History: P.A. 01-84 replaced "fireman" with "firefighter" and made other technical changes for purposes of gender
neutrality, effective July 1, 2001; P.A. 05-180 changed the name of the offense from "failure to assist a peace officer or
firefighter" to "failure to assist a peace officer, special policeman or firefighter" and included a special policeman appointed
under Sec. 29-18b within purview of section.
Sec. 53a-167c. Assault of public safety or emergency medical personnel. (a) A
person is guilty of assault of public safety or emergency medical personnel when, with
intent to prevent a reasonably identifiable peace officer, special policeman appointed
under section 29-18b, firefighter or employee of an emergency medical service organization, as defined in section 53a-3, emergency room physician or nurse, employee of
the Department of Correction, member or employee of the Board of Pardons and Paroles,
probation officer, employee of the judicial branch assigned to provide pretrial secure
detention and programming services to juveniles accused of the commission of a delinquent act, employee of the Department of Children and Families assigned to provide
direct services to children and youth in the care or custody of the department, employee
of a municipal police department assigned to provide security at the police department's
lockup and holding facility or active individual member of a volunteer canine search
and rescue team, as defined in section 5-249, from performing his or her duties, and
while such peace officer, special policeman, firefighter, employee, physician, nurse,
member, probation officer or active individual member is acting in the performance of
his or her duties, (1) such person causes physical injury to such peace officer, special
policeman, firefighter, employee, physician, nurse, member, probation officer or active
individual member, or (2) such person throws or hurls, or causes to be thrown or hurled,
any rock, bottle, can or other article, object or missile of any kind capable of causing
physical harm, damage or injury, at such peace officer, special policeman, firefighter,
employee, physician, nurse, member, probation officer or active individual member, or
(3) such person uses or causes to be used any mace, tear gas or any like or similar
deleterious agent against such peace officer, special policeman, firefighter, employee,
physician, nurse, member, probation officer or active individual member, or (4) such
person throws or hurls, or causes to be thrown or hurled, any paint, dye or other like or
similar staining, discoloring or coloring agent or any type of offensive or noxious liquid,
agent or substance at such peace officer, special policeman, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (5) such person
throws or hurls, or causes to be thrown or hurled, any bodily fluid including, but not
limited to, urine, feces, blood or saliva at such peace officer, special policeman, firefighter, employee, physician, nurse, member, probation officer or active individual
member.
(b) Assault of public safety or emergency medical personnel is a class C felony. If
any person who is confined in an institution or facility of the Department of Correction
is sentenced to a term of imprisonment for assault of an employee of the Department
of Correction under this section, such term shall run consecutively to the term for which
the person was serving at the time of the assault.
(P.A. 73-639, S. 19; P.A. 90-157, S. 2; 90-250, S. 2; P.A. 93-246, S. 1; P.A. 94-62; P.A. 98-41; P.A. 99-26, S. 28; 99-204; P.A. 01-84, S. 13, 26; P.A. 03-6, S. 1; 03-19, S. 126; P.A. 04-234, S. 2; 04-241, S. 3; 04-257, S. 120; P.A. 05-108,
S. 7; 05-180, S. 6.)
History: P.A. 90-157 applied provisions to assaults of employees of an emergency medical service organization; P.A.
90-250 applied provisions to employees of the department of correction, specified that assault must occur while peace
officer, fireman or correction department employee is acting in performance of his duties and added provision re consecutive
sentences for persons sentenced for assault of correction department employees; P.A. 93-246 applied provisions to assault
of an employee or member of the board of parole or probation officer; P.A. 94-62 applied the provisions to emergency
room physicians and emergency room nurses; P.A. 98-41 applied provisions to an assault of an employee of the Judicial
Branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission
of a delinquent act or an assault of an employee of the Department of Children and Families performing duties at Long
Lane School; P.A. 99-26 revised the category of employees of the Department of Children and Families to which provisions
apply by replacing an employee "performing duties at Long Lane School" with an employee "assigned to provide direct
services to children and youth in the care or custody of the department"; P.A. 99-204 amended Subsec. (a) to add Subdiv.
(5) re throwing or hurling any bodily fluid at specified personnel and changed the name of the offense to "assault of public
safety or emergency medical personnel" where appearing; P.A. 01-84 replaced "fireman" with "firefighter" in Subsec. (a),
effective July 1, 2001; P.A. 03-6 amended Subsec. (a) to apply provisions to assault of an employee of a municipal police
department assigned to provide security at the police department's lockup and holding facility and make a technical change
for the purpose of gender neutrality; P.A. 03-19 made a technical change in Subsec. (a), effective May 12, 2003; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-241 applied provisions
to assaults of active individual members of volunteer canine search and rescue teams; P.A. 04-257 amended Subsec. (a)
to delete reference to an employee of the Board of Parole, effective June 14, 2004; P.A. 05-108 amended Subsec. (a) to
restore reference to an employee of the Board of Pardons and Paroles, effective June 7, 2005; P.A. 05-180 amended Subsec.
(a) to apply provisions to assault of a special policeman appointed under Sec. 29-18b.
Interfering with an officer is lesser offense included in greater offense of assault of public safety personnel and thus
conviction of both offenses for same act constituted double jeopardy violation. 86 CA 607.
PART XII
ESCAPE AND RELATED OFFENSES
Sec. 53a-174b. Conveyance or use of electronic wireless communication device in correctional institution. Any person not authorized by the Commissioner of
Correction or the commissioner's designee who (1) conveys or possesses with intent to
convey an electronic wireless communication device to any inmate of a correctional
institution while such inmate is in such institution, or (2) uses an electronic wireless
communication device to take a photographic or digital image in a correctional institution, shall be guilty of a class A misdemeanor.
(P.A. 05-87, S. 1.)
PART XXI
MISCELLANEOUS OFFENSES
Sec. 53a-216. Criminal use of firearm or electronic defense weapon: Class D
felony.
Subsec. (a):
Judgment reversed where defendant convicted of violation of statute and Sec. 53a-134(a)(2). 85 CA 708.
Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon:
Class D felony. (a) A person is guilty of criminal possession of a firearm or electronic
defense weapon when such person possesses a firearm or electronic defense weapon
and (1) has been convicted of a felony, (2) has been convicted as delinquent for the
commission of a serious juvenile offense, as defined in section 46b-120, (3) knows that
such person is subject to (A) a restraining or protective order of a court of this state that
has been issued against such person, after notice and an opportunity to be heard has
been provided to such person, in a case involving the use, attempted use or threatened
use of physical force against another person, or (B) a foreign order of protection, as
defined in section 46b-15a, that has been issued against such person in a case involving
the use, attempted use or threatened use of physical force against another person, (4)
knows that such person is subject to a firearms seizure order issued pursuant to subsection
(d) of section 29-38c after notice and an opportunity to be heard has been provided to
such person, or (5) is prohibited from shipping, transporting, possessing or receiving a
firearm pursuant to 18 USC 922(g)(4). For the purposes of this section, "convicted"
means having a judgment of conviction entered by a court of competent jurisdiction.
(b) Criminal possession of a firearm or electronic defense weapon is a class D felony, for which two years of the sentence imposed may not be suspended or reduced by
the court.
(P.A. 82-464, S. 1; P.A. 86-287, S. 5; P.A. 91-212; P.A. 98-129, S. 12; P.A. 99-212, S. 1; P.A. 01-130, S. 15; P.A. 03-98, S. 4; P.A. 05-147, S. 4; 05-283, S. 2.)
History: P.A. 86-287 added reference to electronic defense weapons; P.A. 91-212 replaced "pistol, revolver" with
"firearm" and made technical changes; P.A. 98-129 amended Subsec. (a) to add Subdiv. (2) prohibiting possession by a
person who has been convicted as delinquent for the commission of a serious juvenile offense; P.A. 99-212 made provisions
applicable to a person convicted of any felony rather than only of a capital felony and specified class A, B, C and D felonies;
P.A. 01-130 amended Subsec. (a) to add Subdiv. (3) re possession by a person who knows he or she is subject to a restraining
or protective order issued after notice and an opportunity to be heard in a case involving the use, attempted use or threatened
use of physical force against another person and add Subdiv. (4) re possession by a person who knows he or she is subject
to a firearms seizure order issued pursuant to Sec. 29-38c after notice and an opportunity to be heard; P.A. 03-98 amended
Subsec. (a)(3) by replacing "protective order issued by a court" with "protective order of a court of this state" and adding
provisions re foreign order of protection and re order that has been issued against such person; P.A. 05-147 amended
Subsec. (a)(3) to designate existing provisions re a restraining or protective order as Subpara. (A), designate existing
provisions re a foreign order of protection as Subpara. (B) and amend said Subpara. (B) to delete the requirement that the
foreign order of protection has been issued "after notice and an opportunity to be heard has been provided to such person";
P.A. 05-283 amended Subsec. (a) to add Subdiv. (5) re possession by a person who is prohibited from shipping, transporting,
possessing or receiving a firearm pursuant to 18 USC 922(g)(4).
Replica antique pistol, which fired a .44 caliber ball propelled by a black powder charge, instead of a bullet from a
fixed cartridge, constituted a weapon under section; defendant's claim of implicit "antique gun exception" to prohibitions
of section rejected. 49 CS 248.
Sec. 53a-217c. Criminal possession of a pistol or revolver: Class D felony. (a)
A person is guilty of criminal possession of a pistol or revolver when such person possesses a pistol or revolver, as defined in section 29-27, and (1) has been convicted of a
felony or of a violation of subsection (c) of section 21a-279 or section 53a-58, 53a-61,
53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178 or 53a-181d, (2) has been
convicted as delinquent for the commission of a serious juvenile offense, as defined in
section 46b-120, (3) has been discharged from custody within the preceding twenty
years after having been found not guilty of a crime by reason of mental disease or
defect pursuant to section 53a-13, (4) has been confined in a hospital for persons with
psychiatric disabilities, as defined in section 17a-495, within the preceding twelve
months by order of a probate court, (5) knows that such person is subject to (A) a
restraining or protective order of a court of this state that has been issued against such
person, after notice and an opportunity to be heard has been provided to such person,
in a case involving the use, attempted use or threatened use of physical force against
another person, or (B) a foreign order of protection, as defined in section 46b-15a,
that has been issued against such person in a case involving the use, attempted use or
threatened use of physical force against another person, (6) knows that such person is
subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c
after notice and an opportunity to be heard has been provided to such person, (7) is
prohibited from shipping, transporting, possessing or receiving a firearm pursuant to
18 USC 922(g)(4), or (8) is an alien illegally or unlawfully in the United States. For the
purposes of this section, "convicted" means having a judgment of conviction entered
by a court of competent jurisdiction.
(b) Criminal possession of a pistol or revolver is a class D felony.
(July Sp. Sess. P.A. 94-1, S. 3; P.A. 98-129, S. 13; P.A. 99-212, S. 21; P.A. 03-98, S. 5; P.A. 05-147, S. 5; 05-283, S. 3.)
History: P.A. 98-129 amended Subsec. (a) to add new Subdiv. (2) prohibiting the possession of a pistol or revolver by
a person who has been convicted as delinquent for the commission of a serious juvenile offense, renumbering the remaining
Subdivs. accordingly, and replaced in Subdiv. (4) "hospital for mental illness" with "hospital for persons with psychiatric
disabilities"; P.A. 99-212 amended Subsec. (a) to add new Subdiv. (6) prohibiting the possession of a pistol or revolver
by a person who knows that such person is subject to a firearms seizure order issued pursuant to Sec. 29-38c(d) after notice
and an opportunity to be heard has been provided to such person, renumbering the remaining Subdiv. accordingly, and
made provisions gender neutral; P.A. 03-98 amended Subsec. (a) by making a technical change in Subdiv. (1) and replacing
"protective order issued by a court" with "protective order of a court of this state" and adding provisions re foreign order
of protection and re order that has been issued against such person in Subdiv. (5); P.A. 05-147 amended Subsec. (a)(5) to
designate existing provisions re a restraining or protective order as Subpara. (A), designate existing provisions re a foreign
order of protection as Subpara. (B) and amend said Subpara. (B) to delete the requirement that the foreign order of protection
has been issued "after notice and an opportunity to be heard has been provided to such person"; P.A. 05-283 amended
Subsec. (a) to add new Subdiv. (7) prohibiting the possession of a pistol or revolver by a person who is prohibited from
shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922 (g)(4) and to redesignate existing Subdiv.
(7) as Subdiv. (8).
Sec. 53a-223. (Formerly Sec. 53a-110b). Criminal violation of a protective order: Class D felony.
Annotation to former section 53a-110b:
Section, as amended by P.A. 99-240, does not provide that validity of underlying protective order is a necessary element
of that offense. 273 C. 418.
Sec. 53a-223b. Criminal violation of a restraining order: Class D felony. (a)
A person is guilty of criminal violation of a restraining order when (1) (A) a restraining
order has been issued against such person pursuant to section 46b-15, or (B) a foreign
order of protection, as defined in section 46b-15a, has been issued against such person
in a case involving the use, attempted use or threatened use of physical force against
another, and (2) such person, having knowledge of the terms of the order, (A) does not
stay away from a person or place in violation of the order, (B) contacts a person in
violation of the order, (C) imposes any restraint upon the person or liberty of a person
in violation of the order, or (D) threatens, harasses, assaults, molests, sexually assaults
or attacks a person in violation of the order.
(b) Criminal violation of a restraining order is a class D felony.
(P.A. 02-127, S. 1; P.A. 03-98, S. 6; P.A. 05-147, S. 6.)
History: P.A. 03-98 amended Subsec. (a) by adding provisions re foreign order of protection issued after notice and
opportunity to be heard in a case involving use of physical force and making technical changes; P.A. 05-147 amended
Subsec. (a)(1)(B) to delete the requirement that the foreign order of protection has been issued "after notice and an opportunity to be heard has been provided to such person" and amended Subsec. (b) to increase the penalty from a class A
misdemeanor to a class D felony.
PART XXIV
VENDOR FRAUD
Sec. 53a-290. "Vendor fraud" defined. A person commits vendor fraud when,
with intent to defraud and acting on such person's own behalf or on behalf of an entity,
such person provides goods or services to a beneficiary under sections 17b-22, 17b-75
to 17b-77, inclusive, 17b-79 to 17b-103, inclusive, 17b-180a, 17b-183, 17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, 17b-357 to 17b-361, inclusive, 17b-600
to 17b-604, inclusive, 17b-749, 17b-807 and 17b-808 or provides services to a recipient
under Title XIX of the Social Security Act, as amended, and, (1) presents for payment any
false claim for goods or services performed; (2) accepts payment for goods or services
performed, which exceeds either the amounts due for goods or services performed, or
the amounts authorized by law for the cost of such goods or services; (3) solicits to
perform services for or sell goods to any such beneficiary, knowing that such beneficiary
is not in need of such goods or services; (4) sells goods to or performs services for any
such beneficiary without prior authorization by the Department of Social Services, when
prior authorization is required by said department for the buying of such goods or the
performance of any service; or (5) accepts from any person or source other than the
state an additional compensation in excess of the amount authorized by law.
(P.A. 96-169, S. 3; June Sp. Sess. P.A. 00-2, S. 25, 53; P.A. 05-280, S. 27.)
History: (Revisor's note: In 1997, the phrase "17b-180 to 17b-183, inclusive," was replaced editorially by the Revisors
with "17b-180a, 17b-183," to reflect the repeal of Secs. 17b-180, 17b-181 and 17b-182); June Sp. Sess. P.A. 00-2 deleted
reference to Sec. 17b-114, added reference to Sec. 17b-749 and made technical changes for the purpose of gender neutrality,
effective July 1, 2000; P.A. 05-280 substituted "17b-361" for "17b-362" as Sec. 17b-362 was repealed by the same act,
effective July 1, 2005.