§ 53a-16 — Justification as defense.

In any prosecution for an offense, justification, as defined in sections 53a-17 to 53a-23, inclusive, shall be a defense. Justification as a defense does not include provocation that resulted solely from the discovery of, knowledge about or potential disclosure of the victim's actual or perceived sex, sexual orientation or gender identity or expression, including under circumstances in which the victim made an unwanted, nonforcible, romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic relationship. As used in this section, “gender identity or expression” means gender identity or expression, as defined in section 53a-181i.

Legislative History

(1969, P.A. 828, S. 16; P.A. 19-27, S. 2.) History: P.A. 19-27 added provisions re discovery, knowledge or potential disclosure of victim's actual or perceived sex, sexual orientation or gender identity or expression. Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. Cited. 188 C. 237; 204 C. 240; 209 C. 75. Cited. 3 CA 289; 8 CA 667; 10 CA 643; Id., 697; 11 CA 665; 17 CA 200; Id., 326; Id., 602; 18 CA 303; 24 CA 195; 31 CA 58; Id., 140; 45 CA 390. State did not fail to disprove defense of justification. 75 CA 80. Cited. 38 CS 619.