(a) A person is guilty of home invasion when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein, and, in the course of committing the offense: (1) Acting either alone or with one or more persons, such person or another participant in the crime commits or attempts to commit a felony against the person of another person other than a participant in the crime who is actually present in such dwelling, or (2) such person is armed with explosives or a deadly weapon or dangerous instrument.
(b) An act shall be deemed “in the course of committing” the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission.
(c) Home invasion is a class A felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which ten years may not be suspended or reduced by the court.
(Jan. Sp. Sess. P.A. 08-1, S. 1.)
History: Jan. Sp. Sess. P.A. 08-1 effective March 1, 2008.
Subsec. (a)(2): It is possible to commit the crime of home invasion without committing the crime of attempt to commit assault in the first degree, therefore home invasion in violation of Subdiv. and attempt to commit assault in the first degree in violation of Secs. 53a-59(a)(1) and 53a-49 are not the same offense for purposes of double jeopardy. 343 C. 470.
Subsec. (a)(1): Defendant could not be convicted of attempt to commit home invasion without proof beyond a reasonable doubt that it was specifically defendant who intended to commit a felony in the dwelling. 187 CA 333. Subsec. (a): The express language of Subsec. does not require that defendant enter the dwelling using force or cause any damage upon entering, although evidence of forced entry may be probative of unlawful entry. 192 CA 221.
Notes of Decisions
Cited in
62
cases (
20 in the last 5 years), 2012–2026 · leading case:
State v. Edwards, 156 A.3d 506 (Conn. 2017).
State v. Edwards, 156 A.3d 506 (Conn. 2017).
· cites it 8× “General Statutes § 53a-100aa(a) provides in relevant part: "A person is guilty of home invasion when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime…”
State v. Abraham, 343 Conn. 470 (Conn. 2022).
· cites it 9× “Following a jury trial, the defendant, Juny Oscar Abraham, was convicted of home invasion in violation of General Statutes § 53a-100aa (a) (2), attempt to commit assault in the first degree in violation of General Statutes §§ 53a-49 and 53a-59 (a) (1), reckless endangerment in…”
State v. Holley, 175 A.3d 514 (Conn. 2018).
· cites it 2× “The state *519 now **580 appeals, upon our grant of its petition for certification, 1 from the judgment of the Appellate Court reversing the judgment of the trial court, rendered in accordance with the jury's verdict, convicting the defendant of, inter alia, felony murder in…”
State v. Flores, 344 Conn. 713 (Conn. 2022).
· cites it 7× “The defendant, Adrian Flores, directly appeals from the judgment of conviction, rendered after a jury trial, of home invasion in violation of General Statutes § 53a-100aa (a) (1); home invasion in violation of General Statutes § 53a-100aa (a) (2); burglary in the first degree in…”
State v. Vega, 187 A.3d 424 (Conn. App. Ct. 2018).
· cites it 5× “On January 29, 2015, the defendant was charged by way of an amended information with the following eight offenses: (1) murder in violation of § 53a-54a(a) ; (2) felony murder in violation of General Statutes § 53a-54c ; (3) home invasion in violation of § 53a-100aa(a)(1) ; (4)…”
State v. Gonzalez, 204 A.3d 1183 (Conn. App. Ct. 2019).
· cites it 6× “" General Statutes § 53a-100aa(a) provides in relevant part: "A person is guilty of home invasion when such person enters .”
State v. Holmes, 169 A.3d 264 (Conn. App. Ct. 2017).
· cites it 3× “The defendant, Evan Jaron Holmes, appeals from the judgment of conviction, rendered after a jury trial, of felony murder in violation of General Statutes § 53a-54c, home invasion in violation of Gen- eral Statutes § 53a-100aa (a) (2), and conspiracy to com- mit home invasion in…”
State v. Lebrick, 178 A.3d 1064 (Conn. App. Ct. 2018).
· cites it 4× “…jury trial, of felony murder in violation of General Statutes (Rev. to 2009) § 53a-54c, home invasion in violation of General Statutes §§ 53a-100aa (a) (2) and 53a-8, conspiracy to commit home invasion in violation of General Statutes §§ 53a-100aa (a) (2) and 53a-48 (a),…”
State v. Hurdle, 217 Conn. App. 453 (Conn. App. Ct. 2023).
· cites it 4× “CR-XX-XXXXXXX with home invasion in violation of General Statutes § 53a-100aa (a) (1), robbery in the first degree in viola- tion of § 53a-134 (a) (4), conspiracy to commit robbery in the first degree in violation of §§ 53a-48 and 53a-134 (a), and criminal possession of a…”
State v. Olivero, 219 Conn. App. 553 (Conn. App. Ct. 2023).
· cites it 7× “The defendant subsequently was charged, by way of the state’s October 23, 2017 information, with assault in the first degree in violation of § 53a-59 (a) (1), bur- glary in the first degree in violation of General Statutes § 53a-101 (a) (2), and home invasion in violation of…”
Diaz v. Comm'r of Corr., 335 Conn. 53 (Conn. 2020).
· cites it 3× “‘‘The petitioner was charged in a substitute informa- tion with two counts of home invasion in violation of General Statutes § 53a-100aa,1 two counts of burglary in the first degree in violation of General Statutes § 53a- 101 (a) (1) and (2), one count of larceny in the third…”
State v. Williams, 202 A.3d 470 (Conn. App. Ct. 2019).
· cites it 9× “General Statutes § 53a-100aa (a) provides: "A person is guilty of home invasion when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein, and, in…”
— Conn. Gen. Stat. § 53a-100aa(a) — 3 cases
State v. Edwards, 156 A.3d 506 (Conn. 2017).
“General Statutes § 53a-100aa(a) provides in relevant part: "A person is guilty of home invasion when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime…”
State v. Gonzalez, 204 A.3d 1183 (Conn. App. Ct. 2019).
“" General Statutes § 53a-100aa(a) provides in relevant part: "A person is guilty of home invasion when such person enters .”
— Conn. Gen. Stat. § 53a-100aa(a)(1) — 4 cases
State v. Gonzalez, 204 A.3d 1183 (Conn. App. Ct. 2019).
“" General Statutes § 53a-100aa(a) provides in relevant part: "A person is guilty of home invasion when such person enters .”
State v. Vega, 187 A.3d 424 (Conn. App. Ct. 2018).
“On January 29, 2015, the defendant was charged by way of an amended information with the following eight offenses: (1) murder in violation of § 53a-54a(a) ; (2) felony murder in violation of General Statutes § 53a-54c ; (3) home invasion in violation of § 53a-100aa(a)(1) ; (4)…”
— Conn. Gen. Stat. § 53a-100aa(a)(2) — 5 cases
State v. Edwards, 156 A.3d 506 (Conn. 2017).
“General Statutes § 53a-100aa(a) provides in relevant part: "A person is guilty of home invasion when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime…”
State v. Vega, 187 A.3d 424 (Conn. App. Ct. 2018).
“On January 29, 2015, the defendant was charged by way of an amended information with the following eight offenses: (1) murder in violation of § 53a-54a(a) ; (2) felony murder in violation of General Statutes § 53a-54c ; (3) home invasion in violation of § 53a-100aa(a)(1) ; (4)…”
State v. Holmes, 169 A.3d 264 (Conn. App. Ct. 2017).
“The defendant, Evan Jaron Holmes, appeals from the judgment of conviction, rendered after a jury trial, of felony murder in violation of General Statutes § 53a-54c, home invasion in violation of Gen- eral Statutes § 53a-100aa (a) (2), and conspiracy to com- mit home invasion in…”
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