Conn. Gen. Stat. » Title 53a — PENAL CODE · Chapter 952 — Penal Code: Offenses
Connecticut General Statutes

Conn. Gen. Stat. § 53a-110 (2026)

Affirmative defenses to criminal trespass

✓ current as of May 2026
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It shall be an affirmative defense to prosecution for criminal trespass that: (1) The building involved in the offense was abandoned; or (2) the premises, at the time of the entry or remaining, were open to the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or (3) the actor reasonably believed that the owner of the premises, or a person empowered to license access thereto, would have licensed him to enter or remain, or that he was licensed to do so.

(1969, P.A. 828, S. 112.)

Cited. 202 C. 86; 215 C. 82; Id., 257.

Cited. 18 CA 303; 20 CA 599; 35 CA 714.

Cited. 35 CS 555.

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Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1978–2022 · leading case: State v. Swebilius, 159 A.3d 1099 (Conn. 2017).
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State v. Swebilius, 159 A.3d 1099 (Conn. 2017). · cites it 4× “ved that prior spouse was dead or did not know that other person was legally married); General Statutes § 53a-196g (affirmative defense to charge of possessing child pornography if defendant possessed fewer than three pornographic images, did not knowingly take steps to possess…”
Carothers v. Capozziello, 574 A.2d 1268 (Conn. 1990). · cites it 4× “See General Statutes § 53a-110; 20 Kellogg v.”
State v. Ward, 849 A.2d 860 (Conn. App. Ct. 2004). · cites it 7× “” Commission to Revise the Criminal Statutes, Penal Code Comments, Conn. Gen. Stat. Ann. § 53a-110 (West 2001), commission comment, p.”
Ward v. Housatonic Area Reg'l Transit Dist., 154 F. Supp. 2d 339 (D. Conn. 2001). · cites it 4× “Conn.Gen.Stat. § 53a-110 Claim and Claim for False Statements HART seeks summary judgement on Count Twenty-Six brought under Section 110 of Chapter 53a in which it is alleged to have violated Ward’s right to be on public property.”
State v. Belle, 576 A.2d 139 (Conn. 1990). · cites it 4× “II The defendant also challenges the trial court’s refusal to instruct the jury, as requested, on the affirmative defense to criminal trespass set forth in General Statutes § 53a-110: “It shall be an affirmative defense to prosecution for criminal trespass that .”
State v. Steinmann, 569 A.2d 557 (Conn. App. Ct. 1990). · cites it 3× “” General Statutes § 53a-110 provides: “It shall be an affirmative defense to prosecution for criminal trespass that: (1) The building involved in the offense was abandoned; or (2) the premises, at the time of the entry or remaining, were open to the public and the actor…”
Campbell v. Porter, 212 Conn. App. 377 (Conn. App. Ct. 2022). · cites it 2× “See General Statutes § 53a-110 (‘‘[i]t shall be an affirmative defense to prose- cution for criminal trespass that .”
State v. Stanko, 304 Neb. 675 (Neb. 2019). “The court reasoned that, as a place of public business, the casino could lawfully exclude patrons for cause only, and it stated that “fairness mandates that when the patron attempts to return to the casino and acts in accord­ance with all lawful conditions imposed, the patron 30…”
State v. Sweeney, 935 A.2d 178 (Conn. App. Ct. 2007). · cites it 2× “” General Statutes § 53a-110. The defendant testified that he entered the building when a resident of the building who recognized him opened the door for him; he argues that he reasonably believed, on the basis of his prior visits to the building and the resident’s allowing him…”
Martinsky v. City of Bridgeport, 814 F. Supp. 2d 130 (D. Conn. 2011). · cites it 2× “For the charge of larceny to be supported by probable cause, the facts and circumstances known to the Defendants at the time the summons was issued must have been sufficient to warrant a person of reasonable caution to believe that Plaintiff had violated the elements of Conn.…”
State v. Martin, 398 A.2d 1197 (Conn. Super. Ct. 1978). · cites it 2× “General Statutes § 53a-110 4 establishes a number of such defenses to prosecution for criminal trespass.”
State v. Domian, 646 A.2d 940 (Conn. App. Ct. 1994). “” Section 53a-110 provides in part: “It shall be an affirmative defense to prosecution for criminal trespass that .”
— Conn. Gen. Stat. § 53a-110(1) — 1 case
State v. Swebilius, 159 A.3d 1099 (Conn. 2017). “ved that prior spouse was dead or did not know that other person was legally married); General Statutes § 53a-196g (affirmative defense to charge of possessing child pornography if defendant possessed fewer than three pornographic images, did not knowingly take steps to possess…”
— Conn. Gen. Stat. § 53a-110(3) — 1 case
State v. Swebilius, 159 A.3d 1099 (Conn. 2017). “ved that prior spouse was dead or did not know that other person was legally married); General Statutes § 53a-196g (affirmative defense to charge of possessing child pornography if defendant possessed fewer than three pornographic images, did not knowingly take steps to possess…”
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