(a) A person is guilty of criminal trespass in the third degree when, knowing that such person is not licensed or privileged to do so: (1) Such person enters or remains in premises which are posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or are fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to the state and are appurtenant to any state institution; or (2) such person enters or remains in any premises for the purpose of hunting, trapping or fishing; or (3) such person enters or remains on public land which is posted in a manner prescribed by law or reasonably likely to come to the attention of intruders or is fenced or otherwise enclosed in a manner designed to exclude intruders.
(b) Criminal trespass in the third degree is a class C misdemeanor, except that any person found guilty under subdivision (2) of subsection (a) of this section shall be guilty of a class B misdemeanor and fined not less than five hundred nor more than one thousand dollars.
(1969, P.A. 828, S. 111; 1971, P.A. 871, S. 20; P.A. 92-260, S. 44; P.A. 05-234, S. 3; P.A. 12-84, S. 1.)
History: 1971 act added Subsec. (a)(2) specifying that person's entering or remaining in premises for purpose of hunting, trapping or fishing although he knows he is not licensed or privileged to do so is criminal trespass in the third degree; P.A. 92-260 made technical changes and deleted redundant language in Subsec. (a); P.A. 05-234 added Subsec. (a)(3) re entry or remaining on public land which is posted or is fenced or otherwise enclosed and to make technical changes, effective January 1, 2006; P.A. 12-84 amended Subsec. (b) to add provision re any person found guilty under Subsec. (a)(2) shall be guilty of a class B misdemeanor and fined not less than $500 or more than $1,000.
See Sec. 53a-44a re surcharge on fine for trespass on public land.
Cited. 203 C. 466; Id., 624; 240 C. 708.
Cited. 20 CA 599; 24 CA 195; 35 CA 714.
Cited. 35 CS 555.
Subsec. (a):
Evidence that defendant entered building by not using main entrance but instead forcing open a locked door labeled with a no trespassing sign was sufficient to support conviction under section. 83 CA 377. Statute does not demand that premises be completely enclosed to fall within its purview, but they must be enclosed sufficiently to exclude intruders, namely, those who purposefully enter the property despite having no legitimate reason to do so; where entire property was enclosed by combination of concrete wall and chain link fence, save only for opening in front, which allowed pedestrian traffic to access sidewalk by way of set of steps, property was sufficiently enclosed, even with small gateless entryway, to bring it within the protections of section. 105 CA 179.
Notes of Decisions
Cited in
29
cases (
3 in the last 5 years), 1978–2024 · 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 46× “54-55 (1971); Commission to Revise the Criminal Statutes, Penal Code comments, Connecticut General Statutes Annotated (West 2007) § 53a-109, p. 499. This official comment, which discusses the need to "enclose" property, compounded with the statute's use of this term "intruder,"…”
State v. Ward, 849 A.2d 860 (Conn. App. Ct. 2004).
· cites it 8× “” Commission to Revise the Criminal Statutes, Penal Code Comments, Conn. Gen. Stat. Ann. § 53a-109 (West 2001), commission comment, p.”
State v. McMahon, 778 A.2d 847 (Conn. 2001).
· cites it 4× “” The defendant also was charged with and convicted of: one count of criminal trespass in the third degree in violation of General Statutes § 53a-109 (a) (2); three counts of illegal hunting of deer with a firearm in violation of General Statutes § 26-86a (a), and Regs.”
State v. Dawson, 340 Conn. 136 (Conn. 2021).
· cites it 4× “Subsequently, the state filed an amended long form information charging the defen- dant with criminal possession of a pistol or revolver in violation of § 53a-217c and criminal trespass in violation of General Statutes § 53a-109 (a) (1).”
State v. Robinson, 963 A.2d 59 (Conn. 2009).
· cites it 7× “The sole issue in this certified appeal is whether probable cause existed to arrest the defendant, Kevin Robinson, for criminal trespass in the third degree in violation of General Statutes § 53a-109 (a) (l), 1 when the opening in the concrete wall in the front of the premises…”
State v. Dawson, 205 A.3d 662 (Conn. App. Ct. 2019).
· cites it 5× “He was charged in separate informations with criminal possession of a firearm in violation of General Statutes § 53a-217 9 and criminal trespass in the third degree in violation of General Statutes § 53a-109 (a) (1). The informations were consolidated for trial.”
State v. Anonymous, 694 A.2d 766 (Conn. 1997).
· cites it 4× “dment to the federal constitution when he asked the police during custodial interrogation: “Do I still have the right to an attorney?” The *710 defendant was charged with arson in the first degree in violation of General Statutes § 53a-lll (a) (4), 1 burglary in the third degree…”
Leydon v. Town of Greenwich, 777 A.2d 552 (Conn. 2001).
· cites it 2× “Although this is not a criminal case, the second justification nevertheless is relevant because any nonresident who enters Greenwich Point unaccompanied by a town resident, presumably would be subject to prosecution for criminal trespass in the third degree under General…”
Williams v. Comm'r of Corr., 991 A.2d 705 (Conn. App. Ct. 2010).
· cites it 3× “ocket 473), he was charged with possession of a narcotic substance with intent to sell by a person who is not drug-dependent in violation of General Statutes § 2 la-278 (b), possession of a narcotic substance with intent to sell within 1500 feet of a public housing project in…”
State v. Vidro, 800 A.2d 661 (Conn. App. Ct. 2002).
· cites it 3× “” General Statutes § 53a-109 (a) provides in relevant part: “A person is guilty of criminal trespass in the third degree when, knowing that he is not licensed or privileged to do so: (1) He enters or remains in premises which are posted in a manner prescribed by law or…”
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. Harper, 143 A.3d 1147 (Conn. App. Ct. 2016).
· cites it 5× “*332 The defendant, William Conway Harper, appeals from the judgment of conviction rendered against him after a court trial on charges of criminal trespass in the third degree in violation of General Statutes § 53a-109 (a) and possession of less than one-half ounce of marijuana…”
— Conn. Gen. Stat. § 53a-109(a) — 2 cases
State v. Robinson, 937 A.2d 717 (Conn. App. Ct. 2008).
“54-55 (1971); Commission to Revise the Criminal Statutes, Penal Code comments, Connecticut General Statutes Annotated (West 2007) § 53a-109, p. 499. This official comment, which discusses the need to "enclose" property, compounded with the statute's use of this term "intruder,"…”
— Conn. Gen. Stat. § 53a-109(a)(1) — 1 case
State v. Robinson, 937 A.2d 717 (Conn. App. Ct. 2008).
“54-55 (1971); Commission to Revise the Criminal Statutes, Penal Code comments, Connecticut General Statutes Annotated (West 2007) § 53a-109, p. 499. This official comment, which discusses the need to "enclose" property, compounded with the statute's use of this term "intruder,"…”
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