(a) A person is guilty of burglary in the second degree with a firearm when he commits burglary in the second degree as provided in section
53a-102, and in the commission of such offense he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, rifle, shotgun, machine gun or other firearm. No person shall be convicted of burglary in the second degree and burglary in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Burglary in the second degree with a firearm is a class C felony for which one year of the sentence imposed shall not be suspended or reduced by the court.
(P.A. 75-380, S. 11; P.A. 76-435, S. 4, 68, 82; P.A. 92-260, S. 41.)
History: P.A. 76-435 made technical corrections, adding simple burglary in the second degree in Subsec. (a) and specifying in Subsec. (b) that burglary in second degree with a firearm is a Class C, rather than Class B, felony; P.A. 92-260 made technical changes in Subsec. (a).
Cited. 188 C. 697; 190 C. 496; 199 C. 255; 207 C. 412; 216 C. 282.
Cited. 6 CA 24; 35 CA 714.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1982–2025 · leading case:
White v. Comm'r of Corr., 154 A.3d 1054 (Conn. App. Ct. 2017).
White v. Comm'r of Corr., 154 A.3d 1054 (Conn. App. Ct. 2017).
· cites it 6× “Following a jury trial, the petitioner was convicted of kidnapping in the second degree with a firearm in violation of General Statutes § 53a-94a (a) 2 and burglary in the second degree with a firearm in violation of General Statutes § 53a-102a (a). 3 He was sentenced by the…”
State v. Shockley, 453 A.2d 441 (Conn. 1982).
· cites it 4× “On July 24, 1978, the defendant was arrested and charged in a three count information with kidnapping in the second degree with a firearm in violation of General Statutes § 53a-94a; sexual assault in the first degree with a firearm in violation of General Statutes § 53a-70a and…”
State v. Harrell, 506 A.2d 1041 (Conn. 1986).
· cites it 3× “General Statutes § 53a-102a provides in relevant part: “(a) A person is guilty of burglary in the second degree with a firearm when he commits burglary in the second degree as provided in section 53a-102, and in the commission of such offense he uses or is armed with and…”
State v. Ayala, 36 A.3d 274 (Conn. App. Ct. 2012).
· cites it 4× “, appeals from the judgment of conviction, rendered following a jury trial, of burglary in the second degree with a firearm in violation of General Statutes § 53a-102a (a), burglary in the first degree in violation of General Statutes § 53a-101 (a) (3), kidnapping in the second…”
State v. Browne, 854 A.2d 13 (Conn. App. Ct. 2004).
· cites it 2× “, General Statutes § 53a-102a (a), which provides in relevant part: “No person shall be convicted of burglary in the second degree and burglary in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon…”
State v. White, 906 A.2d 728 (Conn. App. Ct. 2006).
· cites it 4× “White III, appeals from the judgment of conviction, rendered after *765 a jury trial, of kidnapping in the second degree with a firearm in violation of General Statutes § 53a-94a (a) 2 and burglary in the second degree with a firearm in violation of General Statutes § 53a-102a…”
State v. Perez, 828 A.2d 626 (Conn. App. Ct. 2003).
· cites it 2× “In his request to charge the jury, the defendant sought to have the court instruct the jury on burglary in the second degree with a firearm in violation of General Statutes § 53a-102a, which is precisely the charge that the court provided.”
Plourde v. Liburdi, 540 A.2d 1054 (Conn. 1988).
“…firearm; § 53a-94a (b), kidnapping in the second degree with a firearm; § 53a-101 (c), burglary in the first degree; § 53a-102a (b), burglary in the second degree with a firearm; § 53a-103a (b), burglary in the third degree with a firearm; and § 53a-134 (b), robbery in the…”
State v. Gregory, 812 A.2d 102 (Conn. App. Ct. 2002).
· cites it 2× “ndere to two counts of kidnapping in the first degree in violation *250 of General Statutes § 53a-92 (a) (2), one count of burglary in the first degree in violation of General Statutes § 53a-101 (a) (2), one count of sexual assault in the first degree in violation of General…”
Syms v. Tebow (D. Conn. 2025).
· cites it 2× “o kidnapping in the first degree in violation of Connecticut General Statutes § 53a-8 and § 53a-92(a)(b), robbery in the first degree in violation of Connecticut General Statutes § 53a- 134a(4), conspiracy to commit robbery in the first degree in violation of Connecticut General…”
Ayala v. Comm'r of Corr., 123 A.3d 447 (Conn. App. Ct. 2015).
· cites it 2× “‘‘The [petitioner] subsequently was arrested and charged in a six count information with burglary in the second degree with a firearm in violation of [General Statutes] § 53a-102a (a), burglary in the first degree in violation of [General Statutes] § 53a-101 (a) (3), kidnap-…”
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