Sec. 53a-102. Burglary in the second degree: Class C felony.
Sec. 53a-102. Burglary in the second degree: Class C felony. (a) A person is
guilty of burglary in the second degree when such person enters or remains unlawfully
in a dwelling, while a person other than a participant in the crime is actually present in
such dwelling, with intent to commit a crime therein.
(b) Burglary in the second degree is a class C felony.
(1969, P.A. 828, S. 104; P.A. 01-83, S. 2; Jan. Sp. Sess. P.A. 08-1, S. 3.)
History: P.A. 01-83 amended Subsec. (a) to make a technical change for purposes of gender neutrality, designate existing
provisions re entering or remaining unlawfully in a dwelling at night with intent to commit a crime therein as Subdiv. (1)
and add Subdiv. (2) re entering or remaining unlawfully in a dwelling, while a person other than a participant in the crime
is actually present in such dwelling, with intent to commit a crime therein; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (a)
to delete former Subdiv. (1) re entering or remaining unlawfully in a dwelling at night with intent to commit a crime therein,
which conduct was reclassified as burglary in the first degree under Sec. 53a-101 by same act, and make a conforming
change, effective March 1, 2008.
Cited. 161 C. 283. Cited. 169 C. 263; Id., 556. Cited. 175 C. 315. Cited. 184 C. 258. Instruction characterizing burglary
as a crime against the person likely to involve danger to life was not in error. 188 C. 542. Cited. Id., 715. Cited. 190 C.
496. Cited. 195 C. 611. Cited. 197 C. 574. Cited. 198 C. 671. Cited. 204 C. 1. Cited. 205 C. 456. Cited. 215 C. 257. Cited.
216 C. 273. Cited. 220 C. 417. Cited. 229 C. 285. Cited. 232 C. 455. Cited. 242 C. 523; Id., 689.
Cited. 5 CA 113. Cited. 6 CA 24. Cited. 9 CA 133; Id., 349; Id., 656. Cited. 11 CA 575. Cited. 13 CA 413. Cited. 14
CA 526. Cited. 15 CA 34. Cited. 16 CA 333. Cited. 19 CA 396. Cited. 20 CA 369; Id., 586. Cited. 23 CA 201. Cited. 29
CA 801; judgment reversed, see 229 C. 285. Cited. 31 CA 94; Id., 370. Cited. 34 CA 599. Cited. 35 CA 714. Cited. 38
CA 20; Id., 231; Id., 531. Cited. 40 CA 553. Cited. 41 CA 169; Id., 255. The crime proscribed by section is complete once
there has been an unlawful entering or remaining in a dwelling, at night, with intent to commit a crime in that dwelling.
76 CA 779.
Subsec. (a):
Cited. 181 C. 172. Cited. 182 C. 207. Cited. 189 C. 631. Cited. 190 C. 440. Cited. 199 C. 88. Cited. 200 C. 523. Cited.
202 C. 676. Cited. 204 C. 377. Cited. 214 C. 493. Cited. 216 C. 699. Cited. 220 C. 400. Cited. 223 C. 635. Cited. 241 C. 784.
Cited. 1 CA 260. Cited. 6 CA 697. Cited. 14 CA 710. Cited. 21 CA 260. Cited. 23 CA 564; judgment reversed in part,
see 220 C. 400. Cited. 24 CA 502. Cited. 30 CA 606. Cited. 35 CA 262. Cited 36 CA 774. Cited. 38 CA 643. Cited. 42
CA 78. Defendant's right to fair trial and unanimous verdict not violated when court made it clear that the jury had to find
each element of crime proven beyond a reasonable doubt and there was ample evidence to support conviction under both
alternate theories of liability. 59 CA 305. Jury could have found defendant guilty beyond a reasonable doubt of remaining
unlawfully in victim's bedroom because whatever possible license defendant thought he had to enter bedroom, that license
was withdrawn when he refused to identify himself, charged at victim, lay on top of her and attempted to kiss and touch
her all over her body. 93 CA 205.