(a) A person is guilty of criminal trespass in the second degree when, knowing that such person is not licensed or privileged to do so, (1) such person enters or remains in a building, or (2) such person enters or remains on public land.
(b) Criminal trespass in the second degree is a class B misdemeanor.
(1969, P.A. 828, S. 110; P.A. 05-234, S. 2.)
History: P.A. 05-234 amended Subsec. (a) to designate existing provision re entry or remaining in a building as Subdiv. (1), add Subdiv. (2) re entry or remaining on public land and make technical changes for purposes of gender neutrality, effective January 1, 2006.
See Sec. 53a-44a re surcharge on fine for trespass on public land.
Cited. 203 C. 466; Id., 624; 215 C. 257. Section not applicable based on defendant's knowledge. 245 C. 657.
Cited. 12 CA 375; 19 CA 245; 20 CA 599; Id., 721; 24 CA 489; Id., 541; 31 CA 370; 35 CA 107; Id., 714.
Cited. 35 CS 555; 37 CS 755.
Notes of Decisions
Cited in
29
cases, 1981–2019 · leading case:
State v. Robinson, 937 A.2d 717 (Conn. App. Ct. 2008).
State v. Robinson, 937 A.2d 717 (Conn. App. Ct. 2008).
· cites it 8× “Thus, in order to be found guilty of criminal trespass in the first degree in violation of General Statutes § 53a-107, [1] criminal trespass in the second degree in violation of General Statutes § 53a-108, [2] criminal trespass in the third degree in violation of § 53a-109 [3]…”
State v. Belle, 576 A.2d 139 (Conn. 1990).
· cites it 4× “2 After a jury trial, he was acquitted of the charged offenses, but was convicted of criminal trespass in the second degree; General Statutes § 53a-108; 3 a lesser included offense of burglary in the second degree.”
State v. Aloi, 911 A.2d 1086 (Conn. 2007).
· cites it 2× “01-84), 1 criminal trespass in the second degree in violation of General Statutes § 53a-108 and criminal mischief in the third degree in violation of General Statutes § 53a-117.”
State v. Rodriguez, 881 A.2d 371 (Conn. App. Ct. 2005).
· cites it 2× “53a-102 (a), one count of burglary in the third degree in violation of General Statutes § 53a-103, one count of larceny in the third degree in violation of General Statutes §§ 53a-119 and 53a-124 (a) (1), one count of larceny in the sixth degree in violation of General Statutes…”
State v. Delgado, 562 A.2d 539 (Conn. App. Ct. 1989).
· cites it 3× “unless it was in defiance of an order to leave.” Comment of Commission to Revise the Criminal Statutes, Connecticut General Statutes Annotated (West) § 53a-108.”
State v. White, 906 A.2d 728 (Conn. App. Ct. 2006).
· cites it 4× “The elements of criminal trespass in the second degree are that the defendant (1) entered or remained in a building and (2) knew that he was not *778 licensed or privileged to do so.”
State v. Brunette, 886 A.2d 427 (Conn. App. Ct. 2005).
· cites it 2× “" General Statutes § 53a-108 (a) provides: “A person is guilty of criminal trespass in the second degree when, knowing that he is not licensed or privileged to do so, he enters or remains in a building.”
State v. Aloi, 861 A.2d 1180 (Conn. App. Ct. 2004).
· cites it 2× “The defendant, Paul Aloi, appeals from the judgments of conviction, rendered after a trial to the court, of criminal trespass in the second degree as a lesser offense included within burglary in the third degree in violation of General Statutes § 53a-108, interfering with an…”
State v. Lahai, 18 A.3d 630 (Conn. App. Ct. 2011).
· cites it 2× “He thereafter was convicted of criminal trespass in the second degree in violation of General Statutes § 53a-108 and sentenced to ninety days incarceration.”
State v. Tuszynski, 579 A.2d 1100 (Conn. App. Ct. 1990).
· cites it 2× “The defendant pleaded guilty to one count of burglary in the second degree in violation of General Statutes § 53a-102, one count of burglary in the third degree in violation of General Statutes § 53a-108, and one count of larceny in the third degree in violation of General…”
Sabir v. Jowett, 214 F. Supp. 2d 226 (D. Conn. 2002).
· cites it 2× “” Conn. Gen.Stat. § 53a-108. Again, there is sufficient evidence to support a finding that Sabir was not told to leave the casino, and that he did not remain in the casino host area after having been told to leave or knowing that he was not permitted to do so.”
State v. Steinmann, 569 A.2d 557 (Conn. App. Ct. 1990).
· cites it 2× “” General Statutes § 53a-108 provides: “(a) A person is guilty of criminal trespass in the second degree when, knowing that he is not licensed or priv *607 ileged to do so, he enters or remains in a building, (b) Criminal trespass in the second degree is a class B misdemeanor.”
Conn. Gen. Stat. § 53a-108(a): 1 case
State v. Robinson, 937 A.2d 717 (Conn. App. Ct. 2008).
“Thus, in order to be found guilty of criminal trespass in the first degree in violation of General Statutes § 53a-107, [1] criminal trespass in the second degree in violation of General Statutes § 53a-108, [2] criminal trespass in the third degree in violation of § 53a-109 [3]…”
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