Conn. Crim. Jury Instr. 10.9-3

The defendant is charged [in count__] with unlawfully concealing a will. The statute defining

this offense reads in pertinent part as follows:

a person is guilty of unlawfully concealing a will when, with intent to defraud,

(he/she) conceals, secrets, suppresses, mutilates or destroys a will, codicil or other

testamentary instrument.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Existence of a will

The first element is that there was a will, codicil or other testamentary instrument. A will is an

instrument by which one disposes of (his/her) property, to take effect at (his/her) death.

<Describe the alleged document.>

Element 2 - Concealed the will

The second element is that the defendant concealed, secreted, suppressed or mutilated the

<identify document>.

Element 3 - Intent

The third element is that the defendant acted with the intent to defraud. <See Intent to Defraud,

Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) a will, codicil or other

testamentary instrument existed, 2) the defendant <insert specific allegations>, and 3) (he/she)

did so with the intent to defraud.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of unlawfully concealing a will, then you shall find the defendant guilty. On the

other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt

any of the elements, you shall then find the defendant not guilty.

GLOSSARY OF TERMS

“Although it is generally preferable for a jury to be instructed on the statutory definition

of a word where one exists, a trial court is not necessarily required to do so. . . . Specific words

in a statute need not be defined if they are being used and understood in their ordinary meaning.

. . . The definition of words in our standard dictionaries is taken as a matter of common

knowledge which the jury is supposed to possess. . . . If this commonly understood meaning of

the word, as found in a dictionary and presumably applied by the jury, is substantially the same

as the statutory definition, then the failure of the trial court to give the statutory definition could

not have had any effect on the jury deliberations.” State v. Brown, 259 Conn. 799, 808-809

(2002) (trial court did not define “firearm”; the dictionary definition, which was presumed to

have been used by the jury, and the statutory definition are essentially the same).

“In the absence of a statutory definition, words and phrases in a particular statute are

to be construed according to their common usage. . . . To ascertain that usage, we look to the

dictionary definition of the term.” (Internal quotation marks omitted.) Chatterjee v.

Commissioner of Revenue Services, 277 Conn. 681, 690 (2006); General Statutes § 1-1 (a).

Although the definitions in General Statutes § 53a-3 apply only to the Penal Code, the

definitions may provide guidance to the definition of terms used in other sections if it is not

inconsistent with any of the language in that section. State v. Ramos, 271 Conn 785, 795-97

(2004).

ABDUCT

“Abduct” means to restrain a person with intent to prevent (his/her) liberation by either (A)

secreting or holding (him/her) in a place where (he/she) is not likely to be found, or (B) using or

threatening to use physical force or intimidation.

Source: General Statutes § 53a-91 (2) (applies to Part VII: Kidnapping and Related Offenses, §§

53a-92 -- 53a-99).

Commentary: See glossary entry for “restrain” and the Introduction to Kidnapping and

Unlawful Restraint.6.5 Introduction to Kidnapping and Unlawful Restraint

ABUSE

“Abuse” means any repeated act or omission that causes physical injury or serious physical

injury to an elderly, blind or disabled person or a person with intellectual disability, except when

(A) the act or omission is a part of the treatment and care, and in furtherance of the health and

safety, of the elderly, blind or disabled person or a person with intellectual disability, or (B) the

act or omission is based upon the instructions, wishes, consent, refusal to consent or revocation

of consent of an elderly, blind or disabled person or a person with intellectual disability, or the

legal representative of an incapable elderly, blind or disabled person or a person with

intellectual disability. For purposes of this subdivision, “repeated” means an act or omission

that occurs on two or more occasions.

Source: General Statutes § 53a-320 (6) (applies to Part XXVI: Abuse of Elderly, Blind, or

Disabled Persons or Persons with Intellectual Disabilities, §§ 53a-320 -- 53a-323).

ACCESS

“Access” means to instruct, communicate with, store data in or retrieve data from a

computer, computer system or computer network.

Source: General Statutes § 53a-250 (1) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

ACTOR

“Actor” means a person accused of sexual assault.

Source: General Statutes § 53a-65 (1) (applies to Part VI: Sex Offenses, §§ 53a-67 --

53a-90a).

ADMINISTER

“Administer” means the direct application of a controlled substance, whether by injection,

inhalation, ingestion or any other means, to the body of a patient or research subject by: (A) A

practitioner, or, in (his/her) presence, by (his/her) authorized agent, or (B) the patient or research

subject at the direction and in the presence of the practitioner, or (C) a nurse or intern under the

direction and supervision of a practitioner.

Source: General Statutes § 21a-240 (2) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Drug Transactions in the Introduction to Drugs.

AMPHETAMINE-TYPE SUBSTANCES

“Amphetamine-type substances” include amphetamine, optical isomers thereof, salts of

amphetamine and its isomers, and chemical compounds which are similar thereto in chemical

structure or which are similar thereto in physiological effect, and which show a like potential for

abuse, which are controlled substances under this chapter unless modified.

Source: General Statutes § 21a-240 (4) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

APPROPRIATE

To “appropriate” property of another to oneself or a third person means (A) to exercise

control over it, or to aid a third person to exercise control over it, permanently or for so

extended a period or under such circumstances as to acquire the major portion of its economic

value or benefit, or (B) to dispose of the property for the benefit of oneself or a third person.

Source: General Statutes § 53a-118 (a) (4) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

Commentary: See glossary entry for “deprive.” The court should not instruct on both deprive

and appropriate when the state is proceeding only one or the other theory in a larceny

prosecution. State v. Spillane, 54 Conn. App. 201, 210-20 (1999), aff’d on other grounds, 257

Conn. 750 (2001).

ARMOR PIERCING BULLET

“Armor piercing bullet” means (A) any .50 caliber bullet that (i) is designed for the purpose of,

(ii) is held out by the manufacturer or distributor as, or (iii) is generally recognized as having a

specialized capability to penetrate armor or bulletproof glass, including, but not limited to, such

bullets commonly designated as “M2 Armor-Piercing” or “AP”, “M8 Armor-Piercing

Incendiary” or “API”, “M20 Armor-Piercing Incendiary Tracer” or “APIT”, “M903 Caliber .50

Saboted Light Armor Penetrator” or “SLAP”, or “M962 Saboted Light Armor Penetrator Tracer”

or “SLAPT”, or (B) any bullet that can be fired from a pistol or revolver that (i) has projectiles or

projectile cores constructed entirely, excluding the presence of traces of other substances, from

tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or (ii) is fully

jacketed with a jacket weight of more than twenty-five per cent of the total weight of the

projectile, is larger than .22 caliber and is designed and intended for use in a firearm, and (iii)

does not have projectiles whose cores are composed of soft materials such as lead or lead alloys,

zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, or any other

projectiles or projectile cores that the Attorney General of the United States finds to be primarily

intended to be used for sporting purposes or industrial purposes or that otherwise does not

constitute “armor piercing ammunition” as defined in federal law. “Armor piercing bullet” does

not include a shotgun shell.

Source: General Statutes § 53-202l (1) (applies to § 53-202l).

ASSAULT WEAPON

“Assault weapon” means:

(A) (i) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the

option of the user or any of the following specified semiautomatic firearms: Algimec Agmi;

Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type;

Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster

Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of

Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223;

Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil

AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91,

HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type;

Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding

stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and

Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr

AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson “Linda” Pistol;

(ii) A part or combination of parts designed or intended to convert a firearm into an assault

weapon, as defined in subparagraph (A)(i) of this subdivision, or any combination of parts from

which an assault weapon, as defined in subparagraph (A)(i) of this subdivision, may be rapidly

assembled if those parts are in the possession or under the control of the same person;

(B) Any of the following specified semiautomatic centerfire rifles, or copies or duplicates

thereof with the capability of any such rifles, that were in production prior to or on April 4, 2013:

(i) AK-47; (ii) AK-74; (iii) AKM; (iv) AKS-74U; (v) ARM; (vi) MAADI AK47; (vii) MAK90;

(viii) MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi) Poly

Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR; (xv) WASR-10; (xvi)

WUM; (xvii) Rock River Arms LAR-47; (xviii) Vector Arms AK-47; (xix) AR-10; (xx) AR-15;

(xxi) Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE

Rifles; (xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic Arms AR-15, A1,

CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; (xxv) DPMS Tactical Rifles; (xxvi)

Smith and Wesson M&P15 Rifles; (xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR

Rifles; (xxix) Barrett REC7; (xxx) Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical, 100, 100

Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-Point Carbine Rifles; (xxxiii) HK-PSG-

1; (xxxiv) Kel-Tec Sub-2000, SU Rifles, and RFB; (xxxv) Remington Tactical Rifle Model

7615; (xxxvi) SAR-8, SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix)

TNW M230 and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter; (xlii) Daewoo AR

100 and AR 110C; (xliii) Fabrique Nationale/FN 308 Match and L1A1 Sporter; (xliv) HK USC;

(xlv) IZHMASH Saiga AK; (xlvi) SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; (xlvii)

Valmet M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and (xlix) Barrett

M107A1;

(C) Any of the following specified semiautomatic pistols, or copies or duplicates thereof with

the capability of any such pistols, that were in production prior to or on April 4, 2013: (i)

Centurion 39 AK; (ii) Draco AK-47; (iii) HCR AK-47; (iv) IO Inc. Hellpup AK-47; (v) Mini-Draco AK-47; (vi) Yugo Krebs Krink; (vii) American Spirit AR-15; (viii) Bushmaster Carbon

15; (ix) Doublestar Corporation AR; (x) DPMS AR-15; (xi) Olympic Arms AR-15; (xii) Rock

River Arms LAR 15; (xiii) Calico Liberty III and III Tactical Pistols; (xiv) Masterpiece Arms

MPA Pistols and Velocity Arms VMA Pistols; (xv) Intratec TEC-DC9 and AB-10; (xvi) Colefire

Magnum; (xvii) German Sport 522 PK and Chiappa Firearms Mfour-22; (xviii) DSA SA58 PKP

FAL; (xix) I.O. Inc. PPS-43C; (xx) Kel-Tec PLR-16 Pistol; (xxi) Sig Sauer P516 and P556

Pistols; and (xxii) Thompson TA5 Pistols;

(D) Any of the following semiautomatic shotguns, or copies or duplicates thereof with the

capability of any such shotguns, that were in production prior to or on April 4, 2013: All

IZHMASH Saiga 12 Shotguns;

(E) Any semiautomatic firearm regardless of whether such firearm is listed in subparagraphs

(A) to (D), inclusive, of this subdivision, and regardless of the date such firearm was produced,

that meets the following criteria:

(i) A semiautomatic, centerfire rifle that has an ability to accept a detachable magazine and has

at least one of the following:

(I) A folding or telescoping stock;

(II) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the

use of which would allow an individual to grip the weapon, resulting in any finger on the trigger

hand in addition to the trigger finger being directly below any portion of the action of the

weapon when firing;

(III) A forward pistol grip;

(IV) A flash suppressor; or

(V) A grenade launcher or flare launcher; or

(ii) A semiautomatic, centerfire rifle that has a fixed magazine with the ability to accept more

than ten rounds; or

(iii) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; or

(iv) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least

one of the following:

(I) An ability to accept a detachable ammunition magazine that attaches at some location

outside of the pistol grip;

(II) A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer;

(III) A shroud that is attached to, or partially or completely encircles, the barrel and that

permits the shooter to fire the firearm without being burned, except a slide that encloses the

barrel; or

(IV) A second hand grip; or

(v) A semiautomatic pistol with a fixed magazine that has the ability to accept more than ten

rounds; or

(vi) A semiautomatic shotgun that has both of the following:

(I) A folding or telescoping stock; and

(II) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the

use of which would allow an individual to grip the weapon, resulting in any finger on the trigger

hand in addition to the trigger finger being directly below any portion of the action of the

weapon when firing; or

(vii) A semiautomatic shotgun that has the ability to accept a detachable magazine; or

(viii) A shotgun with a revolving cylinder; or

(ix) Any semiautomatic firearm that meets the criteria set forth in subdivision (3) or (4) of

subsection (a) of section 53-202a of the general statutes, revision of 1958, revised to January 1,

2013; or

(F) A part or combination of parts designed or intended to convert a firearm into an assault

weapon, as defined in any provision of subparagraphs (B) to (E), inclusive, of this subdivision,

or any combination of parts from which an assault weapon, as defined in any provision of

subparagraphs (B) to (E), inclusive, of this subdivision, may be assembled if those parts are in

the possession or under the control of the same person;

(G) Any semiautomatic firearm other than a pistol, revolver, rifle or shotgun, regardless of

whether such firearm is listed in subparagraphs (A) to (D), inclusive, of this subdivision, and

regardless of the date such firearm was produced, that has at least one of the following:

(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the

use of which would allow an individual to grip the weapon, resulting in any finger on the trigger

hand in addition to the trigger finger being directly below any portion of the action of the

weapon when firing;

(ii) An ability to accept a detachable ammunition magazine that attaches at some location

outside of the pistol grip;

(iii) A fixed magazine with the ability to accept more than ten rounds;

(iv) A flash suppressor or silencer, or a threaded barrel capable of accepting a flash suppressor

or silencer;

(v) A shroud that is attached to, or partially or completely encircles, the barrel and that permits

the shooter to fire the firearm without being burned, except a slide that encloses the barrel;

(vi) A second hand grip; or

(vii) An arm brace or other stabilizing brace that could allow such firearm to be fired from the

shoulder, with or without a strap designed to attach to an individual's arm;

(H) Any semiautomatic firearm that meets the criteria set forth in subdivision (3) or (4) of

subsection (a) of section 53-202a of the general statutes, revision of 1958, revised to January 1,

2013, that was legally manufactured prior to September 13, 1994; or

(I) A combination of parts designed or intended to convert a firearm into an assault weapon, as

defined in any provision of subparagraph (G) or (H) of this subdivision, or any combination of

parts from which an assault weapon, as defined in any provision of subparagraph (G) or (H) of

this subdivision, may be assembled if those parts are in the possession or under the control of the

same person.

(2) “Assault weapon” does not include (A) any firearm modified to render it permanently

inoperable, or (B) a part or any combination of parts of an assault weapon, that are not assembled

as an assault weapon, when in the possession of a licensed gun dealer, as defined in subsection

(f) of section 53-202f, or a gunsmith who is in the licensed gun dealer’s employ, for the purposes

of servicing or repairing lawfully possessed assault weapons under sections 53-202a to 53-202k,

inclusive;

(3) “Action of the weapon” means the part of the firearm that loads, fires and ejects a cartridge,

which part includes, but is not limited to, the upper and lower receiver, charging handle, forward

assist, magazine release and shell deflector;

(4) “Detachable magazine” means an ammunition feeding device that can be removed without

disassembling the firearm action;

(5) “Firearm” means a firearm, as defined in section 53a-3;

(6) “Forward pistol grip” means any feature capable of functioning as a grip that can be held by

the nontrigger hand;

(7) “Lawfully possesses” means:

(A) With respect to an assault weapon described in any provision of subparagraphs (B) to (F),

inclusive, of subdivision (1) of this section, (i) actual possession that is lawful under sections 53-

202b to 53-202k, (ii) constructive possession pursuant to a lawful purchase transacted prior to or

on April 4, 2013, regardless of whether the assault weapon was delivered to the purchaser prior

to or on April 4, 2013, which lawful purchase is evidenced by a writing sufficient to indicate that

(I) a contract for sale was made between the parties prior to or on April 4, 2013, for the purchase

of the assault weapon, or (II) full or partial payment for the assault weapon was made by the

purchaser to the seller of the assault weapon prior to or on April 4, 2013, or (iii) actual

possession under subparagraph (A)(i) of this subdivision, or constructive possession under

subparagraph (A)(ii) of this subdivision, as evidenced by a written statement made under penalty

of false statement on such form as the Commissioner of Emergency Services and Public

Protection prescribes; or

(B) With respect to a 2023 assault weapon, (i) actual possession that is lawful under sections

53-202b to 53-202k, inclusive, (ii) constructive possession pursuant to a lawful purchase

transacted prior to the effective date of this section, regardless of whether such assault weapon

was delivered to the purchaser prior to the effective date of this section, which lawful purchase is

evidenced by a writing sufficient to indicate that (I) a contract for sale was made between the

parties prior to the effective date of this section, for the purchase of such assault weapon, or (II)

full or partial payment for such assault weapon was made by the purchaser to the seller of such

assault weapon prior to the effective date of this section, or (iii) actual possession under

subparagraph (B)(i) of this subdivision, or constructive possession under subparagraph (B)(ii) of

this subdivision, as evidenced by a written statement made under penalty of false statement on

such form as the Commissioner of Emergency Services and Public Protection prescribes;

(8) “Pistol grip” means a grip or similar feature that can function as a grip for the trigger hand;

(9) “Second hand grip” means a grip or similar feature that can function as a grip that is

additional to the trigger hand grip; and

(10) “2023 assault weapon” means an assault weapon described in any provision of

subparagraphs (G) to (I), inclusive, of subdivision (1) of this section.

Source: General Statutes § 53-202a (applies to §§ 53-202b -- 202k).

BARBITURATE-TYPE DRUGS

“Barbiturate-type drugs” include barbituric acid and its salts, derivatives thereof and chemical

compounds which are similar thereto in chemical structure or which are similar thereto in

physiological effect, and which show a like potential for abuse, which are controlled substances

under this chapter unless modified.

Source: General Statutes § 21a-240 (5) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

BENEFIT

“Benefit” means monetary advantage, or anything regarded by the beneficiary as a monetary

advantage, including benefit to any person or entity in whose welfare the beneficiary is

interested.

Source: General Statutes § 53a-146 (2) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

BLIND PERSON

“Blind person” means any person whose central visual acuity does not exceed 20/200 in the

better eye with correcting lenses, or if (his/her) visual acuity is greater than 20/200 but is

accompanied by a limitation in the fields of vision such that the widest diameter of the

visual field subtends an angle no greater than twenty degrees.

Source: General Statutes § 53a-320 (3) (applies to Part XXVI: Abuse of Elderly, Blind, or

Disabled Persons or Persons with Intellectual Disabilities, §§ 53a-320 -- 53a-323).

Commentary: This definition incorporates the definition in § 1-1f (a).

BODY ARMOR

“Body armor” means any item designed to provide bullet penetration resistance and to

be worn on or under clothing on the body, like a vest or other article of clothing.

Source: General Statutes § 53-341b (c); General Statutes § 53a-217d (b).

BUILDING

“Building,” in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping

car, railroad car or other structure or vehicle or any building with a valid certificate of

occupancy. Where a building consists of separate units, such as, but not limited to separate

apartments, offices or rented rooms, any unit not occupied by the actor is, in addition to being a

part of such building, a separate building.

Source: General Statutes § 53a-100 (a) (1) (applies to Part VIII: Burglary, Criminal Trespass,

Arson, Criminal Mischief, §§ 53a-101 -- 53a-117m).

Commentary: The statutory definition of “building” encompasses the ordinary meaning of the

word “building.” “A ‘building,’ according to Black’s Law Dictionary, is a ‘structure designed

for habitation, shelter, storage, trade, manufacture, religion, business, education, and the like.’”

State v. Perez, 78 Conn. App. 610, 636 (2003), cert. denied, 271 Conn. 901 (2004); State v.

Ruocco, 151 Conn. App. 7332, 752-55 (2014) (a stand-alone storage shed is a building); State v.

Domian, 35 Conn. App. 714, 724-25 (1994) (an empty, vandalized or abandoned building is still

a building within the statutory definition), aff’d on other grounds, 235 Conn. 679 (1996). It is

also expansive, including more than the ordinary meaning of the word encompasses. State v.

Baker, 195 Conn. 598, 600-603 (1985) (statutory definition clearly includes an automobile).

Whether an area of a building that is open to the public is a separate “building” depends on

whether the public would be invited into that area or not. State v. Hafford, 252 Conn. 274, 311-

14 (a utility room behind a gas station was a separate building), cert. denied, 531 U.S. 855, 121

S. Ct. 136, 148 L. Ed. 2d 89 (2000); State v. Russell, 218 Conn. 273, 280 (1991) (area of

grocery store containing merchandise of a high value enclosed by a tall metal folding gate from

9 p.m. to 9 a.m. when the store was open 24 hours was not a separate building from the store);

State v. Thomas, 210 Conn. 199, 205-206 (1989) (area behind the counter at a convenience store

was not a separate building); State v. Stagnitta, 74 Conn. App. 607, 615-17 (manager’s office in

restaurant was a separate building), cert. denied, 263 Conn. 902 (2003); see also State v.

Cochran, 191 Conn. 180, 184-88 (1983) (although defendant was invited into the residence, the

locked bedrooms of other tenants were separate buildings).

CANNABIS-TYPE SUBSTANCES

“Cannabis-type substances” include all parts of any plant, or species of the genus cannabis or

any infra specific taxon thereof whether growing or not; the resin extracted from any part of

such a plant; and every compound, manufacture, salt, derivative, mixture or preparation of such

plant, or its resin; but shall not include the mature stalks of such plant, fiber produced from such

stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt,

derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom,

fiber, oil or cake, the seed of such plant, or hemp, as defined in 7 USC 1639o, as amended from

time to time. Included are cannabinon, cannabinol, cannabidiol and chemical compounds which

are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar

thereto in physiological effect, and which show a like potential for abuse, which are controlled

substances under this chapter unless derived from hemp, as defined in [General Statutes §] 21-

61l.

Source: General Statutes § 21a-240 (7) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

CARDHOLDER

“Cardholder” or “holder of a card” means the person named on the face of a payment card to

whom or for whose benefit the payment card is issued by an issuer.

Source: General Statutes § 53a-128a (a) (applies to Payment Card Crimes, §§ 53a-128b --

128i).

CELLULAR RADIO TELEPHONE

“Cellular radio telephone” means a wireless telephone authorized by the Federal

Communications Commission to operate in the frequency bandwidth reserved for cellular

radio telephones.

Source: General Statutes § 53a-187 (a) (3) (applies to § 53a-188, Tampering with Private

Communications, and § 53a-189, Eavesdropping).

CHECK

“Check” means any check, draft or similar sight order for the payment of money which is not

postdated with respect to the time of issuance.

Source: General Statutes § 53a-118 (a) (8) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

CHILD SEXUAL ABUSE MATERIAL

“Child sexual abuse material” means any visual depiction including any photograph, film,

videotape, picture or computer-generated image or picture, whether made or produced by

electronic, digital, mechanical or other means, of sexually explicit conduct, where the

production of such visual depiction involves the use of a person under sixteen years of age

engaging in sexually explicit conduct, provided whether the subject of a visual depiction was a

person under sixteen years of age at the time the visual depiction was created is a question to be

decided by the trier of fact.

Source: General Statutes § 53a-193 (13) (applies to Part XX: Obscenity and Related Offenses,

§§ 53a-194 -- 53a-210).

Commentary: In 2024, the term “child pornography,” as used in §§ 53a-194 – 53a-210, was

replaced with the term “child sexual abuse material.” Public Acts 2024, No. 24-118.

Prior to 2004, this definition read “‘Child pornography’ means any material involving a live

performance or photographic or other visual reproduction of a live performance which depicts a

minor in a prohibited sexual act.” In State v. Ehlers, 252 Conn. 579 (2002), the Court

concluded that the audience required for a live performance could be a single person, including

the photographer. See State v. Sorabella, 277 Conn. 155, 188-89 (discussing statutory

amendment and declining to overrule Ehlers), cert. denied, 549 U.S. 821, 127 S. Ct. 131, 166

L. Ed. 2d 36 (2006).

COCAINE IN A FREE-BASE FORM

“Cocaine in a free-base form” means any substance which contains cocaine, or any compound,

isomer, derivative or preparation thereof, in a nonsalt form.

Source: General Statutes § 21a-240 (58) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

COIN MACHINE

“Coin machine” means a coin box, turnstile, vending machine or other mechanical or electronic

device or receptacle designed (A) to receive a coin or bill or token made for the purpose, and

(B) in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in

providing or to permit the acquisition of some property or some service.

Source: General Statutes § 53a-143 (1) (applies to §§ 53a-144 -- 53a-145, Unlawful Use of

Slugs).

COLLECT AN EXTENSION OF CREDIT

“To collect an extension of credit” means to induce in any way any person to make repayment

thereof.

Source: General Statutes § 53-389 (a) (5) (applies to Extortionate Credit Transactions, §§

53-390 -- 53-392).

COMPLETE WRITTEN INSTRUMENT

“Complete written instrument” means a written instrument which purports to be a genuine

written instrument fully drawn with respect to every essential feature thereof. An endorsement,

attestation, acknowledgment or other similar signature or statement is deemed both a complete

written instrument in itself and a part of the main instrument in which it is contained or to which

it attaches.

Source: General Statutes § 53a-137 (2) (applies to Part X: Forgery and Related Offenses, §§

53a-138 -- 53a-145).

COMPUTER

Definition 1: “Computer” means a programmable, electronic device capable of accepting and

processing data.

Source: General Statutes § 53a-250 (2) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261 and § 52-570b).

Definition 2: “Computer” means an electronic, magnetic or optical device or group of devices

that, pursuant to a computer program, human instruction or permanent instructions contained in

the device or group of devices, can automatically perform computer operations with or on

computer data and can communicate the results to another computer or to a person. “Computer”

includes any connected or directly related device, equipment or facility that enables the

computer to store, retrieve or communicate computer programs, computer data or the results of

computer operations to or from a person, another computer or another device.

Source: General Statutes § 53-451 (1) (applies to Internet Crimes).

COMPUTER DATA

“Computer data” means any representation of information, knowledge, facts, concepts or

instructions that is being prepared or has been prepared and is intended to be processed, is being

processed or has been processed in a computer or computer network. “Computer data” may be

in any form, whether readable only by a computer or only by a human or by either, including,

but not limited to, computer printouts, magnetic storage media, punched cards or stored

internally in the memory of the computer.

Source: General Statutes § 53-451 (2) (applies to Internet Crimes).

COMPUTER NETWORK

Definition 1: “Computer network” means (A) a set of related devices connected to a computer

by communications facilities, or (B) a complex of two or more computers, including related

devices, connected by communications facilities.

Source: General Statutes § 53a-250 (3) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

Definition 2: “Computer network” means a set of related, remotely connected devices and any

communications facilities including more than one computer with the capability to transmit

data among them through the communications facilities.

Source: General Statutes § 53-451 (3) (applies to Internet Crimes).

COMPUTER OPERATION

“Computer operation” means arithmetic, logical, monitoring, storage or retrieval functions and

any combination thereof, and includes, but is not limited to, communication with, storage of

data to or retrieval of data from any device or human hand manipulation of electronic or

magnetic impulses. A “computer operation” for a particular computer may also be any function

for which that computer was generally designed.

Source: General Statutes § 53-451 (4) (applies to Internet Crimes).

COMPUTER PROGRAM

Definition 1: “Computer program” means a set of instructions, statements or related data that,

in actual or modified form, is capable of causing a computer or computer system to perform

specified functions.

Source: General Statutes § 53a-250 (4) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

Definition 2: “Computer program” means an ordered set of data representing coded instructions

or statements that, when executed by a computer, causes the computer to perform one or more

computer operations.

Source: General Statutes § 53-451 (5) (applies to Internet Crimes).

COMPUTER SERVICES

Definition 1: “Computer services” includes, but is not limited to, computer access, data

processing and data storage.

Source: General Statutes § 53a-250 (5) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

Definition 2: “Computer services” means computer time or services including data processing

services, Internet services, electronic mail services, electronic message services or information or

data stored in connection therewith.

Source: General Statutes § 53-451 (6) (applies to Internet Crimes).

COMPUTER SOFTWARE

Definition 1: “Computer software” means one or more computer programs, existing in any

form, or any associated operational procedures, manuals or other documentation.

Source: General Statutes § 53a-250 (6) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

Definition 2: “Computer software” means a set of computer programs, procedures and

associated documentation concerned with computer data or with the operation of a

computer, computer program or computer network.

Source: General Statutes § 53-451 (7) (applies to Internet Crimes).

COMPUTER SYSTEM

“Computer system” means a computer, its software, related equipment,

communications facilities, if any, and includes computer networks.

Source: General Statutes § 53a-250 (7) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

CONTROLLED DRUGS

“Controlled drugs” are those drugs which contain any quantity of a substance which has been

designated as subject to the federal Controlled Substances Act, or which has been designated as a

depressant or stimulant drug pursuant to federal food and drug laws, or which has been

designated by the Commissioner of Consumer Protection pursuant to section 21a-243, as having

a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous

system and as having a tendency to promote abuse or psychological or physiological

dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and

depressant drugs. Specifically excluded from controlled drugs and controlled substances are

alcohol, nicotine and caffeine.

Source: General Statutes § 21a-240 (8) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

CONTROLLED SUBSTANCE

“Controlled substance” means a drug, substance, or immediate precursor in schedules I to V,

inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to

section 21a-243.

Source: General Statutes § 21a-240 (9) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: Even though khat is not specifically listed as a controlled substance within the

meaning of General Statutes § 21-243 (c) and the regulations, “as a matter of statutory

construction, khat may be deemed a controlled substance by virtue of its containing the

controlled substances cathinone and cathine.” State v. Gurreh, 60 Conn. App. 166, 175, cert.

denied, 255 Conn. 916 (2000).

CORRECTIONAL INSTITUTION

“Correctional institution” means the facilities defined in section 1-1 and any other

correctional facility established by the commissioner of correction.

Source: General Statutes § 53a-168 (1) (applies to Escape from Custody, §§ 53a-169 --

53a-171).

Commentary: Section 1-1 (w) provides that “correctional institution” means a correctional

facility administered by the commissioner of correction. (Note that prior to 2001, this section

listed all of the existing correctional facilities.) Whether a particular facility is a correctional

institution is a question of fact for the jury. State v. Faust, 237 Conn. 454, 470 (1996); State v.

Santiago, 240 Conn. 97, 104 (1997), overruled on other grounds by State v. Crawford, 257

Conn. 769 (2001).

COUNTERFEIT SUBSTANCE

“Counterfeit substance” means a controlled substance which, or the container or labeling of

which, without authorization, bears the trademark, trade name or other identifying mark,

imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser

other than the person who in fact manufactured, distributed or dispensed the substance.

Source: General Statutes § 21a-240 (10) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

CREDIT

“Credit” means an arrangement or understanding with a bank or depository for the payment of

a check, draft or order in full on presentation.

Source: General Statutes § 53a-118 (a) (15) (applies to Part IX: Larceny, Robbery and

Related Offenses, §§ 53a-119 -- 53a-136a).

CREDIT CARD

“Credit card” means any instrument or device, whether known as a credit card, as a credit

plate, or by any other name, issued with or without fee by an issuer for the use of the

cardholder in obtaining money, goods, services or anything else of value on credit.

Source: General Statutes § 53a-128a (b) (applies to Payment Card Crimes, §§ 53a-128b -- 128i).

Commentary: See generally State v. Love, 246 Conn. 402, 412 (1998) (“the jury reasonably

could have found that the Sears card and the Southern New England Telephone calling cards

constitute ‘device[s] . . . issued . . . by an issuer for the use of the cardholder in obtaining

money, goods, services or anything else of value on credit’ under § 53a- 128a (b)”); State v.

Henderson, 47 Conn. App. 542, 554 (“[w]e conclude that it is a reasonable and logical

inference for a juror to conclude that a card referred to as a ‘credit card’ enables one to receive

things on credit”), cert. denied, 244 Conn. 908 (1998).

CREDITOR

“Creditor”, with reference to any given extension of credit, refers to any person making

such extension of credit, or to any person claiming by, under or through such person.

Source: General Statutes § 53-389 (a) (2) (applies to Extortionate Credit Transactions, §§

53-390 -- 53-392).

CRIME OF VIOLENCE

“Crime of violence” shall apply to and include any of the following-named crimes or an

attempt to commit any of the same: Murder, manslaughter, kidnapping, sexual assault and

sexual assault with a firearm, assault in the first or second degree, robbery, burglary, larceny

and riot in the first degree.

Source: General Statutes § 53-202 (a) (2) (applies to § 53a-202, Machine Guns).

Commentary: This statutory definition is limited in application to the use of machine guns.

Other statutes refer to crimes of violence, and the instructions for those offenses apply an

ordinary meaning to the phrase: “A crime of violence is one in which physical force is exerted

for the purpose of violating, injuring, damaging, or abusing another person.”

CRIMINAL NEGLIGENCE

A person acts with “criminal negligence” with respect to a result or to a circumstance described

by a statute defining an offense when (he/she) fails to perceive a substantial and unjustifiable risk

that such result will occur or that such circumstance exists. The risk must be of such nature and

degree that the failure to perceive it constitutes a gross deviation from the standard of care that a

reasonable person would observe in the situation.

Source: General Statutes § 53a-3 (14) (applies to Penal Code).

Commentary: See Criminal Negligence, Instruction 2.3-5.

CUSTODY

“Custody” means restraint by a public servant pursuant to an arrest or court order other than a

probate court order directed against a person who is not in the custody of the commissioner of

correction when such order is issued.

Source: General Statutes § 53a-168 (2) (applies to Escape from Custody, §§ 53a-169 --

53a-171).

DANGEROUS INSTRUMENT

“Dangerous instrument” means any instrument, article or substance which, under the

circumstances in which it is used or attempted or threatened to be used, is capable of causing

death or serious physical injury. “Serious physical injury” means physical injury which creates

a substantial risk of death, or which causes “serious disfigurement,” serious impairment of

health or serious loss or impairment of the function of any bodily organ.

It is important to note that the article need not be inherently dangerous; all that is required is that

the article was capable of causing death or serious physical injury under the circumstances in

which it was used. Any article or substance, without limitation and even though harmless under

normal use, may be found by you to be a dangerous instrument if, under the circumstances of its

use or threatened or attempted use, it is capable of producing serious physical injury or death.

The state need not prove that in fact death or serious physical injury resulted, only that the

instrument had that potential under the circumstances.

[<Insert as appropriate:> It includes

• a vehicle. “Vehicle” means a motor vehicle, a snowmobile, any aircraft, or any vessel

equipped for propulsion by mechanical means or sail.

• a dog that has been commanded to attack, except a dog owned by a law enforcement

agency of the state or any political subdivision thereof or of the federal government

when such dog is in the performance of its duties under the direct supervision, care

and control of an assigned law enforcement officer.]

Source: General Statutes § 53a-3 (7) (applies to Penal Code).

Commentary: No injury need to have actually been inflicted. State v. Jones, 173 Conn. 91, 95-

96 (1977). It is the object’s potential for inflicting injury under the specific circumstances in

which it is used or threatened that makes the object a dangerous instrument. State v. Schultz,

100 Conn. App. 709, 721 (defendant broke a glass against another person’s face), cert. denied,

282 Conn. 926 (2007).

The term means “a tool, implement or device that is external to, and separate and apart from, the

perpetrator’s body.” State v. LaFleur, 307 Conn. 115, 140 (2012) (court improperly instructed

the jury that a fist can be a dangerous instrument). In State v. McColl, 74 Conn. App. 545, 554-

55 (2003), the Appellate Court held that “feet and footwear” can be a dangerous instrument, but

did not address whether feet alone could be a dangerous instrument, because it was clear that the

defendant had been wearing shoes. See id., 553 nn.7,8.

If the conduct of the defendant involves only a threat to use an object, the threat must rise to

the level of a “true threat.” See State v. Cook, 287 Conn. 237, 252 (2008). <See True Threats,

Instruction 2.2-8.>.

The definition refers to the definition of “motor vehicle” in § 14-1 (58), which reads as follows:

“Motor vehicle” means any vehicle propelled or drawn by any nonmuscular power, except

aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass

transit facilities, electric battery-operated wheel chairs when operated by physically

handicapped persons at speeds not exceeding fifteen miles per hour, golf carts operated on

highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state

employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks,

self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for

which they were designed and operated at speeds not exceeding four miles per hour, whether or

not the operator rides on or walks behind such equipment, bicycles with helper motors as

defined in section 14-286, special mobile equipment as defined in subsection (i) of section 14-

165, mini-motorcycle, as defined in section 14-289j, electric bicycles and any other vehicle not

suitable for operation on a highway.

DATA

“Data” means information of any kind in any form, including computer software.

Source: General Statutes § 53a-250 (8) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

DEADLY PHYSICAL FORCE

“Deadly physical force” means physical force which can be reasonably expected to cause

death or serious physical injury.

Source: General Statutes § 53a-3 (5) (applies to Penal Code).

Commentary: The act of pointing a loaded handgun at a person does not qualify as deadly

physical force. State v. Wayne, 60 Conn. App. 761, 764-65 (2000).

DEADLY WEAPON

A “deadly weapon” is defined by statute as any weapon, whether loaded or unloaded, from

which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack,

bludgeon, or metal knuckles.

If the weapon is a firearm, it may be unloaded, but it must be in such condition that a shot may

be discharged from it. Thus, if the weapon is loaded but not in working order, it is not a deadly

weapon. If the weapon is unloaded but in working order, it is a deadly weapon.

Source: General Statutes § 53a-3 (6) (applies to Penal Code).

Commentary: The statutory definition explicitly excludes its application to either § 29-38 or §

53-206 and states that it does not include an electronic defense weapon when used by a peace

officer.

“Although both deadly weapons and firearms are designed for violence and are capable of

inflicting death or serious bodily injury, firearms are limited to the most dangerous weapons

and deadly weapons include a broader class.” State v. Hardy, 278 Conn. 113, 132 (2006)

(finding that an air pistol was a deadly weapon within the meaning of § 53a-3 (6)); State v.

Guzman, 110 Conn. App. 263, 274-76 (2008) (concluding that a BB gun is a deadly weapon as

a matter of law), cert. denied, 290 Conn. 915-16 (2009).

The phrase “from which a shot may be discharged” in the definition of “firearm” has been

interpreted as requiring that the firearm is operable. State v. Belanger, 55 Conn. App. 2, 7, cert.

denied, 251 Conn. 921, cert. denied, 530 U.S. 1205, 120 S. Ct. 2200, 147 L. Ed. 2d 235 (1999).

The phrase “from which a shot may be discharged” in the definition of “deadly weapon”

“demands some degree of immediacy. Although the weapon may require loading, it otherwise

must be one readily capable of firing a shot during the commission of the crime.” State v.

Carter, 350 Conn. 43, 54 (2024). Thus, to qualify as a deadly weapon, even if it is unloaded,

“a weapon must otherwise be readily capable of discharging a shot at the time the crime is

committed.” Id., 60 (“Applying that definition to this case, we conclude that an air gun that has

been modified so that significant effort must be expended before the weapon can be loaded

and/or discharged is not a weapon that is readily capable of discharging a shot. In this case, the

handle of the air gun was sealed off from top to bottom by five individual strips of duct tape,

ranging in length from approximately ten to twenty-two inches, that is to say, enough to encase

the CO

2 chamber as many as fifteen times. Peeling off that much tape would take significantly

longer and pose more of an impediment than unlocking and removing a trigger lock or

otherwise restoring a disabled weapon to a condition readily capable of firing a shot. Certainly,

it would require far more time and effort than simply loading a bullet or clip into a

conventional firearm.”).

See Note in definition of firearm for a discussion of the overlap among definitions.

DEBIT CARD

“Debit card” means any card, code, device or other means of access, or any combination

thereof, that is issued or authorized for use to debit an asset account held directly or indirectly

by a financial institution and that may be used by the cardholder to obtain money, goods,

services or anything else of value, regardless of whether the card, code, device or other means

of access, or any combination thereof, is known as a debit card. "Debit card" includes, but is

not limited to, cards, codes, devices or other means of access or some combination thereof,

commonly known as payroll cards and automated teller machine cards. "Debit card" does not

include a check, draft or similar paper instrument, or an electronic representation thereof.

Source: General Statutes § 53a-128a (c) (applies to Payment Card Crimes, §§ 53a-128b -- 128i).

DEBTOR

“Debtor”, with reference to any given extension of credit, refers to any person to whom such

extension of credit is made, or to any person who guarantees the repayment of that extension of

credit, or in any manner undertakes to indemnify the creditor against loss resulting from the

failure of any person to whom that extension of credit is made to repay the same.

Source: General Statutes § 53-389 (a) (3) (applies to Extortionate Credit Transactions, §§

53-390 -- 53-392).

DELIVER and DELIVERY

“Deliver or delivery” means the actual, constructive or attempted transfer from one person

to another of a controlled substance, whether or not there is an agency relationship.

Source: General Statutes § 21a-240 (11) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Drug Transactions in Introduction to Drugs.

DEPRIVE

To “deprive” another of property means (A) to withhold it or cause it to be withheld from

(him/her) permanently or for so extended a period or under such circumstances that the major

portion of its economic value or benefit is lost to (him/her), or (B) to dispose of the property in

such manner or under such circumstances as to render it unlikely that an owner will recover

such property.

Source: General Statutes § 53a-118 (a) (3) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

Commentary: See glossary entry for “appropriate.” The court should not instruct on both

deprive and appropriate when the state is proceeding only one or the other theory in a larceny

prosecution. State v. Spillane, 54 Conn. App. 201, 210-20 (1999), aff’d on other grounds,

257 Conn. 750 (2001).

DIGITAL WALLET

"Digital wallet" means a software application that is used on a computer or other device,

including, but not limited to, a mobile device, to store digital forms of one or more payment

cards that may be used to obtain money, goods, services or anything else of value.

Source: General Statutes § 53a-128a (d) (applies to applies to Payment Card Crimes, §§ 53a-

128b -- 128i)

DISABILITY

“Disability” means physical disability, mental disability or intellectual disability.

Source: General Statutes § 53a-181i (1) (applies to §§ 53a-181j -- 53a-181l, Intimidation Based

on Bigotry or Bias).

DISABLED PERSON

“Disabled person” means any person who has any chronic physical handicap, infirmity or

impairment, whether congenital or resulting from bodily injury, organic processes or changes

or from illness, including, but not limited to, epilepsy, deafness or hearing impairment or

reliance on a wheelchair or other remedial appliance or device.

Source: General Statutes § 53a-320 (4) (applies to Part XXVI: Abuse of Elderly, Blind, or

Disabled Persons or Persons with Intellectual Disabilities, §§ 53a-320 -- 53a-323).

Commentary: This definition incorporates the definition in General Statutes § 1-1f (b).

DISPENSE and DISPENSER

“Dispense” means to deliver a controlled substance to an ultimate user or research subject by or

pursuant to the lawful order of a practitioner, including the prescribing, administering,

packaging, labeling or compounding necessary to prepare the substance for the delivery.

“Dispenser” means a practitioner who dispenses.

Source: General Statutes § 21a-240 (13) and (14) (applies to Chapter 420b: Dependency

Producing Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Drug Transactions in Introduction to Drugs.

DISTRIBUTE and DISTRIBUTOR

“Distribute” means to deliver other than by administering or dispensing a controlled substance.

“Distributor” means a person who distributes and includes a wholesaler who is a person

supplying or distributing controlled drugs which he himself has not produced or prepared to

hospitals, clinics, practitioners, pharmacies, other wholesalers, manufacturers and federal,

state and municipal agencies.

Source: General Statutes § 21a-240 (15) and (16) (applies to Chapter 420b: Dependency

Producing Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Drug Transactions in Introduction to Drugs.

DRAWER (OF A CHECK)

“Drawer” of a check means a person whose name appears thereon as the primary obligor,

whether the actual signature be that of (himself/herself) or of a person purportedly authorized to

draw the check in (his/her) behalf.

Source: General Statutes § 53a-118 (a) (9) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

DRUG

“Drug” means: (A) Substances recognized as drugs in the official United States Pharmacopoeia,

official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or

any supplement to any of them; (B) substances intended for use in the diagnosis, cure,

mitigation, treatment or prevention of disease in man or animals; (C) substances, other than

food, intended to affect the structure or any function of the body of man or animals; and (D)

substances intended for use as a component of any article specified in subparagraph (A), (B) or

(C) of this subdivision. “Drug” does not include devices or their components, parts or

accessories.

Source: General Statutes § 21a-240 (17) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

DRUG DEPENDENCE

“Drug dependence” means a psychoactive substance dependence on drugs as that condition is

defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders

of the American Psychiatric Association.

Source: General Statutes § 21a-240 (18) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: The American Psychiatric Association’s Diagnostic and Statistical Manual of

Mental Disorders IV (4th Ed. 1994) p. 181, establishes the following criteria for substance

dependence: A maladaptive pattern of substance use, leading to clinically significant

impairment or distress, as manifested by three (or more) of the following, occurring at any

time in the same 12-month period:

(1) tolerance, as defined by either of the following:

(a) a need for markedly increased amounts of the substance to

achieve intoxication or desired effect;

(b) markedly diminished effect with continued use of the same amount of

the substance;

(2) withdrawal, as manifested by either of the following:

(a) the characteristic withdrawal syndrome for the substance (refer to Criteria

A and B of the criteria sets for Withdrawal from the specific substances);

(b) the same (or a closely related) substance is taken to relieve or

avoid withdrawal symptoms;

(3) the substance is often taken in larger amounts or over a longer period than

was intended;

(4) there is a persistent desire or unsuccessful efforts to cut down or control

substance use;

(5) a great deal of time is spent in activities necessary to obtain the substance

(e.g., visiting multiple doctors or driving long distances), use the substance (e.g.,

chain-smoking), or recover from its effects;

(6) important social, occupational, or recreational activities are given up or

reduced because of substance use;

(7) the substance use is continued despite knowledge of having a persistent or

recurrent physical or psychological problem that is likely to have been caused or

exacerbated by the substance (e.g., current cocaine use despite recognition of cocaine-induced depression, or continued drinking despite recognition that an ulcer was made

worse by alcohol consumption).

“Under the factors established by the American Psychiatric Association in the mental disorders

manual, an individual must exhibit three or more of the seven designated criteria to be

classified as ‘drug dependent.’” State v. Stewart, 77 Conn. App. 393, 401 (rejecting defendant’s

claim that a person who depends on drugs to treat a medical condition is “drug dependent”),

cert. denied, 265 Conn. 906 (2003).

DRUG-DEPENDENT PERSON

“Drug-dependent person” means a person who has a psychoactive substance dependence on

drugs as that condition is defined in the most recent edition of the Diagnostic and Statistical

Manual of Mental Disorders of the American Psychiatric Association.

Source: General Statutes § 21a- 240 (19) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See glossary entry for “drug dependence.”

DRUG FACTORY

“Drug factory” means any place used for the manufacturing, mixing, compounding, refining,

processing, packaging, distributing, storing, keeping, holding, administering or assembling

illegal substances contrary to the provisions of this chapter, or any building, rooms or location

which contains equipment or paraphernalia used for this purpose.

Source: General Statutes § 21a- 240 (20) (B) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

DRUG PARAPHERNALIA

Note: This definition should be narrowly tailored to the evidence of the case. See State v.

Ruscoe, 212 Conn. 223, 252-54, (1989) (the court’s definition was “very broad,” but had

not harmed the defendant because the court narrowed it by relating it to the specific

evidence in the case), cert. denied, 493 U.S. 1084, 110 S. Ct. 1124, 107 L. Ed. 2d 1049

(1990).

“Drug paraphernalia” refers to equipment, products and materials of any kind which are

used, intended for use or designed for use in planting, propagating, cultivating, growing,

harvesting, manufacturing, compounding, converting, producing, processing, preparing,

testing, analyzing, packaging, repackaging, storing, containing or concealing, or

ingesting, inhaling or otherwise introducing into the human body, any controlled

substance contrary to the provisions of this chapter including, but not limited to:

(i) Kits intended for use or designed for use in planting, propagating, cultivating,

growing or harvesting of any species of plant which is a controlled substance or from

which a controlled substance can be derived;

(ii) kits used, intended for use or designed for use in manufacturing,

compounding, converting, producing, processing or preparing controlled

substances;

(iii) isomerization devices used or intended for use in increasing the potency of any

species of plant which is a controlled substance;

(iv) testing equipment used, intended for use or designed for use in

identifying or analyzing the strength, effectiveness or purity of controlled

substances;

(v) dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite,

dextrose and lactose used, intended for use or designed for use in cutting controlled

substances;

(vi) separation gins and sifters used, intended for use or designed for use in

removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(vii) capsules and other containers used, intended for use or designed for use

in packaging small quantities of controlled substances

1;

(viii) containers and other objects used, intended for use or designed for use in storing

or concealing controlled substances2;

(ix) objects used, intended for use or designed for use in ingesting, inhaling, or

otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body,

such as: Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens,

permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion

tubes and devices; smoking and carburetion masks; roach clips: Meaning objects used

to hold burning material, such as a marijuana cigarette, that has become too small or too

short to be held in the hand; miniature cocaine spoons and cocaine vials; chamber pipes;

carburetor pipes; electric pipes; air-driven pipes; chillums; bongs or ice pipes or

chillers;

<Include as appropriate:>

3 In addition to all other logically relevant factors, you may consider

the following in determining whether the item[s] (is / are) drug paraphernalia.

(1) statements by an owner or by anyone in control of the object concerning its use;

(2) the proximity of the object to any controlled substances;

(3) the existence of any residue of controlled substances on the object;

(4) evidence of the intent of an owner, or of anyone in control of the object, to deliver

it to persons whom he knows, or should reasonably know, intend to use the object to

plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,

process, prepare, test, analyze, pack, repack, store, contain, or conceal any controlled

substance or inject, ingest, inhale, or introduce into the human body any controlled

substance;

(5) instructions, oral or written, provided with the object concerning its use

with a controlled substance;

(6) descriptive materials accompanying the object that explain or depict its use

with a controlled substance;

(7) national and local advertising concerning its use;

(8) the manner in which the object is displayed for sale;

(9) whether the owner, or anyone in control of the object, is a legitimate supplier of like

or related items to the community, such as a licensed distributor or dealer of tobacco

products;

(10) evidence of the ratio of sales of the object to the total sales of the business

enterprise;

(11) the existence and scope of legitimate uses for the object in the community;

(12) expert testimony concerning its use.

1 Individual bags containing narcotics, and/or residue, can constitute drug paraphernalia

notwithstanding the fact that such bags are used to contain the very narcotics a defendant is

found to have possessed. State v. Purvis, 227 Conn. App. 188, 209, cert. denied, 350 Conn. 922

(2024).

2 Storage paraphernalia need not be confined to plastic bags or other conventional containers.

The definition of paraphernalia can encompass a small bit of plastic wrapping providing it is

used to pack, store or contain any controlled substance. Id., 206. In interpreting the statutory

definition, the Appellate Court noted that it “does not require that the paraphernalia constitute a

bag; instead, all that is required for it to be drug paraphernalia under the statute as charged in this

case is that it was used to prepare, pack, repack, store, contain or conceal any controlled

substance other than cannabis . . . .” (Internal quotation marks omitted.) Id.

3 General Statutes § 21a-270.

Source: General Statutes § 21a-240 (20) (A) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: “This statute uses expansive words of inclusion. . . . These phrases convey a

clear intention that the items listed in the definition do not constitute an exhaustive or

exclusive list.” (Citation omitted.) State v. Jones, 51 Conn. App. 126, 137 (1998), cert.

denied, 247 Conn. 958 (1999).

Although it is unclear whether the language “intended for use or designed for use” in General

Statutes § 21a-240 (20) (a), defining drug paraphernalia, refers to the defendant’s mental state

or the physical aspects of the object at issue, it is worth noting that similar language was

construed in Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 501,

102 S. Ct. 1186, 71 L. Ed. 2d 362 (1982), as referring to the physical aspects of the

paraphernalia.

DWELLING

“Dwelling” means a building which is usually occupied by a person lodging therein at

night, whether or not a person is actually present.

Source: General Statutes § 53a-100 (a) (2) (applies to Part VIII: Burglary, Criminal Trespass,

Arson, Criminal Mischief, §§ 53a-101 -- 53a-117m).

Commentary: This definition is explicitly incorporated into General Statutes § 53a-19,

Self-Defense, and § 53a-20, Defense of Premises. See discussion of the Duty to Retreat in

Instruction 2.8-3.

ELDERLY PERSON

“Elderly person” means any person who is sixty years of age or older.

Source: General Statutes § 53a-320 (2) (applies to Part XXVI: Abuse of Elderly, Blind, or

Disabled Persons or Persons with Intellectual Disabilities, §§ 53a-320 -- 53a-323).

ELECTRONIC COMMUNICATION DEVICE

“Electronic communication device” means any electronic device that is capable of transmitting

a visual depiction, including a computer, computer network and computer system, as those

terms are defined in section 53a-250, and a cellular or wireless telephone.

Source: General Statutes § 53a-196h (b) (applies to Possessing or Transmitting Child

Pornography by Minor, § 53a-196h).

ELECTRONIC DEFENSE WEAPON

“Electronic defense weapon” means a weapon which by electronic impulse or current is capable

of immobilizing a person temporarily, including a stun gun or other conductive energy device.

Source: General Statutes § 53a-3 (20) (applies to Penal Code).

ELECTRONIC MAIL SERVICE PROVIDER

“Electronic mail service provider” means any person who (A) is an intermediary in sending or

receiving electronic mail, and (B) provides to end-users of electronic mail services the ability to

send or receive electronic mail.

Source: General Statutes § 53-451 (8) (applies to Internet Crimes).

EMOTIONALLY DEPENDENT

“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.

Source: General Statutes § 53a-65 (11) (applies to Part VI: Sex Offenses, §§ 53a-67 --

53a-90a).

EMPLOYEE OF AN EMERGENCY MEDICAL SERVICE

ORGANIZATION

“Employee of an emergency medical service organization” means an ambulance driver,

emergency medical technician or paramedic. <Insert appropriate definition:>

• “Ambulance driver” means a person whose primary function is driving an ambulance.

• “Emergency medical technician” means an individual who has successfully

completed the training requirements established by the commissioner and has been

certified by the department of public health.

• “Paramedic” means a person licensed by the department of public health.

Source: General Statutes § 53a-3 (22) (applies to Penal Code).

Commentary: This definition incorporates the definitions in § 19a-175 (5), (6) and (15).

ENTERS OR REMAINS UNLAWFULLY

A person “enters or remains unlawfully” in or upon premises when the premises, at the time of

such entry or remaining, are not open to the public and when the actor is not otherwise licensed

or privileged to do so.

Source: General Statutes § 53a-100 (b) (applies to §§ 53a-100aa -- 53a-106, inclusive).

Commentary: Note that this definition applies only to home invasion and burglary, not to

criminal trespass. The criminal trespass statute prohibits a person from entering or remaining on

premises “knowing that such person is not licensed or privileged to do so.” The aspect of this

definition that is not applicable to criminal trespass is that the premises “are not open to the

public.” The following caselaw discusses the other aspects of this definition, which should be

equally applicable to the criminal trespass statutes.

Depending on the facts, unlawful entry and unlawful remaining may be conceptually distinct.

“To enter unlawfully means to accomplish an entry by unlawful means, while to remain

unlawfully means that the initial entering of the building . . . was lawful but the presence therein

became unlawful because the right, privilege or license to remain was extinguished.” State v.

Weaver, 85 Conn. App. 329, 342, cert. denied, 271 Conn. 942 (2004); see also State v. Clark, 48

Conn. App. 812, 822, cert. denied, 245 Conn. 921 (1998); State v. Edwards, 10 Conn. App. 503,

513, cert. denied, 204 Conn. 808 (1987). A license or privilege to remain within premises is

implicitly revoked when the actor engages in criminal conduct that is likely to terrorize an

occupant of the premises, such as drawing a weapon or restraining or assaulting the occupant.

The occupant, unlikely or unable to withdraw consent in the face of actual or potential harm, is

deemed to have done so. See State v. Marsan, 192 Conn. App. 49, cert. denied, 333 Conn. 939

(2019) (discussing cases).

In other cases, a person’s acts of entering and remaining may be conceptually indistinct and

inseparable. “[T]he defendant’s conduct constituted one continuous course of unlawful conduct,

namely, that he entered the apartment unlawfully and remained there without any change in his

legal status. Under these circumstances, the unlawfulness of his entry determined the

unlawfulness of his remaining. The two inexorably intertwined acts were conceptually

indistinct.” State v. Delgado, 19 Conn. App. 245, 249 (1989); see also State v. Austin, 59 Conn.

App. 305, 310, cert. denied, 255 Conn. 912 (2000); State v. Moales, 41 Conn. App. 817, 824-26,

cert. denied, 239 Conn. 908 (1996). The court’s instruction should be tailored to the allegations.

See State v. Belton, 190 Conn. 496, 502 (1983) (by giving an expansive instruction when the

information only alleged that the defendant “unlawfully entered” the building, the court

“effectively enlarged the offense as stated in the information”).

“[A]n entry occurs with any penetration, however slight, of the space within the . . . building by

the defendant, or by any part of his body.” (Citations omitted; internal quotation marks

omitted.) State v. Weaver, 85 Conn. App. 329, 342, cert. denied, 271 Conn. 942 (2004). Force

is not required. “Forcible entry, with or without damage, is not an element of burglary.” State

v. Garrett, 42 Conn. App. 507, 513, cert. denied, 239 Conn. 928-29 (1996). It may, however, be

relevant to the defendant’s intent to commit a crime. State v. Ward, 76 Conn. App. 779, 799,

cert. denied, 264 Conn. 918 (2004).

“The phrase ‘licensed or privileged,’ as used in General Statutes § 53a-100 (b) is meant as a

unitary phrase, rather than as a reference to two separate concepts.” State v. Grant, 6 Conn.

App. 24, 30 (1986). “In general, a license or privilege to enter premises may derive from a

transaction between the possessor and the actor, or may arise irrespective of any such

transaction. Examples of those that arise from such a transaction involve situations in which

there is a present consent, or there was a past consent, creating a license to enter. Examples of

those that arise irrespective of previous transactions between the parties involves situations in

which the possessor acted tortiously toward the actor, or when public policy creates the license

or privilege.” Id., 30-31. See State v. Hersey, 78 Conn. App. 141 (entering a home in violation

of a protective order is entering “without license or privilege”), cert. denied, 266 Conn. 903

(2003); State v. Stagnitta, 74 Conn. App. 607, 615-17 (though an employee may have had the

right to enter the office of the restaurant, that right did not extend to entering the office

“displaying an eight to ten inch knife and demanding money”), cert. denied, 263 Conn. 902

(2003).

EQUIVALENT PROPERTY

“Equivalent property” means property that may be readily converted into, or exchanged for,

United States or foreign currency or coin, including gold, silver or platinum bullion or coins,

diamonds, emeralds, rubies, sapphires or other precious stones, stamps or airline tickets, or any

other property that is intended to be so converted or exchanged.

Source: General Statutes § 53a-275 (2) (applies to Part XXIII: Money Laundering, §§

53a-276 -- 53a-282).

EROTIC FONDLING

“Erotic fondling” means touching a person’s clothed or unclothed genitals, pubic area,

buttocks, or if such person is a female, breast.

Source: General Statutes § 53a-193 (5) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

EXCHANGE

“Exchange,” in addition to its ordinary meaning, means purchase, sale, loan, pledge, gift,

transfer, delivery, deposit, withdrawal or extension of credit.

Source: General Statutes § 53a-275 (4) (applies to Part XXIII: Money Laundering, §§

53a-276 -- 53a-282).

EXPIRED PAYMENT CARD

“Expired payment card” means a payment card that is no longer valid because the term shown

on it has elapsed.

Source: General Statutes § 53a-128a (e) (applies to Payment Card Crimes, §§ 53a-128b --

128i).

EXPLOSIVE OR INCENDIARY DEVICE

The term explosive or incendiary device means “(A) dynamite and all other forms of high

explosives, (B) any explosive bomb, grenade, missile or similar device, and (C) any incendiary

bomb or grenade, fire bomb or similar device, including any device which (i) consists of or

includes a breakable container which contains a flammable liquid or compound and a wick

composed of any material which, when ignited, is capable of igniting such flammable liquid or

compound, and (ii) can be carried or thrown by an individual.”

Source: General Statutes § 53-206b (a) (1).

EXTEND CREDIT

“To extend credit” means to make or renew any loans, or to enter into any agreement, tacit or

express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged

or disputed, valid or invalid, and however arising, may or will be deferred.

Source: General Statutes § 53-389 (a) (1) (applies to Extortionate Credit Transactions, §§

53-390 -- 53-392).

EXTORTIONATE EXTENSION OF CREDIT

An “extortionate extension of credit” is any extension of credit with respect to which it is the

understanding of the creditor and the debtor, at the time such extension of credit is made, that

delay in making repayment or failure to make repayment could result in the use of violence

or other criminal means to cause harm to the person, reputation or property of any person.

Source: General Statutes § 53-389 (a) (6) (applies to Extortionate Credit Transactions, §§

53-390 -- 53-392).

EXTORTIONATE MEANS

An “extortionate means” is any means which involves the use, or an express or implicit threat of

use, of violence or other criminal means to cause harm to the person, reputation or property of

any person.

Source: General Statutes § 53-389 (a) (7) (applies to Extortionate Credit Transactions, §§

53-390 -- 53-392).

EXTREME INDIFFERENCE TO HUMAN LIFE

“Indifference” means simply not caring. It means lacking any interest in a matter one way or the

other. Extreme means existing in the highest or greatest possible degree. Extreme indifference

is more than ordinary indifference. It is synonymous with excessive and is the greatest departure

from the ordinary. What evinces an extreme indifference to human life is a question of fact.

Commentary: There is no statutory definition of “extreme indifference to human life,” but its

meaning has been extensively discussed in the case law. See State v. McMahon, 257 Conn. 544,

550-57 (2001) (discussing plain meaning and judicial interpretations of “extreme indifference to

human life” and “grave risk of death”), cert. denied, 534 U.S. 1130, 122 S. Ct. 1069, 151 L. Ed.

2d 972 (2002); see also State v. Garcia, 81 Conn. App. 294, 309-10 (2004) (distinguishing it

from ordinary recklessness); State v. Best, 56 Conn. App. 742, 754-56 (discussing ordinary

meaning of the terms), cert. denied, 253 Conn. 902 (2000); State v. Bunker, 27 Conn. App. 322

(1992) (distinguishing recklessness and ‘aggravated recklessness’ when offenses involving both

were involved).

FALSELY ALTERS

A person “falsely alters” a written instrument when

• (he/she), without the authority of any person entitled to grant it, changes a written

instrument, whether it be in complete or incomplete form, by means of erasure,

obliteration, deletion, insertion of new matter or transposition of matter or in any

other manner, so that such instrument in its thus altered form appears or purports

to be in all respects an authentic creation of or fully authorized by its ostensible

maker or drawer; or

• (he/she) signs (his/her) own name to a written instrument, thereby falsely and

fraudulently representing that (he/she) has authority to sign the instrument.

Source: General Statutes § 53a- 137 (6) (applies to Part X: Forgery and Related Offenses, §§

53a-138 -- 53a-145).

FALSELY COMPLETES

A person “falsely completes” a written instrument when

• (he/she), by adding, inserting or changing matter, transforms an incomplete

written instrument into a complete written instrument, without the authority of

any person entitled to grant it, so that such complete written instrument appears

or purports to be in all respects an authentic creation of or fully authorized by its

ostensible maker or drawer; or

• (he/she) signs (his/her) own name to a written instrument, thereby falsely and

fraudulently representing that (he/she) has authority to sign the instrument.

Source: General Statutes § 53a- 137 (5) (applies to Part X: Forgery and Related Offenses, §§

53a-138 -- 53a-145).

FALSELY MAKES

A person “falsely makes” a written instrument when

• (he/she) makes or draws a complete written instrument in its entirety, or makes

or draws an incomplete written instrument that purports to be an authentic

creation but is not authentic either because the ostensible maker or drawer is

fictitious or because, if real, (he/she) did not authorize the making or drawing of

the instrument; or

• (he/she) signs (his/her) own name to a written instrument, thereby falsely and

fraudulently representing that (he/she) has authority to sign the instrument.

Source: General Statutes § 53a- 137 (4) (applies to Part X: Forgery and Related Offenses, §§

53a-138 -- 53a-145).

FINANCIAL INSTRUMENT

“Financial instrument” includes, but is not limited to, any check, draft, warrant, money

order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card,

transaction authorization mechanism, marketable security or any computerized

representation thereof.

Source: General Statutes § 53-451 (9) (applies to Internet Crimes).

FIREARM

A “firearm” is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other

weapon, whether loaded or unloaded, from which a shot may be discharged. You must find that

the firearm was operable at the time of the offense.

Source: General Statutes § 53a-3 (19) (applies to Penal Code).

Commentary: The phrase “from which a shot may be discharged” in the definition of “firearm”

has been interpreted as requiring that the firearm is operable. The operability of the firearm is a

factual finding for the jury. State v. Belanger, 55 Conn. App. 2, 7, cert. denied, 251 Conn. 921,

cert. denied, 530 U.S. 1205, 120 S. Ct. 2200, 147 L. Ed. 2d 235 (1999).

Note: The definition of “deadly weapon” in § 53a-3 (6) and the definition of “firearm” in §

53a-3 (19) have overlapping definitions. A deadly weapon is, in part, any weapon, whether

loaded or unloaded, from which a shot may be discharged. A firearm is any of 6 enumerated

weapons, plus “any other weapon,” whether loaded or unloaded, from which a shot may be

discharged. I.e., all firearms would fit the definition of a deadly weapon, and some deadly

weapons would fit the definition of a firearm. Whether a particular weapon would reasonably

come within one of these definitions is to be made on a case-by-case basis. See State v. Grant,

294 Conn. 151, 159-61 (2009) (BB gun could come within definition of firearm); State v.

Hart, 118 Conn. App. 763, 776 (2009) (pellet gun could be a deadly weapon, a dangerous

instrument, or a firearm), cert. denied, 295 Conn. 908 (2010).

In State v. Lopez, 341 Conn. 793, 807 (2022), the Supreme Court held that the state failed to

prove that an airsoft pellet gun was a “weapon” and, therefore, a “firearm” within the meaning

of General Statutes § 53a-3 (19) because it produced no evidence to show that the pellet gun

was designed for violence or that it was capable of causing death or serious bodily harm. See

also State v. Coauette, 601 N.W.2d 443, 446-47 (Minn. App. 1999) (paintball gun not a

firearm because it was “designed for use in a game and . . . its projectiles are [liquid paint]

capsules designed to burst on impact, rather than to pierce”), review denied, Minnesota

Supreme Court, Docket No. C4-98-2286 (Minn. December 14, 1999); cf. State v. Grant, supra,

294 Conn. 151, 156 (2009) (evidence that BB gun “was capable of discharging shot that could

cause serious bodily injury” established that it was a “weapon” and, hence, “firearm” within

meaning of § 53a-3 (19)); State v. Hardy, 278 Conn. 113, 117-18 (2006) (operating manual

stating that BB gun was “not a toy” and could “cause serious injury or death” sufficient to

establish that it was a “deadly weapon” within meaning of General Statutes § 53a-3 (6)).

FIREARM, FACSIMILE OF

“Facsimile of a firearm” means (A) any nonfunctional imitation of an original firearm which

was manufactured, designed and produced since 1898, or (B) any nonfunctional representation

of a firearm other than an imitation of an original firearm, provided such representation could

reasonably be perceived to be a real firearm. Such term does not include any look-a-like,

nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB or

pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air

pressure.

Source: General Statutes § 53-206c (a) (1).

FIREFIGHTER

“Firefighter” means any agent of a municipality whose duty it is to protect life and property

therein as a member of a duly constituted fire department whether professional or volunteer.

Source: General Statutes § 53a-3 (10) (applies to Penal Code).

FORGED INSTRUMENT

“Forged instrument” means a written instrument which has been falsely made, completed

or altered.

Source: General Statutes § 53a-137 (6) (applies to Part X: Forgery and Related Offenses, §§

53a-138 -- 53a-145).

FUNDS

“Funds” means money or credit.

Source: General Statutes § 53a-118 (a) (13) (applies to Part IX: Larceny, Robbery and

Related Offenses, §§ 53a-119 -- 53a-136a).

GENDER IDENTITY OR EXPRESSION

“Gender identity or expression” means a person’s gender-related identity, appearance or

behavior, whether or not that gender-related identity, appearance or behavior is different

from that traditionally associated with the person’s assigned sex at birth.

Source: General Statutes § 53a-181i (2) (applies to §§ 53a-181j - 181l, Intimidation Based on

Bigotry or Bias).

GOVERNMENT

“Government” includes any branch, subdivision or agency of the state or any locality within it.

Source: General Statutes § 53a-146 (4) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

HALLUCINOGENIC SUBSTANCES

“Hallucinogenic substances” are psychodysleptic substances, other than cannabis-type

substances, which assert a confusional or disorganizing effect upon mental processes or

behavior and mimic acute psychotic disturbances. Exemplary of such drugs are mescaline,

peyote, psilocyn and d-lysergic acid diethylamide, which are controlled substances under this

chapter unless modified.

Source: General Statutes § 21a-240 (23) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

HAZARDOUS SUBSTANCE

“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.

Source: General Statutes § 53a-61aa, Threatening in the First Degree; General Statutes § 53a-

180aa (b), Breach of Peace in the First Degree.

HEALTH CARE EMPLOYEE

“Health care employee” means any individual directly or indirectly employed by, or serving as a

volunteer for, a health care employer, who (A) is involved in direct patient care, or (B) has direct

contact with the patient or the patient’s family when (i) collecting or processing information

needed for patient forms and record documentation, or (ii) escorting or directing the patient or

the patient’s family on the premises of the health care employer.

“Health care employer” means any institution, as defined in section 19a-490 of the

general statutes, with fifty or more full or part-time employees. Health care employer

includes a facility for the care or treatment of mentally ill persons or persons with

substance abuse issues, a residential facility for persons with intellectual disability

licensed pursuant to section 17a-227 of the general statutes, and a community health

center, as defined in section 19a-490a of the general statutes.

Source: General Statutes § 19a-490q (a) (1) and (2) (applies to § 53a-67c).

HEALTH CARE PROFESSIONAL

“Health care professional” is used in General Statutes § 53a-71 (a) (7) (Sexual Assault in

the Second Degree) and § 53a-73a (a) (5) (Sexual Assault in the Fourth Degree), but

there is no definition of the term in the Penal Code. General Statutes § 19a-12a (a) (3)

defines “health care professional” as including any person licensed or holding a permit

pursuant to Title 20, chapter 370, 372, 373, 375, 375a, 376, 376a, 376b, 376c, 377, 378,

379, 379a, 380, 381, 381a, 383, 383a, 383b, 383c, 384a, 384b, 384c, 384d, 398 or 399.

The following chart includes the specific statutes that define the various types of health

care professionals and their licensing requirements.

Chapter Chapter Heading Relevant Statutory Sections

for Definitions and/or

Licensing Requirements

370 Medicine & Surgery §§ 20-10, 20-12a (5),

20-12b, 20-12n

372 Chiropractic §§ 20-24, 20-27

373 Natureopathy §§ 20-34, 20-37

375 Podiatry §§ 20-50, 20-54

375a Athletic Training §§ 20-65f , 20-65j

376 Physical Therapists §§ 20-66, 20-70

376a Occupational Therapists §§ 20-74a, 20-74b

376b Substance Abuse Counselors § 20-74s

376c Radiographers & Radiologic

Technologists

§ 20-74bb

377 Midwifery §§ 20-86a, 20-86c

378 Nursing §§ 20-87a, 20-93

379 Dentistry § 20-107

379a Dental Hygienists § 20-126i

380 Optometry § 20-127

381 Opticians §§ 20-145, 20-146

381a Respiratory Care Practitioners §§ 20-162n, 20-162o

383 Psychologists § 20-187a

383a Marital & Family Therapists §§ 20-195a, 20-195c

383b Clinical Social Workers §§ 20-195m, 20-195n

383c Professional Counselors §§ 20-195aa, 20-195dd

384a Massage Therapists §§ 20-206a, 20-206b

384b Dietitian-Nutritionists §§ 20-206m, 20-206n

384c Acupuncturists §§ 20-206aa, 20-206bb

384d Paramedics §§ 20-206jj, 20-206kk

398 Hearing Instrument Specialists §§ 20-396, 20-398

399 Speech & Language Pathologists

and Audiologists

§§ 20-408, 20-411

IMMEDIATE PRECURSOR

“Immediate precursor” means a substance which the commissioner of consumer protection has

found to be, and by regulation designates as being, the principal compound commonly used or

produced primarily for use, and which is an immediate chemical intermediary used or likely to

be used, in the manufacture of a controlled substance, the control of which is necessary to

prevent, curtail or limit manufacture.

Source: General Statutes § 21a-240 (26) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

IMPAIRED BECAUSE OF MENTAL DISABILITY OR DISEASE

Note: This term replaced “mentally defective” as of October 1, 2013.

“Impaired because of mental disability or disease” means that a person suffers from a mental

disability or disease which renders such person incapable of appraising the nature of such

person’s conduct.

Source: General Statutes § 53a-65 (4) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

INCENDIARY .50 CALIBER BULLET

“Incendiary .50 caliber bullet” means any .50 caliber bullet that (A) is designed for the purpose

of, (B) is held out by the manufacturer or distributor as, or (C) is generally recognized as having

a specialized capability to ignite upon impact, including, but not limited to, such bullets

commonly designated as “M1 Incendiary”, “M23 Incendiary”, “M8 Armor-Piercing Incendiary”

or “API”, or “M20 Armor-Piercing Incendiary Tracer” or “APIT”.

Source: General Statutes § 53-202l (2)) (applies to § 53-202l).

INCOMPLETE WRITTEN INSTRUMENT

“Incomplete written instrument” means a written instrument which contains some matter by way

of content or authentication but which requires additional matter in order to render it a complete

written instrument.

Source: General Statutes § 53a-137 (3) (applies to Part X: Forgery and Related Offenses, §§ 53a-

138 -- 53a-145).

INSUFFICIENT FUNDS

A drawer has “insufficient funds” with a drawee to cover a check when (he/she) has no funds or

account whatever, or funds in an amount less than that of the check; and a check dishonored for

“no account” shall also be deemed to have been dishonored for “insufficient funds.”

Source: General Statutes § 53a- 118 (a) (14) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

INTELLECTUAL DISABILITY

“Intellectual disability” means a significantly subaverage general intellectual functioning

existing concurrently with deficits in adaptive behavior and manifested during the developmental

period. “General intellectual functioning” means the results obtained by assessment with one or

more of the individually administered general intelligence tests developed for that purpose and

standardized on a significantly adequate population and administered by a person or persons

formally trained in test administration; “significantly subaverage” means an intelligence quotient

more than two standard deviations below the mean for the test; “adaptive behavior” means the

effectiveness or degree with which an individual meets the standards of personal independence

and social responsibility expected for the individual’s age and cultural group; and

“developmental period” means the period of time between birth and the eighteenth birthday.

Source: General Statutes § 53a-181i (4) (applies to §§ 53a-181j - 181l, Intimidation Based on

Bigotry or Bias).

Commentary: This statute incorporates the definition of “intellectual disability” in § 1-1g.

INTELLECTUALLY DISABLED PERSON

“Intellectually disabled person” means any person with intellectual disability, as defined in

section 1-1g.

Source: General Statutes § 53a-320 (5) (applies to Part XXVI: Abuse of Elderly, Blind, Disabled

or Intellectually Disabled Persons, §§ 53a-320 -- 53a-323).

Commentary: See glossary entry for “intellectual disability.”

INTENTIONALLY

A person acts “intentionally” with respect to a result or to conduct described by a statute defining

an offense when (his/her) conscious objective is to cause such result or to engage in such

conduct.

Source: General Statutes § 53a-3 (11) (applies to Penal Code).

Commentary: See Intent: General and Specific, Instruction 2.3-1.

INTIMATE PARTS

“Intimate parts” means the genital area or any substance emitted therefrom, groin, anus or any

substance emitted therefrom, inner thighs, buttocks or breasts.

Source: General Statutes § 53a-65 (8) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

Commentary: On the application of this definition to § 53-21, Risk of Injury to Minors, see

discussion of State v. James G., 268 Conn. 382, 412-16 (2004) in Introduction to Risk of Injury

to a Minor.

INTOXICATION

“Intoxication” means a substantial disturbance of mental or physical capacities resulting from the

introduction of substances into the body.

Source: General Statutes § 53a-7.

Commentary: The statutory definition applies to the defense of intoxication. See Intoxication,

Instruction 2.7-1. In the context of driving under the influence, the following definition has been

developed: A person is under the influence of (intoxicating liquor / any drug / both) when, as a

result of drinking such beverage or introducing such drug or both into (his/her) system, (his/her)

mental, physical, or nervous processes have become so affected that (he/she) lacks to an

appreciable degree the ability to function properly in relation to the operation of a motor vehicle.

See, e.g., State v. Gordon, 84 Conn. App. 519, 527, cert. denied, 271 Conn. 941 (2004); State v.

Sanko, 62 Conn. App. 34, 41, cert. denied, 256 Conn. 905 (2001); State v. Andrews, 108 Conn.

209, 216 (1928).

ISSUER (OF A PAYMENT CARD)

“Issuer” means the person that issues a payment card, or its agent duly authorized for that

purpose.

Source: General Statutes § 53a-128a (f) (applies to Payment Card Crimes, §§ 53a-128b -- 128i).

ISSUES (A CHECK)

A person “issues” a check when, as a drawer or representative drawer thereof, (he/she) delivers it

or causes it to be delivered to a person who thereby acquires a right against the drawer with

respect to such check. One who draws a check with intent that it be so delivered is deemed to

have issued it if the delivery occurs.

Source: General Statutes § 53a-118 (a) (11) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

JUROR

“Juror” is any person who has been drawn or summoned to serve or act as a juror in any court.

Source: General Statutes § 53a-146 (7) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

KNOWINGLY

A person acts “knowingly” with respect to conduct or to a circumstance described by a statute

defining an offense when (he/she) is aware that (his/her) conduct is of such nature or that such

circumstance exists.

Source: General Statutes § 53a-3 (12) (applies to Penal Code).

Commentary: See Knowledge, Instruction 2.3-3.

LABOR OFFICIAL

“Labor official” means any duly appointed or elected representative of a labor organization or

any duly appointed or elected trustee or representative of an employee welfare trust fund.

Source: General Statutes § 53a-146 (5) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

MACHINE GUN

A “machine gun” is a weapon of any description, irrespective of size, by whatever name known,

loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically

discharged from a magazine with one continuous pull of the trigger and includes a submachine

gun.

Source: General Statutes § 53a-3 (15) (applies to Penal Code).

Commentary: See the glossary entry for “firearm.”

General Statutes § 53-202 (a) (1), which regulates the possession of machine guns, contains the

following definition: “Machine gun” shall apply to and include a weapon of any description,

loaded or unloaded, which shoots, is designed to shoot or can be readily restored to shoot

automatically more than one projectile, without manual reloading, by a single function of the

trigger, and shall also include any part or combination of parts designed for use in converting a

weapon into a machine gun and any combination of parts from which a machine gun can be

assembled if such parts are in the possession of or under the control of a person.

MANUFACTURE

“Manufacture” means the production, preparation, cultivation, growing, propagation,

compounding, conversion or processing of a controlled substance, either directly or indirectly by

extraction from substances of natural origin, or independently by means of chemical synthesis, or

by a combination of extraction and chemical synthesis, and includes any packaging or

repackaging of the substance or labeling or relabeling of its container, except that this term does

not include the preparation or compounding of a controlled substance by an individual for

(his/her) own use or the preparation, compounding, packaging or labeling of a controlled

substance: (A) By a practitioner as an incident to (his/her) administering or dispensing of a

controlled substance in the course of (his/her) professional practice, or (B) by a practitioner, or

by (his/her) authorized agent under (his/her) supervision, for the purpose of, or as an incident to,

research, teaching or chemical analysis and not for sale.

Source: General Statutes § 21a-240 (28) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Drug Transactions in the Introduction to Drugs.

MARIJUANA

“Marijuana” means all parts of any plant, or species of the genus cannabis or any infra specific

taxon thereof, whether growing or not; the resin extracted from any part of the plant; every

compound, manufacture, salt, derivative, mixture or preparation of such plant, or its resin; any

high-THC hemp product; manufactured cannabinoids; or cannabinon, cannabinol or cannabidiol

and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in

chemical structure or which are similar thereto in physiological effect, which are controlled

substances under this chapter, except cannabidiol derived from hemp, as defined in section 22–

61l, that is not a high-THC hemp product. “Marijuana” does not include: (A) The mature stalks

of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any

other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks,

except the resin extracted from such mature stalks or fiber, oil or cake; (B) the seed of such

plant; (C) hemp, as defined in section 22–61l, (i) with a total THC concentration of not more

than three-tenths per cent on a dry-weight basis, and (ii) that is not a high-THC hemp product;

(D) any substance approved by the federal Food and Drug Administration or successor agency as

a drug and reclassified in any schedule of controlled substances or unscheduled by the federal

Drug Enforcement Administration or successor agency which is included in the same schedule

designated by the federal Drug Enforcement Administration or successor agency; or (E) infused

beverages, as defined in section 26 of Public Act 24-76.

Source: General Statutes § 21a-240 (29) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

MARTIAL ARTS WEAPON

“Martial arts weapon” means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or chinese star.

Source: General Statutes § 53a-3 (21) (applies to Penal Code).

MASTURBATION

“Masturbation” means the real or simulated touching, rubbing or otherwise stimulating a

person’s own clothed or unclothed genitals, pubic area, buttocks, or, if the person is female,

breast, either by manual manipulation or with an artificial instrument.

Source: General Statutes § 53a-193 (8) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

MATERIAL

“Material” means anything tangible which is capable of being used or adapted to arouse prurient,

shameful or morbid interest, whether through the medium of reading, observation, sound or in

any other manner. Undeveloped photographs, molds, printing plates, and the like, may be

deemed obscene notwithstanding that processing or other acts may be required to make the

obscenity patent or to disseminate it.

Source: General Statutes § 53a-193 (10) (applies to Part XX: Obscenity and Related Offenses,

§§ 53a-194 -- 53a-210).

MECHANICAL OVERHEARING OF A CONVERSATION

“Mechanical overhearing of a conversation” means the intentional overhearing or recording of a

conversation or discussion, without the consent of at least one party thereto, by a person not

present thereat, by means of any instrument, device or equipment.

Source: General Statutes § 53a-187 (a) (2) (applies to § 53a-188, Tampering with Private

Communications, and § 53a-189, Eavesdropping).

MENTAL DISABILITY

“Mental disability” means one or more mental disorders, as defined in the most recent edition of

the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders.

Source: General Statutes § 53a-181i (3) (applies to §§ 53a-181j - 181l, Intimidation Based on

Bigotry or Bias).

MENTAL RETARDATION

The term “mental retardation” has been replaced by “intellectual disability.” See

INTELLECTUAL DISABILITY.

MENTALLY DEFECTIVE

Note: As of October 1, 2013, this term is no longer used. It has been replaced with “impaired

because of mental disability or disease.”

“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.

Source: General Statutes § 53a-65 (4) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

MENTALLY INCAPACITATED

“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.

Source: General Statutes § 53a-65 (5) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

MENTALLY RETARDED PERSON

The term “mentally retarded” has been replaced by “intellectually disabled.” See

INTELLECTUALLY DISABLED PERSON.

MONETARY INSTRUMENT

“Monetary instrument” means coin or currency of the United States or of any other country,

travelers’ checks, personal checks, bank checks, money orders, negotiable investment securities

or negotiable instruments in bearer form or otherwise in such form that title thereto passes upon

delivery.

Source: General Statutes § 53a-275 (1) (applies to Part XXIII: Money Laundering, §§ 53a-276 --

53a-282).

MOTOR VEHICLE or VEHICLE

Definition 1: “Vehicle” means a motor vehicle, a snowmobile, any aircraft, or any vessel

equipped for propulsion by mechanical means or sail.

Source: General Statutes § 53a-3 (8) (applies to Penal Code).

Commentary: The statutory definition specifically incorporates General Statutes § 14-1 (58),

which defines “motor vehicle” as any vehicle propelled or drawn by any nonmuscular power,

except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other

mass transit facilities, electric battery-operated wheel chairs when operated by physically

handicapped persons at speeds not exceeding fifteen miles per hour, golf carts operated on

highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state

employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks,

self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for

which they were designed and operated at speeds not exceeding four miles per hour, whether or

not the operator rides on or walks behind such equipment, bicycles with helper motors as defined

in section 14-286, special mobile equipment as defined in subsection (i) of section 14-165, mini-motorcycle, as defined in section 14-289j, electric bicycles and any other vehicle not suitable for

operation on a highway.

Definition 2: “Motor vehicle” includes all vehicles used on the public highways.

Source: General Statutes § 14-212 (5) (applies to Chapter 248, Vehicle Highway Use).

Commentary: General Statutes § 14-212 (10) provides that “vehicle” is synonymous with “motor

vehicle.” “Motor vehicle,” as defined in § 14-212 includes any vehicle, including an all-terrain

vehicle, that is operated on a public highway. State v. Knybel, 281 Conn. 707, 715-16 (2007).

This includes a moped operated on a public highway. State v. Fontaine, 112 Conn. App. 190,

202, cert. denied, 290 Conn. 921 (2009).

MOTOR VEHICLE, COMMERCIAL

“Commercial motor vehicle” means a vehicle designed or used to transport passengers or

property, except a vehicle used for farming purposes in accordance with 49 CFR 383.3(d), fire

fighting apparatus or an emergency vehicle, as defined in section 14-283, or a recreational

vehicle in private use, which (A) has a gross vehicle weight rating of twenty-six thousand and

one pounds or more, or a gross combination weight rating of twenty-six thousand and one

pounds or more, inclusive of a towed unit or units with a gross vehicle weight rating of more

than ten thousand pounds; (B) is designed to transport sixteen or more passengers, including the

driver, or is designed to transport more than ten passengers, including the driver, and is used to

transport students under the age of twenty-one years to and from school; or (C) is transporting

hazardous materials and is required to be placarded in accordance with 49 CFR 172, Subpart F,

as amended, or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

Source: General Statutes § 14-1 (19) (applies to Chapter 246, Motor Vehicle).

Commentary: Section 14-1 (40) defines “gross vehicle weight rating” or “GVWR” as “the value

specified by the manufacturer as the maximum loaded weight of a single or a combination

(articulated) vehicle. The GVWR of a combination (articulated) vehicle commonly referred to as

the ‘gross combination weight rating’ or GCWR is the GVWR of the power unit plus the GVWR

of the towed unit or units.”

MOTOR VEHICLE, OPERATING

A person “operates” a motor vehicle when, while in the vehicle, (he/she) intentionally does any

act or makes use of any mechanical or electrical agency that alone or in sequence sets in motion

the motive power of the vehicle.

Commentary: This definition of “operating a motor vehicle” originated in State v. Swift, 125

Conn. 399, 401-03 (1939). Swift established that “‘operating’ encompasses a broader range of

conduct than does ‘driving.’” State v. Haight, 279 Conn. 546, 551 (2007); State v. Angueira, 51

Conn. App. 782, 786 (1999). No intent to move the vehicle is required. State v. Ducatt, 22

Conn. App. 88, 92, cert. denied, 217 Conn. 804 (1990); see also State v. Wiggs, 60 Conn. App.

551, 554 (2000) (intent to drive is not an element of operation). Any step taken in the sequence

necessary to engage the motive power of a vehicle is sufficient to come within the definition of

“operating.” State v. Cyr, 291 Conn. 49, 56-62 (2009) (starting the engine with a remote starter

is sufficient); State v. Haight, supra, 279 Conn. 555-56 (inserting the key in the ignition is

sufficient).

NARCOTIC SUBSTANCE

“Narcotic substance” means any of the following, whether produced directly or indirectly by

extraction from a substance of vegetable origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical synthesis: (A) Morphine-type: (i)

Opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate which is

similar to any such substance in chemical structure or which is similar to any such substance in

physiological effect and which shows a like potential for abuse, which is a controlled substance

under this chapter unless modified; (ii) any salt, compound, isomer, derivative, or preparation of

any such substance which is chemically equivalent or identical to any substance referred to in

clause (i) of this subparagraph, but not including the isoquinoline alkaloids of opium; (iii) opium

poppy or poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or preparation of

fentanyl which is similar to any such substance in chemical structure or which is similar to any

such substance in physiological effect and which shows a like potential for abuse, which is a

controlled substance under this chapter unless modified, or (II) any salt, compound, isomer,

derivative or preparation of any such substance which is chemically equivalent or identical to

any substance referred to in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any

salt, compound, derivative or preparation of coca leaves, or any salt, compound, isomer,

derivatives or preparation of any such substance which is chemically equivalent or identical to

any such substance or which is similar to any such substance in physiological effect and which

shows a like potential for abuse, but not including decocainized coca leaves or extractions of

coca leaves which do not contain cocaine or ecgonine.

Source: General Statutes § 21a-240 (30) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

NIGHT

“Night” means the period between thirty minutes after sunset and thirty minutes before sunrise.

Source: General Statutes § 53a-100 (a) (3) (applies to Part VIII: Burglary, Criminal Trespass,

Arson, Criminal Mischief, §§ 53a-101 -- 53a-117m).

NUDE PERFORMANCE

“Nude performance” means the showing of the human male or female genitals, pubic area or

buttocks with less than a fully opaque covering, or the showing of the female breast with less

than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction

of covered male genitals in a discernibly turgid state in any play, motion picture, dance or other

exhibition performed before an audience.

Source: General Statutes § 53a-193 (4) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

OBSCENE

Any material or performance is “obscene” if, (A) taken as a whole, it predominantly appeals to

the prurient interest, (B) it depicts or describes in a patently offensive way a prohibited sexual

act, and (C) taken as a whole, it lacks serious literary, artistic, educational, political or scientific

value. Predominant appeal shall be judged with reference to ordinary adults unless it appears

from the character of the material or performance or the circumstances of its dissemination to be

designed for some other specially susceptible audience. Whether a material or performance is

obscene shall be judged by ordinary adults applying contemporary community standards. In

applying contemporary community standards, the state of Connecticut is deemed to be the

community.

Source: General Statutes § 53a-193 (1) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

Commentary: This definition encompasses the three-prong test established by Miller v.

California, 413 U.S. 15, 24, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973); see State v. Cimino, 33

Conn. Supp. 680 (App. Sess.), cert. denied, 111 Conn. 747 (1976); State v. Magee, 32 Conn.

Supp. 639 (App. Sess. 1975).

OBSCENE AS TO MINORS

Material or a performance is “obscene as to minors” if it depicts a prohibited sexual act and,

taken as a whole, it is harmful to minors. For purposes of this subdivision: (A) “Minor” means

any person less than seventeen years old as used in section 53a-196 and less than sixteen years

old as used in sections 53a-196a and 53a-196b, and (B) “harmful to minors” means that quality

of any description or representation, in whatever form, of a prohibited sexual act, when (i) it

predominantly appeals to the prurient, shameful or morbid interest of minors, (ii) it is patently

offensive to prevailing standards in the adult community as a whole with respect to what is

suitable material for minors, and (iii) taken as a whole, it lacks serious literary, artistic,

educational, political or scientific value for minors.

Source: General Statutes § 53a-193 (2) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

OBTAIN

“Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of

property or of a legal interest therein, whether to the obtainer or another.

Source: General Statutes § 53a-118 (a) (2) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

OFFICIAL PROCEEDING

An “official proceeding” is any proceeding held or which may be held before any legislative,

judicial, administrative or other agency or official authorized to take evidence under oath,

including any referee, hearing examiner, commissioner or notary or other person taking evidence

in connection with any proceeding.

Source: General Statutes § 53a-146 (1) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

OPIATE

“Opiate” means any substance having an addiction-forming or addiction-sustaining liability

similar to morphine or being capable of conversion into a drug having addiction-forming or

addiction-sustaining liability; it does not include, unless specifically designated as controlled

under this chapter, the dextrorotatory isomer of 3-methoxy-n-methylmorthinan and its salts

(dextro-methorphan) but shall include its racemic and levorotatory forms.

Source: General Statutes § 21a-240 (33) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

OPIUM POPPY

“Opium poppy” means the plant of the species papaver somniferum l., except its seed.

Source: General Statutes § 21a-240 (34) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

OTHER STIMULANT AND DEPRESSANT DRUGS

“Other stimulant and depressant drugs” means controlled substances other than amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenics and morphine-type which

are found to exert a stimulant and depressant effect upon the higher functions of the central

nervous system and which are found to have a potential for abuse and are controlled substances

under this chapter.

Source: General Statutes § 21a-240 (36) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

OWNER

Definition 1: An “owner” means any person who has a right to possession superior to that of a

taker, obtainer or withholder.

Source: General Statutes § 53a-118 (a) (5) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

Commentary: See State v. Morant, 242 Conn. 666, 671 (1997) (a person cannot be the owner of

“contraband”), overruled in part on other grounds by Shabazz v. State, 259 Conn. 811 (2002).

Contraband is defined in § 54-36a (1) as “any property, the possession of which is prohibited by

any provision of the general statutes.”

General Statutes § 53a-118 (b), (c), and (d) qualify the meaning of “owner” in the context of

stolen property, jointly owned property, and security interests in property. See Larceny,

Instruction 9.1-1.

Definition 2: “Owner” means an owner or lessee of a computer or a computer network, or an

owner, lessee or licensee of computer data, computer programs or computer software.

Source: General Statutes § 53-451 (10) (applies to Internet Crimes).

PARTICIPATING PARTY

“Participating party” means any person or any duly authorized agent of such person, that is

obligated by contract to acquire from another person providing money, goods, services or

anything else of value, a sales slip, sales draft or instrument for the payment of money,

evidencing a payment card transaction, and from whom, directly or indirectly, the issuer is

obligated by contract to acquire such sales slip, sales draft, instrument for the payment of money

and the like.

Source: General Statutes § 53a-128a (g) (applies to Payment Card Crimes, §§ 53a-128b -- 128i).

PASSES (A CHECK)

A person “passes” a check when, being a payee, holder or bearer of a check which previously

has been or purports to have been drawn and issued by another, (he/she) delivers it, for a purpose

other than collection, to a third person who thereby acquires a right with respect thereto.

Source: General Statutes § 53a-118 (a) (12) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

PAYMENT CARD

"Payment card" means either a credit card or a debit card.

Source: General Statutes § 53a-128a (h) (applies to applies to Payment Card Crimes, §§ 53a-

128b -- 128i)

PEACE OFFICER

“Peace officer” means <select one or more of the following:>

• a member of the division of state police within the department of emergency services

and public protection or an organized local police department.

• a chief inspector or inspector in the division of criminal justice.

• a state marshal while exercising authority granted under any provision of the general

statutes.

• a judicial marshal in the performance of the duties of a judicial marshal.

• a conservation officer or special conservation officer.

• a constable who performs criminal law enforcement duties.

• a special policeman for state property.2

• a special policeman for investigating public assistance fraud.3

• a special policeman for utility and transportation companies.4

• an adult probation officer.

• an official of the department of correction authorized by the commissioner of

correction to make arrests in a correctional institution or facility.

• any investigator in the investigations unit of the office of the state treasurer.

• an inspector of motor vehicles in the department of motor vehicles who is certified by

the Police Officer Standards and Training Council.

• a United States marshal or deputy marshal.

• any special agent of the federal government authorized to enforce the provisions of

Title 21 of the United States Code.

• a member of a law enforcement unit of the Mashantucket Pequot Tribe or the

Mohegan Tribe of Indians of Connecticut created and governed by a memorandum of

agreement who is certified as a police officer by the Police Officer Standards and

Training Council.

1 As defined in General Statutes § 26-5.

2 Appointed under General Statutes § 29-18.

3 Appointed under General Statutes § 29-18a.

4 Appointed under General Statutes § 29-19.

Source: General Statutes § 53a-3 (9) (applies to Penal Code). Public Acts 2015, No. 15-211, § 18,

added a United States marshal or deputy marshal. Public Acts 2021, No. 21-108, § 1, added an

inspector of motor vehicles in the department of motor vehicles.

PERFORMANCE

“Performance” means any play, motion picture, dance or other exhibition performed before an

audience.

Source: General Statutes § 53a-193 (11) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

PERSON

Definition 1: “Person” means a human being, and, where appropriate, a public or private

corporation, a limited liability company, an unincorporated association, a partnership, a

government or a governmental instrumentality.

Source: General Statutes § 53a-3 (1) (applies to Penal Code).

Definition 2: “Person” means a natural person, corporation, limited liability company, trust,

partnership, incorporated or unincorporated association and any other legal or governmental

entity, including any state or municipal entity or public official.

Source: General Statutes § 53a-250 (9) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

Definition 3: “Person” means any natural person, corporation, partnership, limited liability

company, unincorporated business or other business entity.

Source: General Statutes § 53a-320 (1) (applies to §§ 53a-320 -- 53a-323).

Definition 4: “Person” means a natural person, corporation, limited liability company, trust,

partnership, incorporated or unincorporated association and any other legal or governmental

entity, including any state or municipal entity or public official.

Source: General Statutes § 53-451 (11) (applies to Internet Crimes).

PERSON SELECTED TO BE A PUBLIC SERVANT

“Person selected to be a public servant” means any person who has been nominated or appointed

to be a public servant.

Source: General Statutes § 53a-146 (9) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

PHYSICAL DISABILITY

“Physical disability” means any chronic physical handicap, infirmity or impairment, whether

congenital or resulting from bodily injury, organic processes or changes or from illness,

including, but not limited to, blindness, epilepsy, deafness or hearing impairment or reliance on a

wheelchair or other remedial appliance or device.

Source: General Statutes § 53a-181i (5) (applies to §§ 53a-181j -- 181l, Intimidation Based on

Bigotry or Bias)

PHYSICAL EVIDENCE

“Physical evidence” means any article, object, document, record or other thing of physical

substance which is or is about to be produced or used as evidence in an official proceeding.

Source: General Statutes § 53a-146 (8) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

PHYSICAL INJURY

“Physical injury” means impairment of physical condition or pain.

Source: General Statutes § 53a-3 (3) (applies to Penal Code).

Commentary: “The trial court’s jury instructions need not include a definition of pain, leaving

the jury to apply the common usage of the word.” (Internal quotation marks omitted.) State v.

Henderson, 37 Conn. App. 733, 743, cert. denied, 234 Conn. 912 (1995).

PHYSICALLY HELPLESS

“Physically helpless” means that a person is (A) unconscious, or (B) for any other reason, is

physically unable to resist an act of sexual intercourse or sexual contact or to communicate

unwillingness to an act of sexual intercourse of sexual contact.

Source: General Statutes § 53a-65 (6) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

Commentary: See State v. Fourtin, 307 Conn. 186, 211 (2012) (state presented insufficient

evidence that the complainant was either unconscious or so uncommunicative that she was

physically incapable of communicating her lack of consent); State v. Hufford, 205 Conn. 386,

398-99 (1987) (court improperly charged on physical helplessness because the victim had

repeatedly told the defendant to stop touching her, indicating that she was able to communicate

her unwillingness to the act); State v. Davis, 180 Conn. App. 799, 808-10 (victim need not be

physically helpless throughout entire assault), cert. denied, 328 Conn. 941 (2018); State v. Solek,

66 Conn. App. 72, 79 (victim was physically helpless at the time of the assault when defendant

murdered her and then sexually assaulted her), cert. denied, 258 Conn. 941 (2001).

PISTOL or REVOLVER

A “pistol” or “revolver” is any firearm having a barrel less than twelve inches.

Source: General Statutes § 53a-3 (18) (applies to Penal Code); General Statutes § 29-27 (applies

to §§ 29-28 -- 29-38).

Commentary: Whether operability of the pistol or revolver is a requirement of the offense

depends on whether the offense applies the definition in § 53a-3 (18) or § 29-27. The definition

in § 29-27 has been held not to incorporate the definition of “firearm” from § 53a-3 (19) and

therefore not to require operability. State v. Delossantos, 211 Conn. 258, 273-75, cert. denied,

493 U.S. 866, 110 S. Ct. 188, 107 L. Ed. 2d 142 (1989). This rationale was applied in State v.

Banks, 59 Conn. App. 112, 130-31, cert. denied, 254 Conn. 950 (2000), to find that operability is

not an element of § 53a-217c because that statute specifically refers to the definition of “pistol or

revolver” in § 29-27. See also State v. Slade, 97 Conn. App. 404, 410 n.6 (neither § 29-35 (a), §

29-38 (a), or § 53a-217c have operability as an element), cert. denied, 280 Conn. 931 (2006);

State v. Bradley, 39 Conn. App. 82, 90 (1995) (operability is not an element of § 29-38, but is an

element of § 53a-217), cert. denied, 236 Conn. 901 (1996); State v. Carpenter, 19 Conn. App.

48, 59 (operability is an element of § 53a-212 and § 53a-217), cert. denied, 213 Conn. 804

(1989). See glossary entry for “firearm.”

Failure to instruct on the barrel length of a pistol or revolver is reversible error. State v.

Norwood, 47 Conn. App. 586, 590 (1998) (having a pistol in a motor vehicle); State v. Hamilton,

30 Conn. App. 68, 74-78 (carrying a pistol without a permit), aff’d, 228 Conn. 234 (1994).

Direct numerical evidence of the length of the barrel of a firearm is not required. State v.

Rogers, 50 Conn. App. 467, 475, cert. denied, 247 Conn. 942 (1998); State v. Crosby, 36 Conn.

App. 805, 820-21, cert. denied, 232 Conn. 921 (1995).

POPPY STRAW

“Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

Source: General Statutes § 21a-240 (42) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: See Defining the Controlled Substance in the Introduction to Drugs.

POSSESS

“Possess” means to have physical possession or otherwise to exercise dominion or control over

tangible property.

Source: General Statutes § 53a-3 (2) (applies to Penal Code).

Commentary: See Possession, Instruction 2.11-1.

PRESCRIBE and PRESCRIPTION

“Prescribe” means order or designate a remedy or any preparation containing controlled

substances.

“Prescription” means a written, oral or electronic order for any controlled substance or

preparation from a licensed practitioner to a pharmacist for a patient.

Source: General Statutes § 21a-240 (44) and (45) (applies to Chapter 420b: Dependency

Producing Drugs, §§ 21a-240 -- 21a-283a). Public Acts 2009, No. 09-22, § 3, modified the

definition of “prescription” to include electronic orders, effective October 1, 2009.

Commentary: See Drug Transactions in the Introduction to Drugs.

PRIVATE PERSONAL DATA

“Private personal data” means data concerning a natural person which a reasonable person would

want to keep private and which is protectable under law.

Source: General Statutes § § 53a-250 (10) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

PRODUCTION

“Production” includes the manufacture, planting, cultivation, growing or harvesting of a

controlled substance.

Source: General Statutes § 21a-240 (46) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

PROHIBITED SEXUAL ACT

“Prohibited sexual act” means erotic fondling, nude performance, sexual excitement, sado-masochistic abuse, masturbation or sexual intercourse.

Source: General Statutes § 53a-193 (3) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

PROMOTE

“Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit,

publish, distribute, circulate, disseminate, present, exhibit, advertise, produce, direct or

participate in.

Source: General Statutes § 53a-193 (12) (applies to Part XX: Obscenity and Related Offenses,

§§ 53a-194 -- 53a-210).

PROPERTY

Definition 1: “Property” means any money, personal property, real property, thing in action,

evidence of debt or contract, or article of value of any kind. Commodities of a public utility

nature such as gas, electricity, steam and water constitute property, but the supplying of such a

commodity to premises from an outside source by means of wires, pipes, conduits or other

equipment shall be deemed a rendition of a service rather than a sale or delivery of property.

Source: General Statutes § 53a-118 (a) (1) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

This definition encompasses credit, i.e., the use of another person’s credit cards without

authorization, even if that person ultimately is not held financially responsible for the

unauthorized charges. See State v. Sweet, 214 Conn. App. 679, 689-92, cert. denied, 345 Conn.

920 (2022).

Definition 2: “Property” means anything of value, including data.

Source: General Statutes § 53a-250 (11) (applies to Part XXII: Computer-Related Offenses, §§

53a-251 -- 53a-261).

Definition 3: (2) “Property” means: (A) Real property; (B) computers and computer networks;

(C) financial instruments, computer data, computer programs, computer software and all other

personal property regardless of whether they are: (i) Tangible or intangible; (ii) in a format

readable by humans or by a computer; (iii) in transit between computers or within a computer

network or between any devices which comprise a computer; or (iv) located on any paper or in

any device on which it is stored by a computer or by a human; and (D) computer services.

Source: General Statutes § 53-451 (12) (applies to Internet Crimes).

PROSTITUTION, ADVANCING

A person “advances prostitution” when, acting other than as a prostitute or as a patron thereof,

(he/she) knowingly causes or aids a person to commit or engage in prostitution, procures or

solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates

or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any

other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

Source: General Statutes § 53a-85 (1) (applies to §§ 53a-86 -- 53a-89, Promoting Prostitution).

PROSTITUTION, PROFITING FROM

A person “profits from prostitution” when, acting other than as a prostitute receiving

compensation for personally rendered prostitution services, (he/she) accepts or receives money

or other property pursuant to an agreement or understanding with any person whereby (he/she)

participates or is to participate in the proceeds of prostitution activity.

Source: General Statutes § 53a-85 (2) (applies to §§ 53a-86 -- 53a-89, Promoting Prostitution).

PSYCHOTHERAPIST

“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.

Source: General Statutes § 53a-65 (9) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

PSYCHOTHERAPY

“Psychotherapy” means the professional treatment, assessment or counseling of a mental or

emotional illness, symptom or condition.

Source: General Statutes § 53a-65 (10) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

PUBLIC LAND

“Public land” means a state park, state forest or municipal park or any other publicly-owned land

that is open to the public for active or passive recreation.

Source: General Statutes § 53a-100 (a) (4) (applies to Part VIII: Burglary, Criminal Trespass,

Arson, Criminal Mischief, §§ 53a-101 -- 53a-117m).

PUBLIC SERVANT

“Public servant” is an officer or employee of government or a quasi-public agency, as defined in

section 1-120, elected or appointed, and any person participating as advisor, consultant or

otherwise, paid or unpaid, in performing a governmental function.

Source: General Statutes § 53a-146 (3) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

Commentary: “Public servant” can mean any government official. State v. Giorgio, 2 Conn.

App. 204, 209-10 (1984); see also State v. Guadalupe, 66 Conn. App. 819, 824 (2001), cert.

denied, 259 Conn. 907 (2002).

“Quasi-public agency” was added by Public Acts, Spec. Sess, June 11, 2008, No. 08-3, § 7,

effective October 1, 2008. General Statutes § 1-120 defines “quasi-public agency” as “the

Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Health

and Educational Facilities Authority, Connecticut Higher Education Supplemental Loan

Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut

Resources Recovery Authority, Capital City Economic Development Authority and Connecticut

Lottery Corporation.”

PUBLIC TRANSIT EMPLOYEE

“Public transit employee” means a person employed by the state, a political subdivision of the

state, a transit district formed under chapter 103a or a person with whom the Commissioner of

Transportation has contracted in accordance with section 13b-34 to provide transportation

services who operates a vehicle or vessel providing public rail service, ferry service or fixed

route bus service or performs duties directly related to the operation of such vehicle or vessel.

Source: General Statutes § 53a-167c (a) (applies only to § 53a-167c).

RAILROAD PROPERTY

“Railroad property” means all tangible property owned, leased or operated by a railroad carrier

including, but not limited to, a right-of-way, track, roadbed, bridge, yard, shop, station, tunnel,

viaduct, trestle, depot, warehouse, terminal or any other structure or appurtenance or equipment

owned, leased or used in the operation of a railroad carrier including a train, locomotive, engine,

railroad car, signals or safety device or work equipment or rolling stock.

Source: General Statutes § 53a-3 (23) (applies to Penal Code).

RECEIVE

Definition 1: To “receive” means to acquire possession, control or title, or to lend on the security

of the property.

Source: General Statutes § 53a-118 (a) (6) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

Definition 2: “Receives” or “receiving” means acquiring possession, custody or control.

Source: General Statutes § 53a-128a (i) (applies to Payment Card Crimes, §§ 53a-128b -- 128i).

RECKLESSLY

A person acts “recklessly” with respect to a result or to a circumstance described by a statute

defining an offense when (he/she) is aware of and consciously disregards a substantial and

unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of

such nature and degree that disregarding it constitutes a gross deviation from the standard of

conduct that a reasonable person would observe in the situation.

Source: General Statutes § 53a-3 (13) (applies to Penal Code).

Commentary: See Recklessness, Instruction 2.3-4.

RELATIVE

“Relative” means a parent, ancestor, brother, sister, uncle or aunt.

Source: General Statutes § 53a-91 (3) (applies to Part VII: Kidnapping and Related Offenses, §§

53a-92 -- 53a-99).

REPAYMENT

“Repayment” of any extension of credit includes the repayment, satisfaction or discharge, in

whole or in part, of any debt or claim, acknowledged or disputed, valid or invalid, resulting from

or in connection with such extension of credit.

Source: General Statutes § 53-389 (a) (4) (applies to Extortionate Credit Transactions, §§ 53-390

-- 53-392).

REPRESENTATIVE DRAWER

“Representative drawer” means a person who signs a check as drawer in a representative

capacity or as agent of the person whose name appears thereon as the principal drawer or

obligor.

Source: General Statutes § 53a-118 (a) (10) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

RESTRAIN

“Restrain” means to restrict a person’s movements intentionally and unlawfully in such a manner

as to interfere substantially with (his/her) liberty by moving (him/her) from one place to another,

or by confining (him/her) either in the place where the restriction commences or in a place to

which (he/she) has been moved, without consent. As used herein “without consent” means, but

is not limited to, (A) deception and (B) any means whatever, including acquiescence of the

victim, if (he/she) is a child less than sixteen years old or an incompetent person and the parent,

guardian or other person or institution having lawful control or custody of (him/her) has not

acquiesced in the movement or confinement.

Source: General Statutes § 53a-91 (1) (applies to Part VII: Kidnapping and Related Offenses, §§

53a-92 -- 53a-99).

Commentary: See glossary entry for “abduct.”

RESTRICTED DRUGS OR SUBSTANCES

“Restricted drugs or substances” are the following substances without limitation and for all

purposes: Datura stramonium; hyoscyamus niger; atropa belladonna, or the alkaloids atropine;

hyoscyamine; belladonnine; apatropine; or any mixture of these alkaloids such as daturine, or the

synthetic homatropine or any salts of these alkaloids, except that any drug or preparation

containing any of the above-mentioned substances which is permitted by federal food and drug

laws to be sold or dispensed without a prescription or written order shall not be a controlled

substance; amyl nitrite; the following volatile substances to the extent that said chemical

substances or compounds containing said chemical substances are sold, prescribed, dispensed,

compounded, possessed or controlled or delivered or administered to another person with the

purpose that said chemical substances shall be breathed, inhaled, sniffed or drunk to induce a

stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous

system: Acetone; benzene; butyl alcohol; butyl nitrate and its salts, isomers, esters, ethers or their

salts; cyclohexanone; dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane;

isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; methyl isobutyl ketone;

nitrous oxide; pentochlorophenol; toluene; toluol; trichloroethane; trichloroethylene; 1,4

butanediol.

Source: General Statutes § 21a-240 (49) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

REVOKED PAYMENT CARD

“Revoked payment card” means a payment card that is no longer valid because permission to use

it has been suspended or terminated by the issuer.

Source: General Statutes § 53a-128a (j) (applies to Payment Card Crimes, §§ 53a-128b -- 128i).

REVOLVER, see PISTOL or REVOLVER.

RIFLE

A “rifle” is a weapon designed or redesigned, made or remade, and intended to be fired from the

shoulder and designed or redesigned and made or remade to use the energy of the explosive in a

fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of

the trigger.

Source: General Statutes § 53a-3 (16) (applies to Penal Code).

Commentary: See glossary entry for “firearm.”

SADO-MASOCHISTIC ABUSE

“Sado-masochistic abuse” means flagellation or torture by or upon a person clad in

undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise

physically restrained on the part of one so clothed.

Source: General Statutes § 53a-193 (7) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

SALE

“Sale” is any form of delivery which includes barter, exchange or gift, or offer therefor, and each

such transaction made by any person whether as principal, proprietor, agent, servant or

employee.

Source: General Statutes § 21a-240 (50) (applies to Chapter 420b: Dependency Producing

Drugs, §§ 21a-240 -- 21a-283a).

Commentary: Under this definition, there is no requirement that the narcotics be delivered for

consideration. State v. Wassil, 233 Conn. 174, 193 (1995); State v. Theriault, 38 Conn. App.

815, 824-25, cert. denied, 235 Conn. 922 (1995). It is sufficient to define it as “any form of

delivery.” Id., 192.

There is a distinction between sale and possession with the intent to sell. State v. Estrada, 71

Conn. App. 344, 356-57, cert. denied, 261 Conn. 934 (2002). “A person may possess narcotics

without intending to sell them, or possess narcotics legally and sell them illegally, or sell

narcotics without possessing them, making the crimes different offenses. . . . The offense of

possession of a narcotic substance with intent to sell requires proof that the defendant possessed

a narcotic substance. There is no such requirement for the offense of the sale of a narcotic

substance.” (Citation omitted; internal quotation marks omitted.) State v. Mahon, 53 Conn.

App. 231, 235 (1999). “To prove sale of a narcotic substance, the state need not prove beyond a

reasonable doubt that the defendant knew the character of the substance. . . . [T]he state need not

prove that the defendant possessed the substance in question. . . . The state need only prove that

the defendant knowingly sold the substance to another person and that the substance sold was a

narcotic.” Id., 236.

SCHOOL EMPLOYEE

“School employee” means: (A) 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 middle or high school or working in a public or private elementary, or middle or

high school; or (B) any other person who, in the performance of his or her duties, has regular

contact with students and who provides services to or on behalf of students enrolled in (i) a

public elementary, middle or high school, pursuant to a contract with the local or regional board

of education, or (ii) a private elementary, middle or high school, pursuant to a contract with the

supervisory agent of such private school.

Source: General Statutes § 53a-65 (13) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

Public Acts 2009, No. 09-242, § 1, modified the definition, effective October 1, 2009, to add

subsection (B).

Commentary: See State v. McKenzie-Adams, 281 Conn. 486 (prohibition against sexual

intercourse between school employee and student does not violate constitutionally guaranteed

right of privacy), cert. denied, 552 U.S. 888, 128 S. Ct. 248, 169 L. Ed. 2d 148 (2007).

SERIOUS DISFIGUREMENT

“‘Disfigurement’ means impairment of or injury to the beauty, symmetry or appearance of a

person that renders the person unsightly, misshapen or imperfect, or deforms the person in some

manner, or otherwise causes a detrimental change in the external form of the person. ‘Serious

disfigurement’ is an impairment of or injury to the beauty, symmetry or appearance of a person

of a magnitude that substantially detracts from the person’s appearance from the perspective of

an objective observer. In assessing whether an impairment or injury constitutes serious

disfigurement, factors that may be considered include the duration of the disfigurement, as well

as its location, size, and overall appearance. Serious disfigurement does not necessarily have to

be permanent or in a location that is readily visible to others. The jury is not bound by any strict

formula in weighing these factors, as a highly prominent scar in a less visible location may

constitute serious disfigurement, just as a less prominent scar in a more visible location,

especially one’s face, may constitute serious disfigurement.” State v. Petion, 332 Conn. 472,

491-92 (2019) (one and one-half inch scar on victim’s forearm did not constitute serious physical

injury).

SERIOUS PHYSICAL INJURY

“Serious physical injury” is something more serious than mere physical injury, which is defined

as “impairment of physical condition or pain.” It is more than a minor or superficial injury. It is

defined by statute as “physical injury which creates a substantial risk of death, or which causes

serious disfigurement, serious impairment of health or serious loss or impairment of the function

of any bodily organ.”

Source: General Statutes § 53a-3 (4) (applies to Penal Code).

Commentary: The forms of “serious physical injury” are not distinct, alternative methods of

committing a crime. The jurors need only determine unanimously whether the victim suffered a

serious physical injury; they do not have to agree on which type of injury. State v. Wynter, 19

Conn. App. 654, 666, cert. denied, 213 Conn. 802 (1989).

Serious physical injury does not need to be permanent. State v. Denson, 67 Conn. App. 803,

811, cert. denied, 260 Conn. 915 (2002); see also State v. Irizarry, 190 Conn. App. 40, 48-49

(although permanence not required, lasting effects of injuries are relevant in assessing

seriousness; evidence that victim suffered fractured lower jaw that remained unhealed two years

later), cert. denied, 333 Conn. 913 (2019); State v. Aponte, 50 Conn. App. 114, 121 (1998)

(medical testimony that injuries put victim at risk of death at the time and temporarily impaired

her vision), rev’d in part on other grounds, 249 Conn. 735 (1999); State v. Rumore, 28 Conn.

App. 402, 415 (unconsciousness was a serious impairment), cert. denied, 224 Conn. 906 (1992);

but see State v. Rossier, 175 Conn. 204 (1978) (evidence of emotional trauma precipitated by

incident was insufficient to support conclusion that serious physical injury had been inflicted);

State v. Stepherson, 237 Conn. App. 65, 74-84 (2026) (insufficient evidence that six-centimeter

laceration on victim’s leg was serious physical injury on basis of either serious disfigurement,

serious impairment of health or serious impairment of bodily organ function; state presented no

testimony from victim or medical professional and introduced no other evidence showing

outcome and impact of injury over time).

SERVICE

“Service” includes, but is not limited to, labor, professional service, public utility and

transportation service, the supplying of hotel accommodations, restaurant services,

entertainment, and the supplying of equipment for use, but does not include school

accommodations provided by a school district to (A) a child or an emancipated minor, or (B) a

pupil eighteen years of age or older who was a homeless person at the time of the offense.

Source: General Statutes§ 53a-118 (a) (7) (applies to Part IX: Larceny, Robbery and Related

Offenses, §§ 53a-119 -- 53a-136a).

Commentary: “Homeless person” is defined in § 8-355 (3) as “means any person who does not

have overnight shelter or sufficient income or resources to secure such shelter.”

SEXUAL CONTACT

“Sexual contact” means (A) any contact with the intimate parts of a person 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 for the purpose of sexual gratification of

the actor or for the purpose of degrading or humiliating such person, or (B) for the purposes of

subdivision (3) of subsection (a) of section 53a-73a, any contact with the intimate parts of a dead

human body, or any contact of the intimate parts of the actor with a dead human body, for the

purpose of sexual gratification of the actor.

Source: General Statutes § 53a-65 (3) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

Commentary: “To have ‘sexual contact’ as defined by the statute it is irrelevant whether the

respondent’s contact with the victim was through clothing or with bare skin.” In re Mark. R., 59

Conn. App. 538, 542 (2000); State v. Eric T., 8 Conn. App. 607, 613 (1986).

In State v. Daren Y., 350 Conn. 393, 401-402 (2024), the Supreme Court held that, where the

information alleged that the defendant “plac[ed] his mouth on [the complainant’s] genitals,” the

complainant’s testimony that the defendant “blew air in her genital area” and that she felt the

defendant’s breath was insufficient to establish sexual contact.

The common-law marital exemption as a defense to compelled sexual intercourse was applied to

sexual contact in State v. Huey, 1 Conn. App. 724, 730-32 (1984), aff’d on other grounds, 199

Conn. 121 (1986), but the Appellate Court in State v. Scott, 11 Conn. App. 102, 118 n.6, cert.

denied, 204 Conn. 811 (1987), doubted the propriety of that assumption.

Effective October 1, 2019, No. 19-189 of the 2019 Public Acts repealed General Statutes § 53a-

70b, which criminalized sexual assault in a spousal or cohabiting relationship. Public Act 19-

189 simultaneously subjected married individuals to penalties for other sexual assault offenses

by repealing exemptions for such individuals from the statutory definitions of “sexual contact”

and “sexual intercourse.” An individual who sexually assaults his or her spouse now “may be

charged, depending on the circumstances, with first or third degree sexual assault, aggravated

first degree sexual assault, second degree sexual assault, or third degree sexual assault with a

firearm, for compelling his or her spouse to submit to sexual contact or intercourse by force or

threatened force (i.e., the actions for which he or she may [have been] charged with sexual

assault in a spousal or cohabiting relationship under [preexisting] law).” OLR Bill Analysis,

sHB 7396, as amended by House “A” (May 25, 2019).

On the application of this definition to § 53-21, Risk of Injury to Minors, see discussion of State

v. James G., 268 Conn. 382, 412-16 (2004) in Introduction to Risk of Injury to a Minor.

SEXUAL CONTACT WITH AN ANIMAL

“Sexual contact with an animal” means: (A) Any act between a person and an animal that

involves contact between a sex organ or anus of one and the mouth, anus or a sex organ of the

other; (B) a person touching or fondling a sex organ or anus of an animal, either directly or

through clothing, without a bona fide veterinary or animal husbandry purpose; (C) any

intentional transfer or transmission of semen by a person upon any part of an animal; or (D) the

insertion, however slight, of any part of a person’s body or any object into the vaginal or anal

opening of an animal, without a bona fide veterinary or animal husbandry purpose, or the

insertion of any part of the animal’s body into the vaginal or anal opening of the person.

Source: General Statutes § 53a-65 (15) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

“Animal” has the same meaning as provided in General Statutes § 22-327.

Source: General Statutes § 53a-65 (14) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

SEXUAL EXCITEMENT

“Sexual excitement” means the condition of human male or female genitals when in a state of

sexual stimulation or arousal.

Source: General Statutes § 53a-193 (6) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

SEXUAL INTERCOURSE

Definition 1: “Sexual intercourse” means vaginal intercourse, anal intercourse, fellatio or

cunnilingus1 between persons regardless of sex. 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 complainant’s body.

Source: General Statutes § 53a-65 (2) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

_______________________

1 “Cunnilingus” means “sexual stimulation of the clitoris or vulva by the lips or tongue.” State v.

Kish, 186 Conn. 757, 764 (1982).

Commentary: The definition of sexual intercourse includes four alternative means of performing

sexual intercourse that are not conceptually distinct. See State v. Anderson, 211 Conn. 18, 35

(1989) (“[t]he several ways in which sexual intercourse may be committed under General

Statutes § 53a-65 (2) are only one conceptual offense”); see also State v. Griffin, 97 Conn. App.

169, 181-85 (the court’s instruction that sexual intercourse included vaginal intercourse or

cunnilingus did not constitute a non-unanimous instruction of two conceptually distinct

alternatives), cert. denied, 280 Conn. 925 (2006). Nevertheless, where the state alleges multiple,

separate instances of sexual intercourse in a single count, the jury must unanimously agree on

which particular instance occurred to return a guilty verdict. See State v. Joseph V., 345 Conn.

516, 551-52 (2022) (reversing conviction where information alleged a single count of sexual

assault in the first degree, final charge did not contain a specific unanimity instruction, and state

presented testimony of four separate instances of sexual intercourse, each of which occurred on

different dates, at different times, and in different locations).

“[T]he phrase ‘penetration, however slight,’ evinced an intent to incorporate, into our statutory

law, the common-law least penetration doctrine.” State v. Albert, 252 Conn. 795, 804 (2000)

(concluding that penetration, however slight, of the external genitalia is sufficient to constitute

vaginal intercourse). Albert has a lengthy discussion of the legislative history of this definition.

See also State v. David N.J., 301 Conn. 122, 154-60 (2011) (supplemental instruction on the

meaning of penetration).

In State v. Scott, 256 Conn. 517, 529 (2001), the Supreme Court held that the trial court’s failure

to instruct the jury that penetration is an element of the crime of sexual assault in the first degree

by fellatio deprived the defendant of a fair trial. The court concluded that “the penetration

requirement is met, for purposes of first degree sexual assault by fellatio, when a perpetrator

forcibly inserts his penis into the victim’s mouth. . . . The act of licking a penis, by contrast,

does not satisfy the penetration element of §§ 53a-70 and 53a-65 (2).” Id., 534-35.

“Penetration” is not an element where the state alleges cunnilingus. State v. Kish, supra, 186

Conn. 762-66. The Supreme Court has defined cunnilingus as the “sexual stimulation of the

clitoris or vulva by the lips or tongue.” Id., 764. To establish that the defendant engaged in

cunnilingus, there must be evidence of contact, either directly or through clothing, between the

complainant’s genitals and the defendant’s tongue, lips, or mouth. Thus, in State v. Daren Y.,

350 Conn. 393, 402-403 (2024), the Supreme Court held that the complainant’s testimony that

the defendant had blown air in her genital area and that the complainant had felt the defendant’s

breath was insufficient.

Effective October 1, 2019, No. 19-189 of the 2019 Public Acts repealed General Statutes § 53a-

70b, which criminalized sexual assault in a spousal or cohabiting relationship. Public Act 19-

189 simultaneously subjected married individuals to penalties for other sexual assault offenses

by repealing exemptions for such individuals from the statutory definitions of “sexual contact”

and “sexual intercourse.” An individual who sexually assaults his or her spouse now “may be

charged, depending on the circumstances, with first or third degree sexual assault, aggravated

first degree sexual assault, second degree sexual assault, or third degree sexual assault with a

firearm, for compelling his or her spouse to submit to sexual contact or intercourse by force or

threatened force (i.e., the actions for which he or she may [have been] charged with sexual

assault in a spousal or cohabiting relationship under [preexisting] law).” OLR Bill Analysis,

sHB 7396, as amended by House “A” (May 25, 2019).

Definition 2: “Sexual intercourse” means intercourse, real or simulated, whether genital-genital,

oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or

between a human and an animal, or with an artificial genital.

Source: General Statutes § 53a-193 (9) (applies to Part XX: Obscenity and Related Offenses, §§

53a-194 -- 53a-210).

SEXUALLY EXPLICIT CONDUCT

“Sexually explicit conduct” means actual or simulated (A) sexual intercourse, including

genital-genital, oral-genital, anal-genital or oral-anal physical contact, whether between persons

of the same or opposite sex, or with an artificial genital, (B) bestiality, (C) masturbation, (D)

sadistic or masochistic abuse, or (E) lascivious exhibition of the genitals or pubic area of any

person.

Source: General Statutes § 53a-193 (14) (applies to Part XX: Obscenity and Related Offenses,

§§ 53a-194 -- 53a-210).

SHOTGUN

A “shotgun” is a weapon designed or redesigned, made or remade, and intended to be fired from

the shoulder and designed or redesigned and made or remade to use the energy of the explosive

in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single

projectile for each single pull of the trigger.

Source: General Statutes § 53a-3 (17) (applies to Penal Code).

Commentary: See glossary entry for “firearm.” A “sawed-off shotgun” is a shotgun with a

barrel that measures less than eighteen inches or an overall length of less than twenty-six inches.

General Statutes § 53a-211.

SLUG

“Slug” means an object or article which, by virtue of its size, shape or any other quality, is

capable of being inserted or deposited in a coin machine as an improper substitute for a genuine

coin, bill or token.

Source: General Statutes § 53a-143 (2) (applies to §§ 53a-144 -- 53a-145, Unlawfully Using

Slugs).

THERAPEUTIC DECEPTION

“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.

Source: General Statutes § 53a-65 (12) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

UNLAWFULLY

“Unlawfully” means not specifically authorized by law.

Source: General Statutes § 53a-187 (a) (3) (applies to § 53a-188, Tampering with Private

Communications, and § 53a-189, Eavesdropping).

USE OF FORCE

“Use of force” means: (A) use of a dangerous instrument; or (B) use of actual physical force or

violence or superior physical strength against another person.

Source: General Statutes § 53a-65 (7) (applies to Part VI: Sex Offenses, §§ 53a-67 -- 53a-90a).

USES A COMPUTER

A person “uses” a computer or computer network when such person <insert as appropriate:>:

• attempts to cause or causes a computer or computer network to perform or to stop

performing computer operations,

• attempts to cause or causes the withholding or denial of the use of a computer,

computer network, computer program, computer data or computer software to another

user, or

• attempts to cause or causes another person to put false information into a computer.

Source: General Statutes § 53-451 (13) (applies to Internet Crimes).

VALUE (OF A SLUG)

“Value” of a slug means the value of the coin, bill or token for which it is capable of being

substituted.

Source: General Statutes § 53a-143 (3) (applies to §§ 53a-144 -- 53a-145, Unlawfully Using

Slugs).

VEHICLE, see MOTOR VEHICLE.

VISUAL DEPICTION

“Visual depiction” includes undeveloped film and videotape and data, as defined in subdivision

(8) of section 53a-250, that is capable of conversion into a visual image and includes encrypted

data.

Source: General Statutes § 53a-193 (15) (applies to Part XX: Obscenity and Related Offenses,

§§ 53a-194 -- 53a-210).

Commentary: General Statutes § 53a-250 (8) defines “data” as “information of any kind in any

form, including computer software.”

WIRETAPPING

“Wiretapping” means the intentional overhearing or recording of a telephonic or telegraphic

communication or a communication made by cellular radio telephone by a person other than a

sender or receiver thereof, without the consent of either the sender or receiver, by means of any

instrument, device or equipment. The normal operation of a telephone or telegraph corporation

and the normal use of the services and facilities furnished by such corporation pursuant to its

tariffs shall not be deemed wiretapping.

Source: General Statutes § 53a-187 (a) (1) (applies to § 53a-188, Tampering with Private

Communications, and § 53a-189, Eavesdropping).

WITHOUT AUTHORITY

A person is “without authority” when such person <insert as appropriate:>

• has no right or permission of the owner to use a computer or such person uses a

computer in a manner exceeding such right or permission, or

• uses a computer, a computer network or the computer services of an electronic mail

service provider to transmit unsolicited bulk electronic mail in contravention of the

authority granted by or in violation of the policies set by the electronic mail service

provider.

Transmission of electronic mail from an organization to its members shall not be deemed to be

unsolicited bulk electronic mail.

Source: General Statutes § 53-451 (14) (applies to Internet Crimes).

WITNESS

“Witness” is any person summoned, or who may be summoned, to give testimony in an official

proceeding.

Source: General Statutes § 53a-146 (6) (applies to Part XI: Bribery, Offenses against the

Administration of Justice and Other Related Offenses, §§ 53a-147 -- 53a-167d).

WRITTEN INSTRUMENT

“Written instrument” means any instrument or article containing written or printed matter or the

equivalent thereof, used for the purpose of reciting, embodying, conveying or recording

information or constituting a symbol or evidence of value, right, privilege or identification,

which is capable of being used to the advantage or disadvantage of some person.

Source: General Statutes § 53a-137 (1) (applies to Part X: Forgery and Related Offenses, §§ 53a-

138 -- 53a-145).

INDEX BY STATUTE

STATUTE OFFENSE INSTRUCTION

§ 14-215 (a) and (c) Operation while Registration or License is

Refused, Suspended or Revoked

8.3-3

§ 14-215 (c) Operation without an Ignition Interlock

Device

8.3-9

§ 14-222 (a) Reckless Driving (Speed Not Greater Than One

Hundred Miles Per Hour)

8.3-7

§ 14-222 (b) Reckless Driving (Speed Greater Than One

Hundred Miles Per Hour)

8.3-8

§ 14-222a Negligent Homicide with a Motor Vehicle 5.3-3

§ 14-223 (b) Disobeying an Officer’s Signal 8.3-10

§ 14-224 (a) and (b) Evading Responsibility 8.3-4

§ 14-224 (c) Street Racing or Takeover 8.3-11

§ 14-227a Driving Under the Influence 8.3-1

§ 14-227g Driving Under the Influence, Under 21 Years

Old

8.3-2

§ 21a-108 (1) Obtaining Prescription Drugs by Fraud 8.1-13

§ 21a-108 (2) Illegal Sale or Possession of Prescription Drugs 8.1-14

§ 21a-266 (a) Obtaining a Controlled Substance by Fraud 8.1-11

§ 21a-267 (a) Use of or Possession with Intent to Use Drug

Paraphernalia

8.1-9

§ 21a-267 (b) Drug Paraphernalia: Delivering 8.1-10

§ 21a-268 Misrepresenting Substance as Controlled 8.1-12

§ 21a-277 (a) and (b) Sale or Possession with Intent to Sell a

Controlled Substance

8.1-1

§ 21a-277 (c) Possession of Drug Paraphernalia in a Drug

Factory Situation

8.1-8

§ 21a-278 (a) and (b) Sale or Possession with Intent to Sell a

Controlled Substance by a

Non-Drug-Dependent Person

8.1-2

§ 21a-278a (a) Illegal Distribution of a Controlled Substance

to a Minor

8.1-3

§ 21a-278a (b) Illegal Distribution of a Controlled Substance

near School, Public Housing, or Day Care

Center

8.1-5

§ 21a-278a (c) Employment of Minors in the Illegal

Distribution of a Controlled Substance

8.1-6

§ 21a-279 Illegal Possession 8.1-7

§ 29-33 (a) Improper Sale, Delivery or Transfer of Pistol

or Revolver

8.2-1

§ 29-33 (b) Purchasing a Pistol or Revolver without a

Permit

8.2-2

§ 29-34 (a) False Statement or Information in Connection

with Sale or Transfer of a Pistol or Revolver

8.2-3

§ 29-34 (b) Sale or Transfer of Pistol or Revolver to

Person under 21 Years of Age

8.2-4

§ 29-35 (a) (1) Carrying a Pistol or Revolver without Permit 8.2-19

§ 29-35 (a) (2) Carrying a Firearm with Intent to Display 8.2-20

§ 29-36 Altering of Firearm Identification Mark 8.2-6

§ 29-36a (a) & (d) Manufacture or Transfer of a Firearm

without a Unique Serial Number or Other

Mark of Identification

8.2-9

§ 29-37e False statement or information in connection

with sale or transfer of a firearm

8.2-3

§ 29-37j Purchase of Firearm with Intent to Transfer it

to Person Prohibited from Purchasing or

Possessing

8.2-5

§ 29-38 Weapons in Vehicles 8.2-16

§ 29-38g Storing or Keeping a Pistol or Revolver in an

Unattended Motor Vehicle

8.2-31

§ 29-38m (b) Sale of Ammunition or Ammunition

Magazine to a Minor

8.2-43

§ 29-38m (c) Illegal Sale of Ammunition or

Ammunition Magazine

8.2-44

§ 38a-287 Defrauding Life or Accident Insurance

Companies

10.6-1

§ 53-20 (a) (1) Cruelty to Persons 6.9-2

§ 53-21 (a) (1) Risk of Injury to a Minor (Situation Prong) 6.11-1

§ 53-21 (a) (1) Risk of Injury to a Minor (Act Prong) 6.11-2

§ 53-21 (a) (2) Risk of Injury to a Minor (Sexual Contact) 6.11-3

§ 53-21 (a) (3) Sale or Buying of a Child 6.11-4

§ 53-21a (a) Leaving Child Unsupervised in Place of Public

Accommodation or Motor Vehicle

6.11-7

§ 53-21a (b) Leaving Child Unsupervised in Place of Public

Accommodation Holding Permit for Sale of

Alcoholic Liquor for Consumption on Premises

6.11-8

§ 53-21a (c) Leaving Child Unsupervised in Place of Public

Accommodation or Motor Vehicle between 8:00

p.m. and 6:00 a.m.

6.11-9

§ 53-21a (d) Knowingly Failing to Report Disappearance of

Child

6.11-10

§ 53-23 Abandoning a Child under 6 Years of Age 6.11-5

§ 53-23a Hazing 8.9-5

§ 53-80a Manufacture of Bombs 8.2-39

§ 53-142a Illegal Sale or Possession of Master Car Key 8.3-6

§ 53-164 Escape from Certain Institutions 8.9-2

§ 53-202 Machine Guns 8.2-18

§ 53-202b Sale or Transfer of Assault Weapon 8.2-33

§ 53-202c Possession of Assault Weapon 8.2-34

§ 53-202f Transportation of Assault Weapon 8.2-35

§ 53-202j Commission of a Class A, B, or C Felony with

an Assault Weapon

2.11-5

§ 53-202k Commission of a Class A, B, or C Felony with

a Firearm

2.11-5

§ 53-202l (b) Sale or Transfer of Armor Piercing or

Incendiary Ammunition

8.2-41

§ 53-202l (c) Transporting or Carrying Armor Piercing or

Incendiary Ammunition

8.2-42

§ 53-202o Affirmative Defense to Possession of Assault

Weapon

8.2-36

§ 53-202aa Firearms Trafficking 8.2-40

§ 53-203 Unlawful Discharge of Firearm 8.2-26

§ 53-205 Loaded Firearms in Vehicles and

Snowmobiles

8.2-17

§ 53-206 Carrying Dangerous Weapons 8.2-21

§ 53-206c (b) Sale of a Facsimile Firearm 8.2-7

§ 53-206c (c) Carrying or Brandishing Facsimile Firearm in

a Threatening Manner

8.2-23

§ 53-206c (d) Brandishing Facsimile Firearm in the Presence

of an Officer

8.2-24

§ 53-206d (a) Carrying a Firearm while Intoxicated 8.2-22

§ 53-206d (b) Hunting while Intoxicated 8.2-30

§ 53-206g Sale, Possession, Use or Manufacture of a Rate

of Fire Enhancement

8.2-32

§ 53-206i Manufacture of an Undetectable, Polymer

Plastic Firearm

8.2-8

§ 53-206j (c) (1) Sale, Delivery or Transfer of an Unfinished

Frame or Lower Receiver of a Firearm

8.2-10

§ 53-206j (f) Unlawful Possession of an Unfinished Frame or

Lower Receiver of a Firearm

8.2-25

§ 53-206k Illegal Sale or Transfer of an Electronic Defense

Weapon

8.2-11

§ 53-247 Cruelty to Animals 8.9-8

§ 53-341b Sale or Delivery of Body Armor 8.2-38

§ 53-390 Extortionate Extension of Credit 10.2-18

§ 53-391 Advancing Money for Extortionate Extension

of Credit

10.2-19

§ 53-392 Participation or Conspiracy in use of

Extortionate Means

10.2-20

§ 53-395 (c) Corrupt Organizations and Racketeering

Activity (CORA)

8.8-1

§ 53-442 Health Insurance Fraud 10.6-2

§ 53-451 (b) Unauthorized Use of a Computer or Computer

Network

10.5-1

§ 53-451 (c) Unlawful Sale or Distribution of Certain

Software

10.5-2

§ 53a-7 Intoxication 2.7-1

§ 53a-8 (a) Accessories and Accomplices 3.1-1

§ 53a-8 (b) Vicarious Liability for Providing a Firearm 3.1-4

§ 53a-10 (a) Renunciation of Criminal Purpose (Accessory) 3.1-2

§ 53a-13 Lack of Capacity 2.9-2

§ 53a-14 Duress 2.7-3

§ 53a-15 Entrapment 2.7-4

§ 53a-16a Inoperability of Firearm 2.9-3

§ 53a-16b Unarmed Coparticipant 2.9-4

§ 53a-19 Self-Defense and Defense of Others 2.8-1

§ 53a-19 (b) Exceptions to Use of Deadly Physical Force:

Duty to Retreat, Surrender Property, Comply

with Demand

2.8-3

§ 53a-19 (c) Exceptions to Justification: Provocation,

Initial Aggressor, Combat by Agreement

2.8-2

§ 53a-20 Defense of Premises 2.8-4

§ 53a-21 Defense of Personal Property 2.8-5

§ 53a-22 (c) Use of Physical Force by Peace Officer in

Making Arrest or Preventing Escape

2.8-6

§ 53a-22 (d) Use of Physical Force by Private Person at the

Request of a Peace Officer in Making Arrest

or Preventing Escape

2.8-7

§ 53a-22 (f) Use of Physical Force by Private Person to

Make an Arrest

2.8-8

§ 53a-23 Resisting Arrest by Physical Force 2.8-9

§ 53a-40 Persistent Offenders 2.12-1

§ 53a-40a Persistent Offenders of Certain Crimes

Involving Bigotry and Bias

2.12-1

§ 53a-40b Commission of a Crime while on Release 2.12-3

§ 53a-40d Persistent Offenders of Certain Crimes

Involving Assault, Stalking, Trespassing,

Threatening, Harassment, Criminal Violation

of a Protective Order or Criminal Violation of

a Restraining Order

2.12-1

§ 53a-40f Persistent Operating while under the Influence

Felony Offender

2.12-1

§ 53a-48 (a) Conspiracy 3.3-1

§ 53a-48 (b) Renunciation of Criminal Purpose

(Conspiracy)

3.3-2

§ 53a-49 (a) (1) Attempt 3.2-1

§ 53a-49 (a) (2) Attempt 3.2-2

§ 53a-49 (c) Renunciation of Criminal Purpose (Attempt) 3.2-3

§ 53a-54a (a) Murder 5.1-1

§ 53a-54a (a) Affirmative Defense of Extreme Emotional

Disturbance

5.2-1

§ 53a-54b Capital Felony or Murder with Special

Circumstances

5.5-1

§ 53a-54c Felony Murder 5.4-1

§ 53a-54c Affirmative Defense to Felony Murder 5.4-2

§ 53a-54d Arson Murder 5.4-3

§ 53a-55 (a) (1) Manslaughter in the First Degree (Intentional) 5.1-2

§ 53a-55 (a) (2) Manslaughter in the First Degree (Extreme

Emotional Distress)

5.2-1

§ 53a-55 (a) (3) Manslaughter in the First Degree (Reckless

Indifference)

5.1-3

§ 53a-55a Manslaughter in the First Degree with a

Firearm

5.1-5

§ 53a-56 (a) (1) Manslaughter in the Second Degree 5.1-4

§ 53a-56 (a) (2) Manslaughter in the Second Degree (Aiding

Suicide)

5.1-7

§ 53a-56a Manslaughter in the Second Degree with a

Firearm

5.1-5

§ 53a-56b Manslaughter in the Second Degree with a

Motor Vehicle

5.3-1

§ 53a-57 Misconduct with a Motor Vehicle 5.3-2

§ 53a-58 Criminally Negligent Homicide 5.1-6

§ 53a-59 (a) (1) Assault in the First Degree (Deadly Weapon or

Dangerous Instrument)

6.1-1

§ 53a-59 (a) (2) Assault in the First Degree (Maiming) 6.1-2

§ 53a-59 (a) (3) Assault in the First Degree (Reckless

Indifference)

6.1-3

§ 53a-59 (a) (4) Assault in the First Degree (Aided by Two or

More Persons)

6.1-4

§ 53a-59 (a) (5) Assault in the First Degree (Discharge of a

Firearm)

6.1-5

§ 53a-59a Assault of an Elderly, Blind, Disabled,

Pregnant or Intellectually Disabled Person in

the First Degree

6.1-6

§ 53a-59b Assault of an Employee of the Department of

Correction in the First Degree

6.1-7

§ 53a-59c Assault of a Pregnant Woman Resulting in

Termination of Pregnancy

6.1-8

§ 53a-60 (a) (1) Assault in the Second Degree (Serious Physical

Injury)

6.1-9

§ 53a-60 (a) (2) Assault in the Second Degree (Intentional with

a Deadly Weapon)

6.1-10

§ 53a-60 (a) (3) Assault in the Second Degree (Reckless with a

Deadly Weapon)

6.1-11

§ 53a-60 (a) (4) Assault in the Second Degree (Administration

of Stupefying Drugs)

6.1-12

§ 53a-60 (a) (5) Assault in the Second Degree (Board of Parole

Employee or Member)

6.1-13

§ 53a-60 (a) (6) Assault in the Second Degree (Knockout) 6.1-14

§ 53a-60 (a) (7) Assault in the Second Degree (Striking/Kicking

Head of Prone Person)

6.1-15

§ 53a-60a Assault in the Second Degree with a Firearm 6.1-16

§ 53a-60b Assault of an Elderly, Blind, Disabled,

Pregnant or Intellectually Disabled Person in

the Second Degree

6.1-6

§ 53a-60c Assault of an Elderly, Blind, Disabled,

Pregnant or Intellectually Disabled Person in

the Second Degree with a Firearm

6.1-6

§ 53a-60d Assault in the Second Degree with a Motor

Vehicle

6.1-17

§ 53a-61 (a) (1) Assault in the Third Degree (Physical Injury) 6.1-18

§ 53a-61 (a) (2) Assault in the Third Degree (Reckless) 6.1-19

§ 53a-61 (a) (3) Assault in the Third Degree (Deadly Weapon) 6.1-20

§ 53a-61a Assault of an Elderly, Blind, Disabled,

Pregnant or Intellectually Disabled Person in

the Third Degree

6.1-6

§ 53a-61aa (a) (1) (A)

and (a) (2) (A)

Threatening in the First Degree (Intentional) 6.2-1

§ 53a-61aa (a) (1) (B)

and (a) (2) (B)

Threatening in the First Degree (Reckless) 6.2-2

§ 53a-61aa (a) (3) Threatening in the First Degree (With a

Firearm)

6.2-4

§ 53a-62 Threatening in the Second Degree 6.2-3

§ 53a-63 Reckless Endangerment in the First Degree 6.3-1

§ 53a-64 Reckless Endangerment in the Second Degree 6.3-2

§ 53a-64aa Strangulation/Suffocation in the First Degree 6.13-1

§ 53a-64bb Strangulation/Suffocation in the Second Degree 6.13-2

§ 53a-64cc Strangulation/Suffocation in the Third Degree 6.13-3

§ 53a-67 Affirmative Defense to Sexual Assault 7.1-13

§ 53a-70 (a) (1) Sexual Assault in the First Degree 7.1-1

§ 53a-70 (a) (2) Sexual Assault in the First Degree 7.1-2

§ 53a-70 (a) (3) Sexual Assault in the First Degree 7.1-3

§ 53a-70 (a) (4) Sexual Assault in the First Degree 7.1-4

§ 53a-70a Aggravated Sexual Assault in the First Degree 7.1-5

§ 53a-70c Aggravated Sexual Assault of a Minor 7.1-14

§ 53a-71 Sexual Assault in the Second Degree 7.1-6

§ 53a-72a (a) (1) Sexual Assault in the Third Degree 7.1-7

§ 53a-72a (a) (2) Sexual Assault in the Third Degree 7.1-8

§ 53a-72a (a) (3) Sexual Assault in the Third Degree 7.1-9

§ 53a-72b Sexual Assault in the Third Degree with a

Firearm

7.1-10

§ 53a-73a (a) (1) and

(a) (3) through (9)

Sexual Assault in the Fourth Degree 7.1-11

§ 53a-73 (a) (2) Sexual Assault in the Fourth Degree 7.1-12

§ 53a-73b Sexual Assault of an Animal 7.1-15

§ 53a-82 Prostitution 7.3-1

§ 53a-83 Soliciting Sexual Acts 7.3-2

§ 53a-83a Patronizing a Prostitute from Motor Vehicle 7.3-3

§ 53a-83b (a) (1) and

(2)

Commercial Sexual Abuse of a Minor 7.6-3

§ 53a-83b (a) (3) Commercial Sexual Abuse of a Minor 7.6-4

§ 53a-86 (a) (1) Promoting Prostitution in the First Degree

(Coercion)

7.3-4

§ 53a-86 (a) (2) Promoting Prostitution in the First Degree (By

a Minor)

7.3-5

§ 53a-87 Promoting Prostitution in the Second Degree 7.3-6

§ 53a-88 Promoting Prostitution in the Third Degree 7.3-7

§ 53a-89 Permitting Prostitution 7.3-8

§ 53a-90a Enticing a Minor 7.6-1

§ 53a-90b Misrepresentation of Age to Entice a Minor 7.6-2

§ 53a-92 (a) (1) Kidnapping in the First Degree (Ransom) 6.5-1

§ 53a-92 (a) (2) Kidnapping in the First Degree 6.5-2

§ 53a-92a Kidnapping with a Firearm 6.5-4

§ 53a-94 Kidnapping in the Second Degree 6.5-3

§ 53a-94a Kidnapping with a Firearm 6.5-4

§ 53a-95 Unlawful Restraint in the First Degree 6.5-5

§ 53a-96 Unlawful Restraint in the Second Degree 6.5-6

§ 53a-97 Custodial Interference in the First Degree 6.6-1

§ 53a-98 (a) (1) Custodial Interference in the Second Degree 6.6-2

§ 53a-98 (a) (2) Custodial Interference in the Second Degree 6.6-3

§ 53a-98 (a) (3) Custodial Interference in the Second Degree 6.6-4

§ 53a-99 Substitution of Children 6.11-6

§ 53a-100aa Home Invasion 9.2-8

§ 53a-101 (a) (1) and

(2)

Burglary in the First Degree 9.2-1

§ 53a-101 (a) (3) Burglary in the First Degree 9.2-2

§ 53a-102 Burglary in the Second Degree 9.2-3

§ 53a-102a Burglary with a Firearm in the Second Degree 9.2-5

§ 53a-103 Burglary in the Third Degree 9.2-4

§ 53a-103a Burglary with a Firearm in the Third Degree 9.2-5

§ 53a-104 Affirmative Defense to Burglary 9.2-6

§ 53a-106 Manufacturing or Possession of Burglar’s

Tools

9.2-7

§ 53a-107 (a) (1) and

(4)

Criminal Trespass in the First Degree 9.4-1

§ 53a-107 (a) (2) and

(3)

Criminal Trespass in the First Degree 9.4-2

§ 53a-108 Criminal Trespass in the Second Degree 9.4-3

§ 53a-109 Criminal Trespass in the Third Degree 9.4-4

§ 53a-110 Affirmative Defenses to Criminal Trespass 9.4-5

§ 53a-111 Arson in the First Degree 9.3-1

§ 53a-112 (a) (1) Arson in the Second Degree 9.3-2

§ 53a-112 (a) (2) Arson in the Second Degree 9.3-3

§ 53a-113 Arson in the Third degree 9.3-4

§ 53a-114 Reckless Burning 9.3-5

§ 53a-115 (a) (1) and

(5)

Criminal Mischief in the First Degree 9.5-1

§ 53a-115 (a) (2) Criminal Mischief in the First Degree 9.5-2

§ 53a-115 (a) (3) Criminal Mischief in the First Degree 9.5-3

§ 53a-115 (a) (4) Criminal Mischief in the First Degree 9.5-4

§ 53a-116 (a) (1) and

(3)

Criminal Mischief in the Second Degree 9.5-5

§ 53a-116 (a) (2) Criminal Mischief in the Second Degree 9.5-6

§ 53a-117 (a) (1) Criminal Mischief in the Third Degree 9.5-7

§ 53a-117 (a) (2) Criminal Mischief in the Third Degree 9.5-8

§ 53a-117a (a) (1) Criminal Mischief in the Fourth Degree 9.5-9

§ 53a-117a (a) (2) Criminal Mischief in the Fourth Degree 9.5-10

§ 53a-117e Criminal Damage of Landlord’s Property in

the First Degree

9.5-11

§ 53a-117f Criminal Damage of Landlord’s Property in

the Second Degree

9.5-11

§ 53a-117g Criminal Damage of Landlord’s Property in

the Third Degree

9.5-11

§ 53a-119 Larceny 9.1-1

§ 53a-119 (1) Larceny by Embezzlement 9.1-6

§ 53a-119 (2) Larceny by Obtaining Property by False

Pretenses

9.1-7

§ 53a-119 (3) Larceny by Obtaining Property by False

Promise

9.1-8

§ 53a-119 (4) Larceny by Acquiring Property Lost, Mislaid

or Delivered by Mistake

9.1-10

§ 53a-119 (5) Larceny by Extortion 9.1-11

§ 53a-119 (6) (A) and

(B)

Larceny by Defrauding Public Community 9.1-12

§ 53a-119 (6) (C) Larceny by Defrauding Public Community 9.1-13

§ 53a-119 (7) Larceny by Theft of Services 9.1-14

§ 53a-119 (8) Larceny by Receiving Stolen Property 9.1-15

§ 53a-119 (9) Larceny by Shoplifting 9.1-16

§ 53a-119 (10) Larceny by Conversion of a Motor Vehicle 9.1-18

§ 53a-119 (11) Larceny by Obtaining Property Through

Fraudulent Use of an Automated Teller

Machine

9.1-19

§ 53a-119 (12) Larceny by Library Theft 9.1-20

§ 53a-119 (13) Larceny by Conversion of Leased Personal

Property

9.1-21

§ 53a-119 (14) Larceny by Failure to Pay Prevailing Rate of

Wages

9.1-22

§ 53a-119 (15) Larceny by Theft of Utility Service 9.1-23

§ 53a-119b (a) and (b) Using Motor Vehicle or Vessel without the

Owner’s Permission

9.1-28

§ 53a-119b (c) (1) Interfering or Tampering with a Motor

Vehicle

9.1-29

§ 53a-119b (c) (2) Interfering or Tampering with a Motor

Vehicle

9.1-30

§ 53a-122 Larceny in the First Degree See Larceny

§ 53a-122 (a) (3) Larceny of a Motor Vehicle in the First Degree 9.1-4

§ 53a-123 (a) (1) Larceny of a Motor Vehicle in the Second

Degree

9.1-4

§ 53a-123 (a) (2) Larceny in the Second Degree See Larceny

§ 53a-123 (a) (3) Larceny from the Person in the Second Degree 9.1-5

§ 53a-123 (a) (4) Larceny by Defrauding Public Community 9.1-12

§ 53a-123 (a) (5) Larceny of an Elderly, Blind, or Physically

Disabled Person in the Second Degree

9.1-9

§ 53a-124 Larceny in the Third Degree See Larceny

§ 53a-124 (a) (1) Larceny of a Motor Vehicle in the Third

Degree

9.1-4

§ 53a-124 (a) (3) Larceny of a Public Record 9.1-2

§ 53a-124 (a) (4) Larceny of a Secret Scientific or Technical

Process, Invention or Formula

9.1-3

§ 53a-125 Larceny in the Fourth Degree See Larceny

§ 53a-125a Larceny in the Fifth Degree See Larceny

§ 53a-125b Larceny in the Sixth Degree See Larceny

§ 53a-126a Criminal Trover in the First Degree 9.5-12

§ 53a-126b Criminal Trover in the Second Degree 9.5-13

§ 53a-127b Fraudulent Use of an Automated Teller

Machine

9.1-24

§ 53a-127c (a) (1) Theft of Utility Service 9.1-25

§ 53a-127c (a) (2) Theft of Utility Service 9.1-26

§ 53a-127c (a) (3) Theft of Utility Service 9.1-27

§ 53a-127f Possession of a Shoplifting Device 9.1-17

§ 53a-128 Issuing or Passing a Bad Check 10.2-1

§ 53a-128b False Statement to Procure Issuance of a

Payment Card

10.2-2

§ 53a-128c (a) Payment Card Theft 10.2-3

§ 53a-128c (b) Payment Card Theft 10.2-4

§ 53a-128c (c) Illegal Transfer of a Payment Card 10.2-5

§ 53a-128c (d) Obtaining a Payment Card by Fraud 10.2-6

§ 53a-128c (e) Receiving Illegally Obtained Payment Cards 10.2-7

§ 53a-128c (f) Payment Card Forgery 10.2-8

§ 53a-128c (g) Payment Card Forgery 10.2-9

§ 53a-128d (1) Illegal Use of a Payment Card 10.2-10

§ 53a-128d (2) Illegal Use of a Payment Card 10.2-11

§ 53a-128d (3) Illegal Use of a Payment Card 10.2-12

§ 53a-128e (a) Illegal Furnishing of Money, Goods or Services

on a Payment Card

10.2-13

§ 53a-128e (b) Illegal Furnishing of Money, Goods or Services

on a Payment Card

10.2-14

§ 53a-128f Unlawful Completion of a Payment Card 10.2-15

§ 53a-128f Unlawful Possession of Items Used in the

Production of Payment Cards

10.2-16

§ 53a-128g Receipt of Money, Goods or Services Obtained

by Illegal Use of a Payment Card

10.2-17

§ 53a-129b Identity Theft in the First Degree 10.3-1

§ 53a-129c Identity Theft in the Second Degree 10.3-1

§ 53a-129d Identity Theft in the Third Degree 10.3-1

§ 53a-129e Trafficking in Identifying Information 10.3-2

§ 53a-130 (a) (1) and

(3)

Criminal Impersonation 10.7-1

§ 53a-130 (a) (4) Criminal Impersonation 10.7-2

§ 53a-130 (a) (5) Criminal Impersonation (by Electronic

Device)

10.7-4

§ 53a-130 (a) (2) Criminal Impersonation (State Marshal) 10.7-5

§ 53a-130a Impersonation of a Police Officer 10.7-3

§ 53a-131 Unlawfully Concealing a Will 10.9-3

§ 53a-134 Robbery in the First Degree 6.4-1

§ 53a-135 (a) (1) Robbery in the Second Degree 6.4-2

§ 53a-135 (a) (2) Robbery in the Second Degree (in a Bank or

Credit Union)

6.4-5

§ 53a-136 Robbery in the Third Degree 6.4-3

§ 53a-136a Carjacking 6.4-4

§ 53a-138 Forgery in the First Degree 10.1-1

§ 53a-139 Forgery in the Second Degree 10.1-2

§ 53a-140 Forgery in the Third Degree 10.1-3

§ 53a-141 (a) (1) Criminal Simulation 10.1-4

§ 53a-141 (a) (2) Criminal Simulation 10.1-5

§ 53a-142 Forgery of Symbols 10.1-6

§ 53a-144 Unlawfully Using Slugs in the First Degree 10.9-1

§ 53a-145 (a) (1) Unlawfully Using Slugs in the Second Degree 10.9-2

§ 53a-145 (a) (2) Unlawfully Using Slugs in the Second Degree 10.9-1

§ 53a-147 Bribery 4.1-1

§ 53a-148 Bribe Receiving 4.1-2

§ 53a-149 Bribery of a Witness 4.5-1

§ 53a-150 Bribe Receiving by a Witness 4.5-2

§ 53a-151 Tampering with a Witness 4.5-3

§ 53a-151a Intimidating a Witness 4.5-4

§ 53a-152 Bribery of a Juror 4.5-5

§ 53a-153 Bribe Receiving by a Juror 4.5-6

§ 53a-154 Tampering with a Juror 4.5-7

§ 53a-155 Tampering with or Fabricating Physical

Evidence

4.5-8

§ 53a-156 Perjury 4.5-9

§ 53a-157a False Statement on a Certified Payroll 4.2-1

§ 53a-157b False Statement 4.2-2

§ 53a-158 Bribery of a Labor Official 4.1-3

§ 53a-159 Bribe Receiving by a Labor Official 4.1-4

§ 53a-160 Commercial Bribery 4.1-5

§ 53a-161 Receiving a Commercial Bribe 4.1-6

§ 53a-161a Bid Rigging 4.1-7

§ 53a-161b Disclosure of Bid or Proposal 4.1-8

§ 53a-161c (a) (1) Receiving Kickbacks 4.1-9

§ 53a-161c (a) (2) Receiving Kickbacks 4.1-10

§ 53a-161c (a) (3) Receiving Kickbacks 4.1-11

§ 53a-161d (a) (1) Paying a Kickback 4.1-12

§ 53a-161d (a) (2) Paying a Kickback 4.1-13

§ 53a-165aa Hindering Prosecution in the First Degree 4.5-10

§ 53a-166 Hindering Prosecution in the Second Degree 4.5-11

§ 53a-167 Hindering Prosecution in the Third Degree 4.5-11

§ 53a-167a Interfering with an Officer 4.3-1

§ 53a-167b Failure to Assist a Peace Officer, Special

Policeman or Firefighter

4.3-2

§ 53a-167c Assault of Public Safety or Emergency

Medical Personnel

4.3-3

§ 53a-167d Assault of a Prosecutor 4.3-4

§ 53a-167f Abuse of an Oath Document 4.3-5

§ 53a-169 Escape in the First Degree 4.6-5

§ 53a-170 Escape in the Second Degree 4.6-6

§ 53a-171 (a) (1) Escape from Custody 4.6-7

§ 53a-171 (a) (2) Escape from Custody 4.6-8

§ 53a-171a Aiding Escape of Mentally Ill or Drug

Dependent Person

8.9-3

§ 53a-172 (a) (1) Failure to Appear in the First Degree (While

Released on Bail or a Promise to Appear)

4.4-1

§ 53a-172 (a) (2) Failure to Appear in the First Degree (While

on Probation)

4.4-3

§ 53a-173 (a) (1) Failure to Appear in the Second Degree (While

Released on Bail or a Promise to Appear)

4.4-2

§ 53a-173 (a) (2) Failure to Appear in the Second Degree (While

on Probation)

4.4-4

§ 53a-174 (a) Unauthorized Conveyance of Items into

Correctional or Humane Institution or to

Inmate

4.6-1

§ 53a-174a Possession of Weapon or Dangerous

Instrument in Correctional Institution

4.6-2

§ 53a-175 Riot in the First Degree 8.6-1

§ 53a-176 Riot in the Second Degree 8.6-2

§ 53a-177 Unlawful Assembly 8.6-3

§ 53a-178 Inciting to Riot 8.6-4

§ 53a-179 Criminal Advocacy 8.6-5

§ 53a-179a Inciting Injury to Persons or Property 8.6-6

§ 53a-179b Rioting at Correctional Institution 4.6-3

§ 53a-179c Inciting to Riot at Correctional Institution 4.6-4

§ 53a-180 (a) (1) Falsely Reporting an Incident in the First

Degree

8.5-1

§ 53a-180 (a) (2) Falsely Reporting an Incident in the First

Degree

8.5-2

§ 53a-180a Falsely Reporting an Incident Resulting in

Serious Physical Injury or Death

8.5-3

§ 53a-180b Falsely Reporting an Incident Concerning

Serious Physical Injury or Death

8.5-4

§ 53a-180c Falsely Reporting an Incident in the Second

Degree

8.5-5

§ 53a-180aa Breach of the Peace in the First Degree 8.4-1

§ 53a-181 (a) (1) Breach of the Peace in the Second Degree 8.4-2

§ 53a-181 (a) (2) Breach of the Peace in the Second Degree 8.4-3

§ 53a-181 (a) (3) Breach of the Peace in the Second Degree 8.4-4

§ 53a-181 (a) (4) Breach of the Peace in the Second Degree 8.4-5

§ 53a-181 (a) (5) Breach of the Peace in the Second Degree 8.4-6

§ 53a-181 (a) (6) Breach of the Peace in the Second Degree 8.4-7

§ 53a-181c Stalking in the First Degree 6.7-1

§ 53a-181d (b) (1) Stalking in the Second Degree 6.7-2

§ 53a-181e Stalking in the Third Degree 6.7-3

§ 53a-181f (a) (1) Electronic Stalking (Reasonable Fear of

Death or Serious Bodily Injury)

6.7-8

§ 53a-181f (a) (2) Electronic Stalking (Reasonable Expectation

of Substantial Emotional Distress

6.7-9

§ 53a-181j Intimidation Based on Bigotry or Bias in the

First Degree

6.10-1

§ 53a-181k Intimidation Based on Bigotry or Bias in the

Second Degree

6.10-2

§ 53a-181l Intimidation Based on Bigotry or Bias in the

Third Degree

6.10-3

§ 53a-182 Disorderly Conduct 8.4-8

§ 53a-182a Obstructing Free Passage 8.4-9

§ 53a-182b Harassment in the First Degree 6.7-4

§ 53a-183 (a) (1) Harassment in the Second Degree (Written

Communication)

6.7-5

§ 53a-183 (a) (2) Harassment in the Second Degree

(Telephone or Other Communication)

6.7-6

§ 53a-183 (a) (3) Harassment in the Second Degree (Posting to

Online Meeting Space)

6.7-7

§ 53a-183b Interfering with Emergency Call 8.9-1

§ 53a-185 Loitering on School Grounds 8.9-4

§ 53a-186 Public Indecency 7.5-4

§ 53a-188 (a) (1) Tampering with Private Communications 10.8-1

§ 53a-188 (a) (2) Tampering with Private Communications 10.8-2

§ 53a-189 Illegal Wiretapping 10.8-3

§ 53a-189 Eavesdropping 10.8-4

§ 53a-189a (a) (1) & (2) Voyeurism 7.5-1

§ 53a-189a (a) (3) Voyeurism (by trespass) 7.5-2

§ 53a-189a (a) (4) Voyeurism (by filming under clothing) 7.5-3

§ 53a-189b Disseminating Voyeuristic Material 7.5-7

§ 53a-189c (c) (1) Unlawful Dissemination of an Intimate Image

(to a person)

7.5-5

§ 53a-189c (c) (2) Unlawful Dissemination of an Intimate Image

(to multiple people by computer, information or

telecommunications service)

7.5-6

§ 53a-192 Coercion 6.12-1

§ 53a-192a (a) (1) Trafficking in Persons 6.12-2

§ 53a-192a (a) (2) Trafficking in Persons 6.12-3

§ 53a-194 Obscenity 7.4-1

§ 53a-195 Defense to Obscenity 7.4-2

§ 53a-196 Obscenity as to Minors 7.4-3

§ 53a-196 (c) Affirmative Defense to Obscenity as to Minors 7.4-4

§ 53a-196a Employing a Minor in an Obscene

Performance

7.7-1

§ 53a-196b Promoting a Minor in an Obscene

Performance

7.7-2

§ 53a-196c Importing Child Pornography 7.7-3

§ 53a-196d Possessing Child Pornography in the First

Degree

7.7-4

§ 53a-196e Possessing Child Pornography in the Second

Degree

7.7-4

§ 53a-196f Possessing Child Pornography in the Third

Degree

7.7-4

§ 53a-196g Affirmative Defenses to Child Pornography

Possession

7.7-5

§ 53a-196h Possessing or Transmitting Child

Pornography by a Minor

7.7-6

§ 53a-196j (b) (1) Harmful Communication with a

Minor

7.6-5

§ 53a-196j (b) (2) Harmful Communication with a

Minor

7.6-6

§ 53a-196j (b) (3) Harmful Communication with a

Minor

7.6-7

§ 53a-196j (b) (4) Harmful Communication with a

Minor

7.6-8

§ 53a-211 Possession of a Sawed-Off Shotgun or Silencer 8.2-15

§ 53a-212 Stealing a Firearm 8.2-27

§ 53a-213 Drinking while Operating Motor Vehicle 8.3-5

§ 53a-215 Insurance Fraud 10.6-3

§ 53a-216 Criminal Use of Firearm or Electronic Defense

Weapon

8.2-28

§ 53a-217 Criminal Possession of a Firearm or Electronic

Defense Weapon

8.2-12

§ 53a-217a Criminally Negligent Storage of a Firearm 8.2-29

§ 53a-217b Possession of a Weapon on School Grounds 8.2-14

§ 53a-217c Criminal Possession of a Pistol or Revolver 8.2-13

§ 53a-217d Criminal Possession of Body Armor 8.2-37

§ 53a-222 Violating Conditions of Release in the First

Degree

4.7-1

§ 53a-222a Violating Conditions of Release in the Second

Degree

4.7-1

§ 53a-223 Criminal Violation of a Protective Order 6.8-1

§ 53a-223a Criminal Violation of a Standing Criminal

Restraining Order

6.8-2

§ 53a-223b Criminal Violation of a Restraining Order 6.8-3

§ 53a-225 Enticing a Juvenile to Commit a Criminal Act 6.11-11

§ 53a-251 (b) Unauthorized Access to a Computer System 9.6-1

§ 53a-251 (c) Theft of Computer Services 9.6-2

§ 53a-251 (d) Interruption of Computer Services 9.6-3

§ 53a-251 (e) (1) Misuse of Computer System Information 9.6-4

§ 53a-251 (e) (2) Misuse of Computer System Information 9.6-5

§ 53a-251 (e) (3) and

(4)

Misuse of Computer System Information 9.6-6

§ 53a-251 (f) Destruction of Computer Equipment 9.6-7

§ 53a-252 Computer Crime in the First Degree See Computer

Crimes

§ 53a-253 Computer Crime in the Second Degree See Computer

Crimes

§ 53a-254 Computer Crime in the Third Degree See Computer

Crimes

§ 53a-255 Computer Crime in the Fourth Degree See Computer

Crimes

§ 53a-256 Computer Crime in the Fifth Degree See Computer

Crimes

§ 53a-276 Money Laundering in the First Degree 10.4-1

§ 53a-277 Money Laundering in the Second Degree 10.4-2

§ 53a-278 Money Laundering in the Third Degree 10.4-3

§ 53a-279 Money Laundering in the Fourth Degree 10.4-4

§ 53a-291 Vendor Fraud in the First Degree 4.1-14

§ 53a-292 Vendor Fraud in the Second Degree 4.1-14

§ 53a-293 Vendor Fraud in the Third Degree 4.1-14

§ 53a-294 Vendor Fraud in the Fourth Degree 4.1-14

§ 53a-295 Vendor Fraud in the Fifth Degree 4.1-14

§ 53a-296 Vendor Fraud in the Sixth Degree 4.1-14

§ 53a-300 Act of Terrorism 8.7-1

§ 53a-301 Computer Crime for Terrorist Purposes 8.7-2

§ 53a-321 Abuse of Elderly, Blind, Disabled or

Intellectually Disabled Person in the First

Degree

6.9-1

§ 53a-322 Abuse of Elderly, Blind, Disabled or

Intellectually Disabled Person in the Second

Degree

6.9-1

§ 53a-323 Abuse of Elderly, Blind, Disabled or

Intellectually Disabled Person in the Third

Degree

6.9-1

§ 54-1o (b) Failure of Law Enforcement to Record

Defendant’s Statement

2.6-15

§ 54-33d Interference with a Search 4.3-6

§ 54-102g Noncompliance with DNA Sampling 8.9-6

§ 54-102a (c) Noncompliance with Venereal Disease or HIV

Exam

8.9-7

§ 54-251 (e) Failure to Register as a Sex Offender 7.8-1

§ 54-252 (d) Failure to Register as a Sex Offender 7.8-1

§ 54-253 (e) Failure to Register as a Sex Offender 7.8-1

§ 54-254 (b) Failure to Register as a Sex Offender 7.8-1

ARCHIVED INSTRUCTIONS

When a statutory amendment is made that changes the definition of an offense, the

current instruction will be updated to reflect the most current statute. The old instruction will be

moved to this archive so that it may be used when a defendant is charged under an earlier version

of the statute.