(a) A person is guilty of burglary in the third degree when he enters or remains unlawfully in a building with intent to commit a crime therein.
(b) Burglary in the third degree is a class D felony.
(1969, P.A. 828, S. 105.)
Cited. 161 C. 283; 173 C. 317; 174 C. 253; 176 C. 299; 182 C. 52; Id., 176; Id., 242; 183 C. 225; Id., 444; 184 C. 95; Id., 215; Id., 369; 186 C. 648; 187 C. 6; Id., 292; Id., 444; 189 C. 364; Id., 717; 190 C. 496; 191 C. 146; Id., 180; 193 C. 35; 194 C. 198; Id., 210; Id., 213; Id., 361; Id., 438; Id., 623; 196 C. 185; 197 C. 247; 198 C. 1; 199 C. 30; Id., 308; 202 C. 615; 216 C. 814; 218 C. 273; 219 C. 489; 220 C. 417; 223 C. 731; 232 C. 455; 235 C. 679; 237 C. 390; 239 C. 235; 240 C. 708. Trial court correctly permitted jury to consider charge of burglary in the third degree as lesser included offense of burglary in the first degree; state was not collaterally estopped from prosecuting defendant for burglary in the first degree. 275 C. 192.
Cited. 2 CA 537; 3 CA 132; Id., 359; Id., 503; 5 CA 599; 6 CA 24; Id., 680; 8 CA 478; 9 CA 141; 10 CA 258; Id., 279; Id., 447; Id., 503; 11 CA 805; 12 CA 1; Id., 196; Id., 375; 13 CA 214; Id., 220; 14 CA 119; Id., 526; 16 CA 184; Id., 601; 18 CA 368; 19 CA 48; 20 CA 205; Id., 721; 22 CA 440; 23 CA 123; Id., 151; Id., 201; 24 CA 295; 25 CA 503; 30 CA 190; 34 CA 751; judgment reversed, see 233 C. 211; 35 CA 107; Id., 405; Id., 714; 36 CA 177; Id., 364; 37 CA 40; Id., 228; 38 CA 225; Id., 481; 39 CA 1; Id., 579; 42 CA 507; 44 CA 162; 45 CA 566. Evidence that defendant entered residence and stated he would be able to hit wife before police could arrive was sufficient to establish that at the time he entered dwelling, defendant intended to commit crime of assault. 99 CA 203.
Cited. 33 CS 706; Id., 750; 38 CS 407.
Subsec. (a):
Cited. 177 C. 140; 181 C. 254; 189 C. 461; 194 C. 665; 198 C. 369; 212 C. 50; 218 C. 447.
Cited. 4 CA 514; 7 CA 1; Id., 75; 8 CA 491; Id., 528; 9 CA 121; 13 CA 438; 14 CA 309; judgment reversed, see 212 C. 50; 15 CA 531; 17 CA 490; 24 CA 502; 35 CA 699; 44 CA 307.
Notes of Decisions
Cited in
238
cases (
11 in the last 5 years), 1973–2024 · leading case:
State v. Carpenter, 562 A.2d 35 (Conn. App. Ct. 1989).
State v. Carpenter, 562 A.2d 35 (Conn. App. Ct. 1989).
· cites it 16× “The first information is based on the following six incidents: (1) burglary in the third degree in violation of General Statutes § 53a-103 and larceny in the sixth degree in violation of General Statutes § 53a-125b for a break-in at Jesus’ Grocery Store on January 28,1986; (2)…”
Wala v. Mukasey, 511 F.3d 102 (2d Cir. 2007).
· cites it 4× “Conn. Gen.Stat. § 53a-103; see also State v.”
State v. Johnson, 138 A.3d 1108 (Conn. App. Ct. 2016).
· cites it 5× “" Finally, General Statutes § 53a-61 (a) provides in relevant part: "A person is guilty of assault in the third degree when .”
State v. Cochran, 463 A.2d 618 (Conn. 1983).
· cites it 10× “By a two count information, dated July 13, 1979, the defendant was charged with the crimes of burglary in the third degree; General Statutes § 53a-103 (a); 1 and larceny in the second degree.”
State v. Little, 485 A.2d 913 (Conn. 1984).
· cites it 6× “General Statutes § 53a-103 (a). Considering the evidence in the light most favorable to the state, we hold that the state has discharged its burden and that the jury could reasonably have concluded as it did on the evidence.”
State v. Vincent, 479 A.2d 237 (Conn. 1984).
· cites it 6× “After a trial to the court, the defendant was found guilty of burglary in the third degree and larceny in the fourth degree in violation of General Statutes §§ 53a-103 1 and 53a-125, 2 respectively.”
State v. Groomes, 656 A.2d 646 (Conn. 1995).
· cites it 6× “…of burglary in the second degree; General Statutes § 53a-102; 5 one count of attempted burglary in the third degree; General Statutes §§ 53a-103 and 53a-49; 6 and eighteen counts of burglary in the *459 third degree. General Statutes § 53a-103. In a subsequent court trial,…”
State v. Patterson, 646 A.2d 258 (Conn. App. Ct. 1994).
· cites it 10× “The defendant was found guilty of burglary in the third degree in violation of General Statutes § 53a-103, but not guilty of larceny in the fourth degree.”
State v. Falby, 444 A.2d 213 (Conn. 1982).
· cites it 4× “The defendant, Edward Falby, was arrested on a warrant for third degree burglary in violation of General Statutes § 53a-103 and subsequently confessed to murder in violation of General Statutes § 53a-54a (a).”
State v. Stevenson, 849 A.2d 626 (Conn. 2004).
· cites it 2× “” General Statutes § 53a-103 provides: “(a) A person is guilty of burglary in the third degree when he enters or remains unlawfully in a building with intent to commit a crime (herein.”
State v. Russell, 588 A.2d 1376 (Conn. 1991).
· cites it 9× “The defendant, Eugene Russell, was charged by substitute information with burglary in the *275 third degree; General Statutes § 53a-103; larceny in the fourth degree; General Statutes § 53a-125; and being a persistent larceny offender.”
State v. James, 678 A.2d 1338 (Conn. 1996).
· cites it 4× “The defendant, Anthony James, was convicted after a jury trial of one count of felony murder in violation of General Statutes § 53a-54c 1 and one count of burglary in the third degree in violation of General Statutes § 53a-103. 2 He received a total effective sentence of fifty…”
— Conn. Gen. Stat. § 53a-103(a) — 4 cases
— Conn. Gen. Stat. § 53a-103(b) — 1 case
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