§ 53a-23 — Use of physical force to resist arrest not justified.

Connecticut § 53a-23

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

Text

A person is not justified in using physical force to resist an arrest by a reasonably identifiable peace officer, whether such arrest is legal or illegal.

Legislative History

(1969, P.A. 828, S. 22; 1971, P.A. 871, S. 9; P.A. 05-180, S. 3; P.A. 08-150, S. 51; P.A. 10-36, S. 17; P.A. 19-108, S. 5; P.A. 22-117, S. 11.) History: 1971 act deleted definition of peace officer; P.A. 05-180 included a special policeman appointed under Sec. 29-18b within purview of section; P.A. 08-150 included Department of Motor Vehicles inspector appointed under Sec. 14-8 and certified pursuant to Sec. 7-294d within purview of section; P.A. 10-36 replaced “Department of Motor Vehicles inspector appointed” with “motor vehicle inspector designated” and made technical changes, effective July 1, 2010; P.A. 19-108 deleted reference to motor vehicle inspectors, and made a technical change; P.A. 22-117 deleted reference to special policeman appointed under Sec. 29-18b, effective May 27, 2022. Cited. 170 C. 99. 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. 191 C. 433; 204 C. 240; 209 C. 75; 221 C. 788. Trial court's instructions pertaining to statute virtually eliminated state's burden of proving that the police officers were acting in the performance of their duties and had effect of depriving defendant of a defense to the charges against him, in violation of his due process rights. 261 C. 553. Cited. 1 CA 709; 5 CA 616; 8 CA 153; Id., 667; 21 CA 326; 23 CA 615; 24 CA 195; Id., 473; judgment reversed in part, see 221 C. 788; 27 CA 49; 40 CA 601; 45 CA 390. Under section, illegality of an arrest is not a defense to charges under Sec. 53a-167c; statute was intended to require an arrestee to submit to an arrest, even though he believes, and may ultimately establish, that the arrest was without probable cause or was otherwise unlawful; it was not intended to require an arrestee to submit to egregiously unlawful conduct, such as an unprovoked assault, by the police in the course of an arrest, whether the arrest was legal or illegal. 79 CA 667. Section restricts common-law right to resist illegal arrest; not applicable to prosecution under Sec. 53a-167a; unnecessary to decide whether this section creates exception to Sec. 53a-20 or common-law right to defend premises. 34 CS 531. Cited. 38 CS 364; Id., 400.