§ 46a-58 — (Formerly Sec. 53-34). Deprivation of rights. Desecration of property. Placing of burning cross or noose on property. Penalty. Restitution.

Connecticut § 46a-58

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 814c: Human Rights and Opportunities

Text

(a) It shall be a discriminatory practice in violation of this section for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran or status as a victim of domestic violence. (b) Any person who intentionally desecrates any public property, monument or structure, or any religious object, symbol or house of religious worship, or any cemetery, or any private structure not owned by such person, shall be in violation of subsection (a) of this section. For the purposes of this subsection, “desecrate” means to mar, deface or damage as a demonstration of irreverence or contempt. (c) Any person who places a burning cross or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person or group of persons, shall be in violation of subsection (a) of this section. (d) Any person who places a noose or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran or status as a victim of domestic violence, shall be in violation of subsection (a) of this section. (e) (1) Except as provided in subdivision (2) of this subsection, any person who violates any provision of this section shall be guilty of a class A misdemeanor and shall be fined not less than one thousand dollars, except that if property is damaged as a consequence of such violation in an amount in excess of one thousand dollars, such person shall be guilty of a class D felony and shall be fined not less than one thousand dollars. (2) Any person who violates the provisions of this section by intentionally desecrating a house of religious worship (A) shall be guilty of a class D felony and shall be fined not less than one thousand dollars if property is damaged as a consequence of such violation in an amount up to and including ten thousand dollars, and (B) shall be guilty of a class C felony and shall be fined not less than three thousand dollars if the property damaged as a consequence of such violation is in an amount in excess of ten thousand dollars. (3) The minimum amount of any fine imposed by the provisions of this section may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine. (4) The court may order restitution for any victim of a violation of this section pursuant to subsection (c) of section 53a-28 . See Conn. Const. Art. I, Sec. 20 re equal protection of the law. See Sec. 1-1f for definitions of “blind” and “physically disabled”. See Sec. 52-251b re costs and attorney's fees in civil action for deprivation of civil rights. See Sec. 53-37a re deprivation of a person's civil rights by person wearing mask or hood.

Legislative History

(1949 Rev., S. 8374; P.A. 74-80; P.A. 77-278, S. 1; P.A. 80-54; 80-422, S. 7; P.A. 84-15; P.A. 05-288, S. 155; P.A. 07-62, S. 1; 07-217, S. 166; P.A. 08-49, S. 1; P.A. 11-55, S. 22; June Sp. Sess. P.A. 15-5, S. 73; P.A. 17-111, S. 1; 17-127, S. 2; P.A. 22-82, S. 11; P.A. 23-145, S. 1.) History: P.A. 74-80 applied penalty to discrimination based on sex and specified violation as class A misdemeanor, deleting penalty of maximum fine of $1,000 and/or maximum imprisonment of one year; P.A. 77-278 applied penalty to discrimination based on blindness or physical disability; P.A. 80-54 applied penalty to discrimination based on religion or national origin and added Subsecs. (b) and (c) re desecration of property and burning crosses on property; P.A. 80-422 rephrased Subsec. (a) and designated penalty provision formerly in Subsec. (a) as Subsec. (d); Sec. 53-34 transferred to Sec. 46a-58 in 1981; P.A. 84-15 amended Subsec. (d) by increasing the penalty to a class D felony if property is damaged in an amount in excess of $1,000; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; P.A. 07-62 amended Subsec. (a) by applying penalty to discrimination based on sexual orientation; P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007; P.A. 08-49 added new Subsec. (d) re placing a noose or simulation thereof on property with intent to intimidate or harass another person and redesignated existing Subsec. (d) as Subsec. (e); P.A. 11-55 amended Subsec. (a) to prohibit deprivation of rights, privileges or immunities on account of gender identity or expression; June Sp. Sess. P.A. 15-5 amended Subsec. (a) to add “, mental disability”; P.A. 17-111 amended Subsec. (c) by adding provision re intent to intimidate or harass, amended Subsec. (d) by adding “gender identity or expression,” and “, mental disability”, amended Subsec. (e) by designating existing provisions re violation of any provision of section and exception if property damaged as Subdiv. (1) and amending same by adding provision re exception in Subdiv. (2), and adding provisions re fine not less than $1,000, adding Subdiv. (2) re intentional desecration of house of religious worship, adding Subdiv. (3) re remitting or reducing fine amount and adding Subdiv. (4) re restitution, and made technical changes; P.A. 17-127 amended Subsecs. (a) and (d) to add “status as a veteran” and made technical changes; P.A. 22-82 amended Subsecs. (a) and (d) by adding “status as a victim of domestic violence” and by making technical changes; P.A. 23-145 amended Subsecs. (a) and (d) by adding “age”, effective July 1, 2023. Annotation to former section 53-34: If no violation of enumerated rights under statute is alleged, there is no basis for hearing. 160 C. 226. Annotations to present section: Cited. 204 C. 17; 216 C. 108; 232 C. 91; 238 C. 337. Subsec. (a): Cited. 216 C. 85; 220 C. 192. Commission had subject matter jurisdiction to adjudicate claim of racial discrimination brought by African-American senior student at a public high school against school principal and local board of education on the basis of a discrete course of allegedly discriminatory conduct by the principal. 270 C. 665. Trial court should not have remanded case to referee because employer was entitled to a judgment as a matter of law where plaintiff was denied promotion because of failure to obtain same license as required for prior job occupants and where license requirement was a legitimate, nondiscriminatory reason and not pretextual. 272 C. 457. The statutory text unambiguously permits the Commission on Human Rights and Opportunities to identify violations of Title VII of the Civil Rights Act of 1964, as amended, and to award damages and attorney's fees for those violations. 343 C. 90. Commission has authority to identify ADA violations for purposes of determining whether Subsec. is violated. 344 C. 603. Cited. 18 CA 126; 38 CA 506; 44 CA 446; Id., 677. Federal standards reviewed for guidance in enforcing state antidiscrimination statutes; court held that defendant had provided plaintiff with reasonable accommodation. 57 CA 767. In claim alleging discrimination based on religion in violation of Subsec. predicated on series of events, including court order placing children in temporary custody of Commissioner of Children and Families, filing of neglect petitions, placement of children with practicing Christian couple instead of a Muslim family and court order terminating parental rights, claim barred by the absolute immunity afforded by the litigation privilege. 220 CA 77.