Connecticut § 53a-16b Affirmative defense of coparticipant to offense with firearm.

Connecticut Statutes

§ 53a-16b — Affirmative defense of coparticipant to offense with firearm.

Connecticut·Title 53a Penal Code·Ch. 951 Penal Code: Statutory Construction; Principles of Criminal Liability

In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a in which the defendant was not the only participant, it shall be an affirmative defense that the defendant:

(1)Was not armed with a pistol, revolver, machine gun, shotgun, rifle or other firearm, and (2) had no reasonable ground to believe that any other participant was armed with such a weapon.

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In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a in which the defendant was not the only participant, it shall be an affirmative defense that the defendant: (1) Was not armed with a pistol, revolver, machine gun, shotgun, rifle or other firearm, and (2) had no reasonable ground to believe that any other participant was armed with such a weapon.

Connecticut § 53a-16b (Affirmative defense of coparticipant to offense with firearm.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(P.A. 75-380, S. 13; P.A. 92-260, S. 2.) History: P.A. 92-260 made technical changes. Defendant is entitled to a theory of defense instruction as a matter of law where evidence under section is before jury. 178 C. 704. Cited. 209 C. 75. Cited. 23 CA 615; 24 CA 195; 45 CA 390.