(a)(1) Any person who intentionally tortures, torments or cruelly or unlawfully punishes another person or intentionally deprives another person of necessary food, clothing, shelter or proper physical care shall be guilty of a class D felony.
(2) Any person who, with criminal negligence, deprives another person of necessary food, clothing, shelter or proper physical care shall be fined not more than five hundred dollars or imprisoned not more than one year, or both.
(b) (1) Any person who, having the control and custody of any child under the age of nineteen years, in any capacity whatsoever, intentionally maltreats, tortures, overworks or cruelly or unlawfully punishes such child or intentionally deprives such child of necessary food, clothing or shelter shall be guilty of a class D felony.
(2) Any person who, having the control and custody of any child under the age of nineteen years, in any capacity whatsoever, with criminal negligence, deprives such child of necessary food, clothing or shelter shall be fined not more than five hundred dollars or imprisoned not more than one year, or both.
(1949 Rev., S. 8368; P.A. 05-72, S. 1; P.A. 13-258, S. 111.)
History: P.A. 05-72 designated existing provisions re cruelty to any person as Subsec. (a)(1) and amended said Subsec. to add “intentionally” as the mens rea for the offense of torturing, tormenting or cruelly or unlawfully punishing another person, replace “wilfully” with “intentionally” as the mens rea for the offense of depriving another person of necessary food, clothing, shelter or proper physical care, and increase the penalty for such intentional acts to a fine of not more than $5,000 or imprisonment of not more than 5 years or both, reenacted existing provisions re negligently depriving another person of necessary food, clothing, shelter or proper physical care and the penalty therefor as Subsec. (a)(2) and amended those provisions by replacing “negligently” with “with criminal negligence” as the mens rea for such offense, designated existing provisions re cruelty to a child as Subsec. (b)(1) and amended said Subsec. to make provisions applicable to a child under 19 years of age rather than under 16 years of age, add “intentionally” as the mens rea for the offense of maltreating, torturing, overworking or cruelly or unlawfully punishing a child, replace “wilfully” with “intentionally” as the mens rea for the offense of depriving a child of necessary food, clothing or shelter and increase the penalty for such intentional acts to a fine of not more than $5,000 or imprisonment of not more than 5 years or both, reenacted existing provisions re negligently depriving a child of necessary food, clothing or shelter and the penalty therefor as Subsec. (b)(2) and amended those provisions by making them applicable to a child under 19 years of age rather than under 16 years of age and replacing “negligently” with “with criminal negligence” as the mens rea for such offense; P.A. 13-258 changed penalty from fine of not more than five thousand dollars or imprisonment of not more than 5 years to a class D felony in Subsecs. (a)(1) and (b)(1), and made technical changes.
Formerly, trial justice could take final jurisdiction of offense against section. 115 C. 600. The word “unlawfully” does not connote “inhuman or barbarous treatment”, but should be construed within the rule of statutory construction that a general word, following a particular enumeration, is intended to apply only to matters of the same general character. 165 C. 288.
Defendant possessed the mental state required for conviction because she intended to do the proscribed act; conviction requires proof of general intent. 131 CA 65; judgment affirmed, see 308 C. 835.
Cited. 26 CS 316; 37 CS 664.
Cited. 4 Conn. Cir. Ct. 571. Evidence that defendant, mother of premature twin babies, failed to obtain medical aid or other care for them was sufficient to support jury's verdict holding her guilty of crime of cruelty to persons upon death of one and severe illness of other child. 5 Conn. Cir. Ct. 698.
Notes of Decisions
Cited in
30
cases (
9 in the last 5 years), 1967–2025 · leading case:
State v. Scruggs, 905 A.2d 24 (Conn. 2006).
State v. Scruggs, 905 A.2d 24 (Conn. 2006).
· cites it 6× “[by] failing to provide proper medical or psychological care for such child" in violation of § 53-21(a)(1); and (4) "negligently deprived another person of proper physical care" in violation of General Statutes § 53-20. At the close of the state's case, the defendant filed a…”
State v. McPhee, 755 A.2d 893 (Conn. App. Ct. 2000).
· cites it 9× ““Cruelty to persons, C.G.S. § 53-20, prohibits in relevant part a person from torturing, tormenting or cruelly or unlawfully punishing another.”
State v. McCahill, 811 A.2d 667 (Conn. 2002).
· cites it 2× “The following crimes involve the use of physical force against another person but also may be appropriately punished by imposition of a fine, rather than a term of imprisonment: cruelty to persons (General Statutes § 53-20); hazing (General Statutes § 53-23a); assault in the…”
State v. Palozie, 334 A.2d 468 (Conn. 1973).
· cites it 4× “Palozie, was convicted by a jury of three counts of risk of injury to a child in violation of General Statutes § 53-21, two counts of cruelty to persons in violation of § 53-20, and one count of breach of the peace in violation of § 53-174.”
State v. Errol J., 199 Conn. App. 800 (Conn. App. Ct. 2020).
· cites it 4× “, appeals from the judgment of conviction, rendered following a jury trial, of two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (1) and one count of cruelty to persons in violation of General Stat- utes § 53-20 (b) (1). The defendant…”
State v. Yusuf, 800 A.2d 590 (Conn. App. Ct. 2002).
· cites it 2× “er a jury trial, of kidnapping in the second degree in violation of General Statutes § 53a-94 (a), assault in the second degree in violation of General Statutes § 53a-60 (a) (2), unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), threatening in…”
Dickinson v. Mullaney, 937 A.2d 667 (Conn. 2007).
· cites it 2× ““On September 15, 1984, the petitioner was arrested and charged with sexual assault in the first degree in violation of General Statutes § 53a-70 (a), kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A) and cruelty to persons in violation of…”
In re Cesar G., 742 A.2d 428 (Conn. App. Ct. 2000).
· cites it 2× “The respondent subsequently was arrested and convicted of cruelty to persons under General Statutes § 53-20. Pursuant to the respondent’s plea of nolo contendere, Cesar, A and S were adjudicated to be neglected and were committed to the custody of the commissioner.”
In Re Christopher B., 980 A.2d 961 (Conn. App. Ct. 2009).
· cites it 2× “Thereafter, in June, 2002, the police arrested the respondent on three counts of cruelty to persons in violation of General Statutes § 53-20 on the basis of the condition of her apartment.”
Ibarra v. Holder, Jr., 736 F.3d 903 (10th Cir. 2013).
“Code *921 § 26-15-3 (Michie, Westlaw through 1996 legislation)); Connecticut: Conn. Gen.Stat. § 53-20 (Westlaw through 1996 legislation) (Connecticut at least criminalizes willfully endangering children, Conn.”
State v. Smith, 434 A.2d 368 (Conn. Super. Ct. 1981).
· cites it 6× “The defendant was charged in a three-count information with cruelty to persons in violation of General Statutes § 53-20, assault in the third degree in violation of General Statutes § 53a-61, and threatening in violation of General Statutes § 53a-62.”
State v. Crumble, 585 A.2d 1245 (Conn. App. Ct. 1991).
· cites it 2× “The defendant was convicted, after a jury trial, of the crimes of assault in the third degree in violation of General Statutes § 53a-61 and cruelty to persons in violation of General Statutes § 53-20. On appeal, the defendant claims that the trial court improperly (1) struck the…”
— Conn. Gen. Stat. § 53-20(a)(1) — 1 case
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