unclassified felonies and misdemeanors, except for arson murder, appear in other titles of the statutes, not the penal code. Punishments for the various offenses are contained in Table 1.
Terms of imprisonment in Connecticut must be for specific periods of time. The figures in Table 1 present a range within which the judge must set the specific sentence. The judge also sets the exact amount of a fine, up to the established limits. A judge may impose a fine, a term of imprisonment, or both a fine and a term of imprisonment.
Table 1: Penalties for Connecticut Penal Code Offenses
Classification of Crime Imprisonment Fine
Capital felony execution or life —
Class A felony (murder) 25 to 60 years up to $20,000
Class A felony 10 to 25 years up to $20,000
Class B felony 1 to 20 years up to $15,000
Class C felony 1 to 10 years up to $10,000
Class D felony 1 to 5 years up to $5,000
Class A misdemeanor up to 1 year up to $2,000
Class B misdemeanor up to 6 months up to $1,000
Class C misdemeanor up to 3 months up to $500
In addition to the penalties contained in Table 1, certain offenses carry a mandatory minimum penalty. These are indicated in Table 2, which contains all of the offenses arranged by class. The mandatory minimum appears in parentheses after the crime. 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 class A felonies becomes a mandatory minimum. However, kidnapping in the first degree with a firearm (CGS § 53a-92a), which is a class A felony, has a legislatively set mandatory minimum of one year. And, the unclassified felony arson murder (CGS § 53a-54d) has a sentence of life imprisonment, but since it is not a class A felony any part of this sentence can be suspended or reduced. This situation has led the Connecticut Supreme Court, in two cases cited in Table 2, to rule that in conflicting sentencing provisions when the more serious crime carries the lesser penalty, this penalty must prevail and be applied to the less serious crime.
Two laws affect the penal code in a general way. CGS § 53a-40a provides an enhanced penalty for a person found to be a persistent offender of statutes covering crimes involving bigotry or bias. CGS § 53a-40b provides for enhanced penalties for anyone convicted of an offense committed while they are released awaiting trial.
CGS § 53-202j requires a mandatory, minimum eight-year sentence for anyone who uses, threatens to use, displays, or purports to have an assault weapon while committing a class A, B, or C felony, with his sentence in addition and consecutive to any imprisonment for the felony. CGS § 53-202k requires a mandatory, minimum five-year sentence for anyone who uses, threatens to use, displays, or purports to have a firearm other than an assault weapon while committing a class A, B, or C felony, with this sentence in addition and consecutive to any imprisonment for the felony.
CGS §§ 53a-29 and 30 authorize judges to sentence serious sexual assault offenders who have more than once conviction or have assaulted young victims to probation for up to 35 years and to require them to undergo special sexual offender treatment as a condition of probation. CGS § 53a-40c requires courts to impose additional sentences of psychological counseling on individuals convicted of sexually assaulting victims under age 11.
CGS § 53a-136a establishes an enhanced penalty of a three-year mandatory, minimum term of imprisonment for committing a robbery by knowingly taking a motor vehicle that is occupied. The mandatory sentence is in addition and consecutive to any other prison term imposed for the offense.
CGS § 53a-40 increases the maximum prison term a court may impose under the persistent dangerous felony offender law from 25 to 40 years, based on one previous violent felony conviction, and from 25 years to life, based on two such previous convictions. (By law, a sentence of life imprisonment means a definite sentence of 60 years.) The act requires, rather than allows, a court to impose an enhanced sentence if it determines the public interest would best be served by the sentence. In Table 2 we have indicated with an asterisk those crimes which are subject to this persistent dangerous felony offender provision.
Table 2: Offenses Arranged by Class
Offense Section
CAPITAL FELONY
Capital felony (specified types of murder) 53a-54b
UNCLASSIFIED FELONY
Arson murder—unintentional death during arson (penalty life imprisonment) 53a-54d
CLASS A FELONIES
Murder other than a capital felony (m.m. 25 years) 53a-54a*
Felony murder (m.m. 25 years) 53a-54c*
Kidnapping in first degree (m.m. 1 year pursuant to State v. Jenkins,
198 Conn. 671 (1986)) 53a-92*
Kidnapping in first degree with a firearm (m.m. 1 year) 53a-92a*
Arson in the first degree (no m.m. pursuant to State v. O'Neill,
200 Conn. 268 (1986) 53a-111*
Employing a minor in an obscene performance (m.m. 10 years) 53a-196a
CLASS B FELONIES
Attempt or conspiracy to commit any class A felony 53a-51
Attempt or conspiracy to commit any class B felony 53a-51
Manslaughter in the first degree 53a-55*
Manslaughter in the first degree with a firearm
(m.m. 5 years and 40 years maximum) 53a-55a*
Assault in the first degree
(m.m. 5 years if deadly weapon used and
m.m 10 years if victim under age 10 53a-59*
Assault victim 60 or older in first degree (m.m. 5 years) 53a-59a
Assault of Department of Correction employee in the first degree 53a-59b
Sexual assault in first degree (m.m. 1 year, m.m. 10 years if victim under age 10) 53a-70*
Aggravated sexual assault in the first degree (m.m. 5 years) 53a-70a*
Sexual assault in spousal or cohabitation relationship 53a-70b
Promoting prostitution in first degree 53a-86
Kidnapping in the second degree (m.m. 3 years) 53a-94*
Kidnapping in the second degree with a firearm (m.m. 3 years) 53a-94a*
Burglary in the first degree (m.m. 5 years if with deadly weapon) 53a-101
Arson in the second degree 53a-112*
Larceny in the first degree 53a-122
Robbery in the first degree (m.m. 5 years if with deadly weapon) 53a-134*
Possession of a weapon or dangerous instrument in a correctional institution 53a-174a
Rioting at correctional institution 53a-179b
Promoting a minor in an obscene performance 53a-196b
CLASS B FELONIES (cont.)
Computer crime in the first degree 53a-252
Money laundering in the first degree 53a-276
Vendor fraud in the first degree 53a-291
Deprivation of equal rights by death 53-37b
Manufacture of bombs 53-80a
CLASS C FELONIES
Attempt or conspiracy to commit any class C felony 53a-51
Manslaughter in the second degree 53a-56*
Manslaughter in the second degree with a firearm (m.m. 1 year) 53a-56a*
Manslaughter in the second degree with a motor vehicle while intoxicated 53a-56b*
Sexual assault in second degree (m.m. 9 months) 53a-71
Promoting prostitution in second degree 53a-87
Burglary in the second degree 53a-102
Burglary in the second degree with a firearm (m.m. 1 year) 53a-102a
Arson in the third degree 53a-113*
Larceny in the second degree (m.m. 2 years if elderly, blind, disabled victim see 53a-60b) 53a-123
Criminal trover in first degree, 2nd and subsequent offenses 53a-126a
Robbery in the second degree 53a-135*
Forgery in the first degree 53a-138
Bribery of a juror 53a-152
Bribe receiving by a juror 53a-153
CLASS C FELONIES (cont.)
Assault on a peace officer, fireman, or other specified individuals 53a-167c
Escape in the first degree 53a-169
Escape from custody for felony 53a-171(b)
Inciting injury to persons or property 53a-179a
Inciting to riot at correctional institution 53a-179c
Importing child pornography 53a-196c
Interference with a cemetery or burial ground (m.m. $500 fine) 53a-218
Computer crime in the second degree 53a-253
Money laundering in the second degree 53a-277
Vendor fraud in the second degree 53a-292
Risk of injury to child involving sexual contact or baby selling (PA 97-147) 53-21
Deprivation of equal rights by injury 53-37b
Selling or transporting assault weapon (m.m. 2 years, 6 years if sale is to minor) 53-202b
Unlawful training in firearms, explosives, or incendiary devices 53-206b
Leaving child under 12 unsupervised at night PA 97-298
CLASS D FELONIES
Attempt or conspiracy to commit any class D felony 53a-51
Misconduct with a motor vehicle 53a-57
Assault in the second degree 53a-60
Assault in the second degree with a firearm (m.m. 1 year) 53a-60a
Assault of a victim 60 or older in the second degree (m.m. 2 years) 53a-60b
Assault of a victim 60 or older in the second degree with a firearm (m.m. 3 years) 53a-60c
CLASS D FELONIES (cont.)
Assault in the second degree with a motor vehicle while intoxicated 53a-60d
Sexual assault in the third degree 53a-72a*
Sexual assault in the third degree with a firearm (m.m. 1 year) 53a-72b*
Promoting prostitution in the third degree 53a-88
Unlawful restraint in the first degree 53a-95
Custodial interference in the first degree 53a-97
Substitution of children 53a-99
Burglary in the third degree 53a-103
Burglary in the third degree with a firearm (m.m. 1 year) 53a-103a
Criminal violation of standing criminal restraining order 53a-110c
Reckless burning 53a-114
Criminal mischief in the first degree 53a-115
Criminal damage to landlord's property in first degree 53a-117e
Using a motor vehicle without the owner's permission or interfering or
tampering with a motor vehicle, 2nd and subsequent offense 53a-119b
Larceny in the third degree 53a-124
Criminal trover in first degree, first offense 53a-126a
Theft of utility or CATV service for profit or gain 53a-127c
Issuing a bad check of over $1,000 53a-128
Certain credit card crimes 53a-128i(b)
Robbery in the third degree 53a-136
Forgery in the second degree 53a-139
CLASS D FELONIES (cont.)
Bribery 53a-147
Bribe receiving 53a-148
Bribery of a witness 53a-149
Bribe receiving by a witness 53a-150
Tampering with a witness 53a-151
Tampering with a juror 53a-154
Tampering with or fabricating physical evidence 53a-155
Perjury 53a-156
False statement in the first degree 53a-157a
Bribery of a labor official 53a-158
Bribe receiving by a labor official 53a-159
Bid rigging 53a-161a
Receiving kickbacks 53a-161c
Paying a kickback 53a-161d
Rigging 53a-162
Hindering prosecution in the first degree 53a-166
Escape in the second degree 53a-170
Failure to appear in the first degree 53a-172
Conveying unauthorized items into correctional institution 53a-174
Criminal advocacy 53a-179
Falsely reporting an incident resulting in serious physical injury or death 53a-180a
Intimidation based on bigotry or bias 53a-181b
CLASS D FELONIES (cont.)
Stalking in the first degree 53a-181c
Harassment in the first degree 53a-182b
Eavesdropping 53a-189
Bigamy 53a-190
Incest 53a-191
Coercion when threat is to commit felony 53a-192
Obscenity as to minors 53a-196
Possessing child pornography 53a-196d
Possession of sawed-off shotgun or silencer 53a-211
Stealing a firearm 53a-212
Insurance fraud 53a-215
Criminal use of a firearm or electronic defense weapon (m.m. 5 years) 53a-216
Criminal possession of a firearm or electronic defense weapon (m.m. 2 years) 53a-217
Criminally negligent storage of a firearm 53a-217a
Possession of a weapon on school property 53a-217b
Criminal possession of a pistol or revolver 53a-217c
Unlawful possession or sale of gravestones 53a-219
Computer crime in the third degree 53a-254
Money laundering in the third degree 53a-278
Vendor fraud in the third degree 53a-293
Deprivation of civil rights by wearing hood 53-37a
Possession of unauthorized recordings 53a-142f
CLASS D FELONIES (cont.)
Possession of an assault weapon (m.m. 1 year) 53-202c
Subscribing to telephone with fictitious name for gambling 53-278d
Maintaining locked gambling premises 53-278e
Ticket scalping, third and subsequent offense 53-289
Impersonating a police officer PA 97-123
Leaving a child under 12 unsupervised in a liquor establishment PA 97-298
CLASS A MISDEMEANORS
Attempt or conspiracy to commit any class A misdemeanor 53a-51
Criminally negligent homicide 53a-58
Assault in the third degree (m.m. 1 year if deadly weapon) 53a-61
Assault of a victim 60 or older in the third degree (m.m. 1 year) 53a-61a
Threatening 53a-62
Reckless endangerment in the first degree 53a-63
Sexual assault in the fourth degree 53a-73a
Prostitution 53a-82
Patronizing a prostitute 53a-83
Patronizing a prostitute from a motor vehicle 53a-83a
Permitting prostitution 53a-89
Unlawful restraint in the second degree 53a-96
Custodial interference in the second degree 53a-98
Manufacturing or possession of burglar's tools 53a-106
Criminal trespass in the first degree 53a-107
CLASS A MISDEMEANORS (cont.)
Criminal violation of a protective order 53a-110b
Criminal mischief in the second degree 53a-116
Criminal damage to landlord's property in second degree 53a-117f
Using a motor vehicle without the owner's permission or interfering or
tampering with a motor vehicle, 1st offense 53a-119b
Larceny in the fourth degree 53a-125
Criminal trover in second degree 53a-126b
Diversion from state of benefit of labor of employees 53a-127
Unlawful entry into coin machine, possession of key to enter 53a-127a
Issuing a bad check of between $501 and $1,000 53a-128
Certain credit card crimes 53a-128i(a)
Misapplication of property 53a-129
Unlawfully concealing a will 53a-131
False entry by officer or agent of public community 53a-132
Criminal simulation 53a-141
Forgery of symbols 53a-142
False statement in the second degree 53a-157
Commercial bribery 53a-160
Receiving a commercial bribe 53a-161
Disclosure of bid or proposal 53a-161b
Soliciting or accepting benefit for rigging 53a-163
Participating in a rigged contest 53a-164
Hindering prosecution in the second degree 53a-167
CLASS A MISDEMEANORS (cont.)
Interfering with an officer 53a-167a
Failure to assist a peace officer or fireman 53a-167b
Escape from custody for misdemeanor 53a-171(b)
Aiding escape from hospital or sanitarium 53a-171a
Failure to appear in the second degree 53a-173
Conveying unauthorized letters into correctional or humane institution or to
inmate outside institution or using false name to enter institution 53a-174
Riot in the first degree 53a-175
Inciting to riot 53a-178
Falsely reporting an incident 53a-180
Stalking in the second degree 53a-181d
Tampering with private communications 53a-188
Coercion when the threat is to commit a misdemeanor 53a-192
Disseminating indecent comic books 53a-197
Interference with a memorial plaque 53a-220
Unlawful purchase, possession or sale of a memorial plaque 53a-221
Computer crime in the fourth degree 53a-255
Money laundering in the fourth degree 53a-279
Vendor fraud in the fourth degree 53a-294
Deprivation of equal rights by force or threat 53-37b
Illegal transfer, sale, or use of records, tapes, or discs 53-142b
Manufacture records, tapes or discs without I.D. marks 53-142c
Destruction, delay, or opening private messenger letters 53-142j
CLASS A MISDEMEANORS (cont.)
Possession assault weapon, first offense and prior lawful possession 53-202c
Gambling 53-278b
Manufacture, sale, or possession of gambling device 53-278c
Transmitting gambling information 53-278d
Maintaining a gambling premises 53-278e
Ticket scalping, second offense 53-289
Leaving a child under 12 unsupervised PA 97-298
CLASS B MISDEMEANORS
Attempt or conspiracy to commit any class B misdemeanor 53a-51
Reckless endangerment in the second degree 53a-64
Criminal trespass in the second degree 53a-108
Criminal mischief in the third degree 53a-117
Larceny in the fifth degree 53a-125a
Issuing a bad check of between $251 and $500 53a-128
Criminal impersonation 53a-130
Forgery in the third degree 53a-140
Unlawfully using slugs in the first degree 53a-144
Riot in the second degree 53a-176
Unlawful assembly 53a-177
Breach of peace 53a-181
Stalking in the third degree 53a-181e
CLASS B MISDEMEANORS (cont.)
Public indecency 53a-186
Obscenity 53a-194
Computer crime in the fifth degree 53a-256
Vendor fraud in the fifth degree 53a-295
Sale or carrying of facsimile firearms 53-206c
Making, printing, or possessing gambling records 53-278c
Selling Police Badges PA 97-123
Falsely reporting serious incident PA 97-147
CLASS C MISDEMEANORS
Attempt or conspiracy to commit any class C misdemeanor 53a-51
Criminal trespass in the third degree 53a-109
Criminal mischief in the fourth degree 53a-117a
Larceny in the sixth degree 53a-125b
Fraudulent use of automatic teller machine 53a-127b
Issuing a bad check of $250 or less 53a-128
Unlawfully using slugs in the second degree 53a-145
Disorderly conduct 53a-182
Obstructing free passage 53a-182a
Harassment in the second degree 53a-183
Obstructing the lawful taking of wildlife 53a-183a
Loitering in or about school grounds 53a-185
Drinking while operating a motor vehicle 53a-213
CLASS C MISDEMEANORS (cont.)
Criminal lockout 53a-214
Vendor fraud in the sixth degree 53a-296
Ticket scalping, first offense 53-289
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