Sec. 53a-3. Definitions.
Sec. 53a-3. Definitions. Except where different meanings are expressly specified,
the following terms have the following meanings when used in this title:
(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;
(2) "Possess" means to have physical possession or otherwise to exercise dominion
or control over tangible property;
(3) "Physical injury" means impairment of physical condition or pain;
(4) "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;
(5) "Deadly physical force" means physical force which can be reasonably expected
to cause death or serious physical injury;
(6) "Deadly weapon" means 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. The definition of "deadly weapon" in this subdivision shall be
deemed not to apply to section 29-38 or 53-206;
(7) "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, and includes a "vehicle" as that term is
defined in this section and includes 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;
(8) "Vehicle" means a "motor vehicle" as defined in section 14-1, a snowmobile,
any aircraft, or any vessel equipped for propulsion by mechanical means or sail;
(9) "Peace officer" means a member of the Division of State Police within the Department of Public Safety 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,
as defined in section 26-5, a constable who performs criminal law enforcement duties,
a special policeman appointed under section 29-18, 29-18a or 29-19, 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 or any special agent of the
federal government authorized to enforce the provisions of Title 21 of the United States
Code;
(10) "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;
(11) A person acts "intentionally" with respect to a result or to conduct described
by a statute defining an offense when his conscious objective is to cause such result or
to engage in such conduct;
(12) A person acts "knowingly" with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such
nature or that such circumstance exists;
(13) A person acts "recklessly" with respect to a result or to a circumstance described
by a statute defining an offense when he 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;
(14) A person acts with "criminal negligence" with respect to a result or to a circumstance described by a statute defining an offense when he 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;
(15) "Machine gun" means 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;
(16) "Rifle" means 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;
(17) "Shotgun" means 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;
(18) "Pistol" or "revolver" means any firearm having a barrel less than twelve
inches;
(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol,
revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;
(20) "Electronic defense weapon" means a weapon which by electronic impulse or
current is capable of immobilizing a person temporarily, but is not capable of inflicting
death or serious physical injury, including a stun gun or other conductive energy device;
(21) "Martial arts weapon" means a nunchaku, kama, kasari-fundo, octagon sai,
tonfa or chinese star;
(22) "Employee of an emergency medical service organization" means an ambulance driver, emergency medical technician or paramedic as defined in section 19a-175;
(23) "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.
(1969, P.A. 828, S. 3; 1971, P.A. 871, S. 1; 1972, P.A. 188, S. 3; P.A. 73-295; 73-639, S. 1; P.A. 74-180; 74-186, S.
8, 129; P.A. 75-283; 75-380, S. 1; P.A. 76-111, S. 9; P.A. 77-604, S. 38, 84; 77-614, S. 486, 610; P.A. 80-308; 80-394, S.
8, 13; P.A. 85-602, S. 3, 4; P.A. 86-280, S. 2; 86-287, S. 2; P.A. 90-157, S. 1; P.A. 91-171, S. 1; May 25 Sp. Sess. P.A.
94-1, S. 98, 130; P.A. 95-79, S. 182, 189; 95-277, S. 13, 19; P.A. 96-243, S. 7, 16; P.A. 00-99, S. 5, 154; 00-149, S. 1;
P.A. 01-84, S. 9, 26; P.A. 02-132, S. 29; P.A. 07-123, S. 6.)
History: 1971 act included snowmobiles in definition of "vehicle" and added definitions of "peace officer" and "fireman"; 1972 act redefined "peace officer" to include special policemen appointed under Sec. 29-18; P.A. 73-295 added
reference to special policemen appointed under Sec. 29-18a in definition of "peace officer"; P.A. 73-639 specified that
weapons "whether loaded or unloaded" are deadly weapons; P.A. 74-180 amended definition of "deadly weapon" to specify
its inapplicability to Secs. 29-38 and 53-206; P.A. 74-186 replaced county detectives with detectives in division of criminal
justice in definition of "peace officer", county government having been abolished; P.A. 75-283 included special policemen
appointed under Sec. 29-19 in definition of "peace officer"; P.A. 75-380 added Subdivs. (15) to (19) defining "machine
gun", "rifle", "shotgun", "pistol" or "revolver" and "firearm"; P.A. 76-111 substituted chief inspectors and inspectors for
detectives in definition of "peace officer"; P.A. 77-604 made technical grammatical correction in Subdiv. (9); P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979, amending
Subdiv. (9) accordingly; P.A. 80-308 included adult probation officers appointed under Sec. 54-104 in definition of "peace
officer"; P.A. 80-394 included special deputy sheriffs in definition of "peace officer"; P.A. 85-602 redefined "peace officer"
to include investigators in the investigations unit of the state treasurer's office; P.A. 86-280 defined "martial arts weapon";
P.A. 86-287 reiterated definition of "martial arts weapon" and defined "electronic defense weapon"; P.A. 90-157 added
Subdiv. (22) defining "employee of an emergency medical service organization"; P.A. 91-171 included special agents of
the federal government authorized to enforce the provisions of Title 21 of the United States Code in definition of "peace
officer"; May 25 Sp. Sess. P.A. 94-1 amended Subdiv. (9) by making technical change, effective July 1, 1994; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 95-277 redefined "peace officer",
to include investigators in the office of the State Treasurer rather than Workers' Compensation Commission investigators,
effective June 29, 1995; P.A. 96-243 amended Subdiv. (7) to include certain dogs in the definition of "dangerous instrument", effective June 6, 1996; P.A. 00-99 amended Subdiv. (9) by deleting reference to sheriff, deputy sheriff and special
deputy sheriff and adding provision re state marshal exercising statutory authority and judicial marshal in performance of
duties, effective December 1, 2000; P.A. 00-149 added Subdiv. (23) defining "railroad property"; P.A. 01-84 amended
Subdiv. (10) to replace "Fireman" with "Firefighter", effective July 1, 2001; P.A. 02-132 amended Subdiv. (9) by deleting
provision re appointment under Sec. 54-104; P.A. 07-123 redefined "electronic defense weapon" in Subdiv. (20) to include
"a stun gun or other conductive energy device".
Court correctly charged jury on definition of dangerous instrument. 173 C. 91. Subdiv. (3) compared to Subdiv. (4).
175 C. 204. Cited. 182 C. 501. Cited. 197 C. 574. Cited. 201 C. 505. Cited. 211 C. 258. Offense of carrying a dangerous
weapon is not constitutionally overbroad in violation of the first and fourteenth amendments to the United States Constitution. 287 C. 237. Defendant's threatened use of a table leg to inflict serious bodily injury against victim, in the event that
victim continued to bother him, constitutes a violation of this section and Sec. 53-206 if the threat is found to be a true
threat not protected by the first amendment to the United States Constitution. Id.
Cited. 9 CA 686. Cited. 11 CA 665. Cited. 12 CA 221. Cited. 14 CA 10. Earlier jury instruction in earlier related case
defining assault as the reduced ability to act as one would have otherwise acted did not prejudice jury. 71 CA 190.
Subdiv. (1):
Cited. 17 CA 326. Cited. 25 CA 586; judgment reversed, see 223 C. 492.
Cited. 40 CS 498.
Subdiv. (2):
Cited. 12 CA 225. Cited. 14 CA 67.
Subdiv. (3):
Cited. 171 C. 276. Cited. 197 C. 602.
Cited. 3 CA 353. Cited. 5 CA 612. Cited. 10 CA 330. Cited. 14 CA 586. Cited. 17 CA 226; Id., 391. Cited. 26 CA 641.
Cited. 28 CA 581; judgment reversed, see 226 C. 601; Id., 612. Cited. 37 CA 733. Cited. 41 CA 255; Id., 565. Cited. 43
CA 76. Cited. 45 CA 591.
Cited. 39 CS 494. Cited. 43 CS 46.
Subdiv. (4):
Cited. 172 C. 275. Cited. 173 C. 389. Cited. 174 C. 604. Cited. 181 C. 406. Cited. 182 C. 66. Cited. 186 C. 654. Cited.
189 C. 303. Cited. 197 C. 602. Cited. 202 C. 463. Cited. 211 C. 441. Cited. 213 C. 593. Cited. 225 C. 450. Cited. 231 C.
115. Cited. 237 C. 748.
Cited. 5 CA 590; Id., 612. Cited. 6 CA 667. Cited. 8 CA 496. Cited. 10 CA 330; Id., 462. Cited. 11 CA 499. Cited. 14
CA 657. Cited. 15 CA 531. Cited. 16 CA 346. Cited. 17 CA 226. Cited. 19 CA 654; Id., 674. Cited. 21 CA 688. Cited. 23
CA 502. Cited. 25 CA 734. Cited. 26 CA 641. Cited. 28 CA 81; Id., 402; Id., 581; judgment reversed, see 226 C. 601; Id.,
612. Cited. 29 CA 679. Cited. 30 CA 232. Cited. 33 CA 782. Cited. 34 CA 261. Cited. 38 CA 20. Cited. 39 CA 18; judgment
reversed, see 237 C. 748. Cited. 41 CA 565. Cited. 42 CA 307. Cited. 45 CA 270; Id., 591. "Disfigurement" defined as
that which impairs or injures beauty, symmetry or appearance of a person or which renders unsightly, misshapen or
imperfect or deforms in some manner. 82 CA 684.
Cited. 39 CS 494.
Subdiv. (5):
Cited. 186 C. 654. Cited. 188 C. 653. Cited. 213 C. 593.
Cited. 8 CA 667. Cited. 16 CA 346. Cited. 25 CA 734. Cited. 30 CA 406; judgment reversed, see 228 C. 335. Cited
31 CA 58.
Cited. 35 CS 570.
Subdiv. (6):
Cited. 169 C. 683. Cited. 171 C. 277. Cited. 175 C. 569. Cited. 177 C. 379. Cited. 179 C. 576. Cited. 182 C. 262; Id.,
533. Cited. 185 C. 473. Cited. 189 C. 268. Cited. 190 C. 822. Cited. 195 C. 567; Id., 651; Id., 668. Cited. 197 C. 507. Cited.
203 C. 506. If a weapon from which a shot may be discharged is designed for violence and is capable of inflicting death
or serious physical injury, it is a deadly weapon regardless of whether the shot is discharged by gunpowder. 278 C. 113.
Cited. 7 CA 445. Cited. 19 CA 111; judgment reversed, see 215 C. 538. Cited. 21 CA 299. Cited. 25 CA 104. Cited.
29 CA 679. Cited. 31 CA 614. Cited. 33 CA 468. Cited. 39 CA 579. Cited. 45 CA 591. Trial court did not invade jury's
fact-finding province when it ruled as a matter of law that BB gun in evidence was a deadly weapon under Subdiv. in this
case. 110 CA 263.
Subdiv. (7):
Cited. 169 C. 683. Cited. 171 C. 277. Tire iron used to break into apartment is not a dangerous instrument per se.
Potential for injury considered only in conjunction with circumstances of actual or threatened use. 177 C. 140. Cited. 182
C. 533. Cited. 190 C. 822. Cited. 195 C. 668. Cited. 202 C. 629. Cited. 218 C. 432.
Cited. 5 CA 40. Cited. 6 CA 667. Cited. 7 CA 27; Id., 445. Cited. 10 CA 330. Cited. 14 CA 586; Id., 657. Cited. 15
CA 586. Cited. 17 CA 226. Cited. 21 CA 299. Cited. 25 CA 171. Cited. 28 CA 612. Cited. 29 CA 262; Id., 679. Cited. 33
CA 468. Cited. 38 CA 868. Cited. 45 CA 270. Jury reasonably could have found that defendant's "feet and footwear" were
a "dangerous instrument" in the manner in which they were used because of defendant's above average size, the age and
delicate health of the elderly victim, the continual kicking of such victim in the area of several vital organs and the force
of the kicks which was intensified by the weight of the footwear. 74 CA 545. Dangerous instrument as defined in Subsec.
is "any instrument, article or substance which, under the circumstances in which it is used ... or threatened to be used, is
capable of causing death or serious physical injury". 81 CA 367. Evidence was sufficient to prove that a knife or similar
instrument was used thereby constituting a dangerous instrument. 98 CA 13.
Cited. 39 CS 494.
Subdiv. (9):
Cited. 231 C. 545.
Cited. 37 CA 338.
Subdiv. (10):
Cited erroneously as Sec. 53a-2(10). 226 C. 514.
Subdiv. (11):
Cited. 171 C. 271. Cited. 178 C. 448. Cited. 180 C. 382. Cited. 182 C. 449. Cited. 184 C. 121. Cited. 186 C. 414; Id.,
555; Id., 574; Id., 654. Cited. 188 C. 515. Cited. 189 C. 383. Cited. 190 C. 219. Cited. 194 C. 258; Id., 376. Cited. 195 C.
166. Cited. 198 C. 92. Cited. 199 C. 1. Cited. 201 C. 489. Cited. 202 C. 520; Id., 629. Cited. 204 C. 1. Cited. 209 C. 290.
Cited. 214 C. 77. Cited. 216 C. 585. Cited. 219 C. 16; Id., 363; Id., 489. Cited. 220 C. 285. Cited. 223 C. 595; Id., 674.
Cited. 225 C. 55; Id., 114. Cited. 227 C. 456. Cited. 228 C. 62; Id., 118; Id., 281. Cited. 229 C. 328. Cited. 231 C. 115.
Cited. 233 C. 215. Cited. 235 C. 274; Id., 477. Cited. 236 C. 189. Cited. 237 C. 748. Cited. 238 C. 253.
Cited. 5 CA 599. Cited. 7 CA 180. Cited. 9 CA 111; Id., 373. Cited. 11 CA 24. Cited. 16 CA 455. Cited. 19 CA 674.
Cited. 24 CA 598. Cited. 27 CA 103. Cited. 28 CA 81. Cited. 34 CA 223. Cited. 35 CA 51. Cited. 36 CA 417. Cited. 39
CA 18; judgment reversed, see 237 C. 748. Cited. 40 CA 643. Cited. 41 CA 361. Cited. 45 CA 297. Provision dealing
with intent to engage in proscribed conduct is irrelevant to a murder prosecution pursuant to Sec. 53a-54a. 48 CA 677.
Meaning of acting "intentionally". 51 CA 345. Portion of the definition of "intent" relating to intent to engage in proscribed
conduct is not relevant to charge of assault in the second degree. 70 CA 855. State sufficiently proved defendant had
conscious objective to cause victim's face to be scarred where defendant butted victim's face with his head, bit her face,
struck her on the head with a hairdryer, kicked her and attempted to choke her, resulting in scars to victim's face. 74 CA
633. Although court improperly instructed jury on entire definition re attempted murder and kidnapping charge, it properly
instructed that jury had to find that defendant intended to cause the death of another or intended to abduct and restrain
another. 97 CA 837. Definition embraces both specific intent to cause a result and general intent to engage in proscribed
conduct, and it is improper for court to refer in its instruction to entire definitional language, including the intent to engage
in conduct, when the charge relates to a crime requiring only the intent to cause a specific result. 99 CA 230. Although
court instructed jury regarding intent by using the full statutory definition including portion relating to general intent crimes,
it was not reasonably possible that jury was misled by court's instructions because court gave numerous proper instructions
regarding proper intent required for crime of attempt to commit assault in the first degree. 107 CA 517.
Subdiv. (12):
Cited. 182 C. 449. Cited. 203 C. 682. Cited. 223 C. 595. Cited. 235 C. 477.
Cited. 5 CA 599. Cited. 11 CA 24. Cited. 13 CA 288. Cited. 16 CA 455. Cited. 40 CA 643.
Subdiv. (13):
Cited. 171 C. 271. Cited. 180 C. 382. Cited. 182 C. 66; Id., 449. Cited. 184 C. 400. Cited. 185 C. 63. Cited. 186 C. 265.
Cited. 187 C. 6. Cited. 193 C. 632. Cited. 195 C. 232. Cited. 198 C. 92; Id., 454. Cited. 199 C. 1. Cited. 202 C. 629. Cited.
212 C. 593. Cited. 213 C. 579. Cited. 214 C. 57. Cited. 216 C. 585. Cited. 219 C. 16. Cited. 222 C. 444. Cited. 225 C. 55.
Cited. 226 C. 20. Cited. 228 C. 147. Cited. 231 C. 115. Cited. 233 C. 174.
Cited. 5 CA 40; Id., 571. Cited. 7 CA 180. Cited. 11 CA 24; Id., 473. Cited. 17 CA 502; judgment reversed, see 213
C. 579. Cited. 19 CA 674. Cited. 26 CA 331; Id., 448. Cited. 27 CA 73; Id., 322. Cited. 30 CA 95; judgment reversed, see
228 C. 147. Cited. 34 CA 807. Cited. 35 CA 51. Cited. 41 CA 333.
Statute applies an objective yardstick to measure the nature and degree of the risk and a subjective yardstick to measure
the defendant's awareness of the risk. 35 CS 570. Cited. 37 CS 661. Cited. 38 CS 619.
Subdiv. (14):
Cited. 171 C. 112. Cited. 176 C. 451. Cited. 180 C. 382. Cited. 182 C. 449. Cited. 187 C. 6. Cited. 195 C. 232. Cited.
201 C. 174. Cited. 202 C. 520; Id., 629. Cited. 204 C. 410; Id., 429. Cited. 212 C. 593. Cited. 213 C. 579. Cited. 214 C.
57. Cited. 222 C. 444. Cited. 226 C. 20. Cited. 228 C. 147. Cited. 231 C. 115. Cited. 238 C. 253. Cited. 242 C. 211.
Cited. 5 CA 40. Cited. 11 CA 473; Id., 499. Cited. 17 CA 502; judgment reversed, see 213 C. 579. Cited. 23 CA 720.
Cited. 26 CA 448. Cited. 29 CA 825. Cited. 30 CA 95; judgment reversed, see 228 C. 147.
Cited. 35 CS 519.
Subdiv. (15):
Cited. 8 CA 545.
Subdiv. (16):
Cited. 8 CA 545.
Subdiv. (17):
Cited. 8 CA 545.
Subdiv. (18):
Cited. 195 C. 651. Cited. 196 C. 395. Cited. 197 C. 507. Cited. 205 C. 370. Cited. 231 C. 235.
Cited. 7 CA 726. Cited. 8 CA 545. Cited. 9 CA 169; judgment reversed, see 205 C. 370; Id., 330. Cited. 19 CA 48; Id.,
111. Cited. 36 CA 805. Cited. 37 CA 672. Cited. 39 CA 502.
Subdiv. (19):
Cited. 175 C. 569. Cited. 190 C. 715. Cited. 196 C. 395.
Cited. 3 CA 289. Cited. 8 CA 545. Cited. 19 CA 48; Id., 111. Cited. 21 CA 299. Cited. 34 CA 751; judgment reversed,
see 233 C. 211. Cited. 38 CA 481. Cited. 39 CA 82; Id., 502. Cited. 45 CA 591.
Replica antique pistol that propelled via gunpowder a shot that mortally wounded defendant's spouse constituted a
pistol, revolver or other weapon from which a shot could be discharged, as defined by Subsec. 49 CS 248.