(a) A person is guilty of robbery in the second degree when such person (1) commits robbery, as defined in section
53a-133, and (A) is aided by another person actually present; or (B) in the course of the commission of the crime or of immediate flight therefrom, such person or another participant in the crime displays or threatens the use of what such person represents by such person's words or conduct to be a deadly weapon or a dangerous instrument; or (2) in the course of committing a larceny while on the premises of a bank, Connecticut credit union or federal credit union, as those terms are defined in section
36a-2, intimidates an employee of the bank, Connecticut credit union or federal credit union by intentionally engaging in conduct that causes another person to reasonably fear for his or her physical safety or the physical safety of another for the purpose of: (A) Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking of the property; or (B) compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.
(b) Robbery in the second degree is a class C felony.
(1969, P.A. 828, S. 137; P.A. 75-411, S. 2; P.A. 92-260, S. 59; P.A. 12-186, S. 1.)
History: P.A. 75-411 clarified Subsec. (a)(2), including references to display of weapon and to actions in course of commission of crime or in course of immediate flight from commission of crime; P.A. 92-260 amended Subsec. (a) to add “as defined in section 53a-133”; P.A. 12-186 amended Subsec. (a) to designate existing elements of crime as Subdiv. (1), redesignate existing Subdivs. (1) and (2) as Subparas. (A) and (B), add new Subdiv. (2) re elements of crime in course of committing larceny while on premises of a bank, Connecticut credit union or federal credit union, and make technical changes.
Cited. 171 C. 47; Id., 105; 174 C. 142; 176 C. 270; 178 C. 287; 179 C. 576; 182 C. 207; 183 C. 156; 185 C. 260; 191 C. 506; 197 C. 309; 198 C. 158; 201 C. 125; Id., 489; 202 C. 224; 203 C. 506; 204 C. 630; 210 C. 435; 224 C. 445; 235 C. 469.
Cited. 2 CA 11; 12 CA 375; 13 CA 420; 14 CA 159; Id., 205; 36 CA 401; 37 CA 35; 39 CA 384; 43 CA 801.
Subsec. (a):
Cited. 169 C. 161; 173 C. 545; 176 C. 227; Id., 367; 179 C. 98; Id., 381; 182 C. 476; Id., 533; 184 C. 366; 187 C. 602; 190 C. 327; 194 C. 241; Id., 297; 197 C. 677; 199 C. 557; 200 C. 350; 209 C. 143; 211 C. 1; 229 C. 178; 230 C. 608; Id., 686; 235 C. 67; Id., 145; Id., 502.
Cited. 6 CA 247; 9 CA 656; 10 CA 330; 12 CA 239; 16 CA 264; Id., 455; 17 CA 247; 25 CA 428; 26 CA 779; 31 CA 47; 33 CA 143; Id., 184; Id., 468. Robbery in second degree pursuant to this section is not a lesser included offense of robbery in the first degree pursuant to Sec. 53a-134(a)(3). 35 CA 839. Cited. 36 CA 774; 41 CA 817. Court's failure to instruct jury on the lesser included offense of robbery in the second degree in violation of statute where there was uncontroverted evidence from two state's witnesses that the gun was inoperable constituted plain error and violated defendant's constitutional right to fair trial. 71 CA 865. To prove defendant guilty of conspiracy to commit robbery in the second degree in violation of Subdiv. (2), state needs to prove defendant and co-conspirator specifically had an agreement to display a deadly weapon or dangerous instrument and that defendant had specific intent that such a weapon or instrument would be displayed. 138 CA 228; judgment affirmed, see 315 C. 451. Subsec. contains no language indicating the legislature's intent to bar multiple punishments for the perpetrators of single second degree robberies who, in committing such offenses, violate multiple subdivisions of section. 175 CA 566. Subdiv. (1)(B): A defendant need not have a deadly weapon or dangerous instrument, but need only represent by his words or conduct that he is so armed. 203 CA 219.
Notes of Decisions
Cited in
168
cases (
18 in the last 5 years), 1975–2025 · leading case:
State v. Harris, 502 A.2d 880 (Conn. 1985).
State v. Harris, 502 A.2d 880 (Conn. 1985).
· cites it 22× “After a jury trial, the defendant, Van Harris, was found guilty of forgery in the second degree in violation of General Statutes § 53a-139 (a) (1) and of being an accessory to robbery in the second degree in violation of General Statutes §§ 53a-135 (a) (1) and 53a-8.”
State v. Edwards, 513 A.2d 669 (Conn. 1986).
· cites it 16× “, was found guilty by a jury on November 23,1983, of larceny in the fifth degree in violation of General Statutes § 53a-125a, accessory to robbery in the second degree in violation of General Statutes § 53a-135 (a) (l), 1 and forgery in the second degree in violation of General…”
State v. Crump, 518 A.2d 378 (Conn. 1986).
· cites it 14× “” The 1971 comments of the commission to revise the criminal statutes contain the following concerning General Statutes § 53a-135: “Robbery in the second degree makes the presence of an accomplice an aggravating factor. The rationale is that the accomplice is equal to a person…”
State v. Ortiz, 804 A.2d 937 (Conn. App. Ct. 2002).
· cites it 11× “, appeals from the judgment of conviction, rendered after a jury trial, of robbery in the first degree in violation of General Statutes § 53a-134 (a) (4), robbery of an occupied motor vehicle in violation of General Statutes § 53a-136a and robbery in the second degree in…”
State v. McGee, 168 A.3d 495 (Conn. App. Ct. 2017).
· cites it 12× “to 2007) § 53a-135 (a), violated his constitutional right against double jeopardy.”
State v. Leggett, 892 A.2d 1000 (Conn. App. Ct. 2006).
· cites it 12× “The defendant, Jerome Leggett, appeals from the judgment of conviction, rendered after a jury trial, of two counts of robbery in the second degree in violation of General Statutes §§ 53a-135 (a) (2) and 53a-8, and one count of conspiracy to commit robbery in the second degree in…”
State v. Pond, 50 A.3d 950 (Conn. App. Ct. 2012).
· cites it 12× “The crime of robbery in the second degree in violation of General Statutes § 53a-135 (a) *230 (2) 1 provides that a person is guilty of that crime when he commits robbery 2 and “in the course of the commission of the crime .”
Simms v. Warden, State Prison, 646 A.2d 126 (Conn. 1994).
· cites it 4× “His detention results from his 1983 conviction of accessory to assault of a person sixty years of age or older in the first degree pursuant to General Statutes §§ 53a-59 (a) (3), 53a-59a and 53a-8, and of robbery in the second degree pursuant to General Statutes § 53a-135 (a)…”
State v. Rodriguez, 946 A.2d 294 (Conn. App. Ct. 2008).
· cites it 9× “Rodriguez, appeals from the judgment of conviction, rendered after a jury trial, of robbery in the second degree in violation of General Statutes § 53a-135 (a) (1) and conspiracy to commit robbery in the second degree in violation of General Statutes §§ 53a-48 (a) and 53a-135…”
State v. Ingram, 687 A.2d 1279 (Conn. App. Ct. 1996).
· cites it 11× “The defendant, Jay Ingrain, appeals from the judgment of conviction, rendered after a juiy trial, of three counts of robbery in the second degree in violation of General Statutes § 53a-135 (a) (2), 1 as lesser included offenses of robbery in the first degree, and one count of…”
State v. Arena, 663 A.2d 972 (Conn. 1995).
· cites it 8× “*72 On appeal, the defendant claims that the trial court improperly refused to grant his request for an instruction to the jury on the crime of robbery in the second degree, General Statutes § 53a-135 (a) (2), 6 as a lesser included offense of the crime of robbery in the first…”
State v. Arena, 636 A.2d 398 (Conn. App. Ct. 1994).
· cites it 13× “ms that the trial court improperly (1) denied his motion to suppress a victim’s out-of-court identification of him, (2) denied his motion for judgment of acquittal because the evidence was insufficient to support his conviction of robbery in the first degree, (3) refused to…”
— Conn. Gen. Stat. § 53a-135(a) — 1 case
State v. McGee, 168 A.3d 495 (Conn. App. Ct. 2017).
“to 2007) § 53a-135 (a), violated his constitutional right against double jeopardy.”
— Conn. Gen. Stat. § 53a-135(a)(1) — 3 cases
State v. McGee, 168 A.3d 495 (Conn. App. Ct. 2017).
“to 2007) § 53a-135 (a), violated his constitutional right against double jeopardy.”
— Conn. Gen. Stat. § 53a-135(a)(1)(A) — 2 cases
— Conn. Gen. Stat. § 53a-135(a)(1)(B) — 2 cases
— Conn. Gen. Stat. § 53a-135(a)(2) — 3 cases
State v. McGee, 168 A.3d 495 (Conn. App. Ct. 2017).
“to 2007) § 53a-135 (a), violated his constitutional right against double jeopardy.”
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