A person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent an attempt by such other person to commit larceny or criminal mischief involving property, or when and to the extent he reasonably believes such to be necessary to regain property which he reasonably believes to have been acquired by larceny within a reasonable time prior to the use of such force; but he may use deadly physical force under such circumstances only in defense of person as prescribed in section
53a-19.
(1969, P.A. 828, S. 21; 1971, P.A. 871, S. 7; P.A. 92-260, S. 6.)
History: 1971 act specified use of “reasonable” physical force; P.A. 92-260 made technical changes by replacing “believes it necessary” with “believes such to be necessary”.
Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. Cited. 204 C. 240; 209 C. 75; 226 C. 601. Section does not bar defendant from claiming that he did not commit a larceny in order to defend against a robbery charge where larceny is an element of the robbery offense. 317 C. 338.
Cited. 2 CA 617; judgment overruled in part, see 317 C. 338; 8 CA 667; judgment overruled in part, see 317 C. 338; 16 CA 455; 19 CA 445; 23 CA 615; 24 CA 195; 29 CA 283; judgment reversed, see 228 C. 795; 31 CA 58; 32 CA 687; 34 CA 368, see also 233 C. 517; 45 CA 390. Privilege to enter another's home to retrieve goods does not exist when defendant voluntarily gave his property to the victim. 116 CA 112. Section mandates that a defendant must use reasonable physical force upon another person to invoke defense of property; section is inapplicable to crimes involving the use of force against property. 187 CA 813; judgment affirmed on alternate grounds, see 335 C. 720.
Cited. 34 CS 612.
Notes of Decisions
Cited in
35
cases (
6 in the last 5 years), 1977–2024 · leading case:
State v. Smith, 86 A.3d 498 (Conn. App. Ct. 2014).
State v. Smith, 86 A.3d 498 (Conn. App. Ct. 2014).
· cites it 32× “The basis for the state’s statutory interpretation is General Statutes § 53a-21, which provides in relevant part: ‘‘A person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent an…”
State v. Woolfolk, 517 A.2d 252 (Conn. App. Ct. 1986).
· cites it 17× “The defendant appeals from that judgment, claiming that the trial court erred (1) in refusing to instruct the jury as to the use of physical force in defense of property as set forth in General Statutes § 53a-21, and (2) in failing to give the requested charge relating to…”
State v. Torrice, 564 A.2d 330 (Conn. App. Ct. 1989).
· cites it 5× “The defendant appeals from the trial court’s judgment of conviction, rendered after a jury trial, of one count of assault in the second degree in violation of General Statutes § 53a-60 (a) (l), 1 four *77 counts of assault in the third degree in violation of General Statutes §…”
State v. Ramon A. G., 336 Conn. 386 (Conn. 2020).
· cites it 3× “On the first day of trial, the defendant filed a one page request to charge, seeking an instruc- tion on the defense of personal property pursuant to General Statutes § 53a-21. The defendant did not iden- tify the evidentiary basis for this request or indicate to which charges…”
State v. Calabrese, 975 A.2d 126 (Conn. App. Ct. 2009).
· cites it 4× “" General Statutes § 53a-21. Conversely, in the present case, the defendant voluntary gave his property to the victim.”
State v. Anderson, 864 A.2d 35 (Conn. App. Ct. 2005).
· cites it 2× “As an alternative basis for reversal of his conviction, the defendant claims that § 53a-21 (a) (1), as applied to the two fact patterns that are legally insufficient bases for conviction, is unconstitutionally vague.”
State v. Rivera, 204 A.3d 4 (Conn. App. Ct. 2019).
· cites it 5× “" General Statutes § 53a-21 provides: "A person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent an attempt by such other person to commit larceny or criminal mischief involving…”
State v. Messier, 549 A.2d 270 (Conn. App. Ct. 1988).
· cites it 4× “General Statutes § 53a-21 provides in pertinent part that “[a] person is justified in using reasonable physical force upon another person .”
State v. Harrison, 631 A.2d 324 (Conn. App. Ct. 1993).
· cites it 4× “Therefore, the crux of the inquiry is not whether the defendant reasonably believed he was being robbed, but whether the defendant reasonably believed that the victim was using or about to use deadly physical force or was inflicting or about to inflict great bodily harm.”
State v. Estrella J.C., 148 A.3d 594 (Conn. App. Ct. 2016).
“" We note that in 2007, § 53a-21 (a) was amended by Public Acts 2007, No.”
State v. Indrisano, 613 A.2d 1375 (Conn. App. Ct. 1992).
· cites it 3× “Pursuant to § 53a-21, “[a] person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes it necessary .”
State v. Robert H., 146 A.3d 995 (Conn. App. Ct. 2016).
· cites it 2× “rmation with the following offenses: (1) sexual assault in the first degree in violation of General Statutes § 53a-70(a)(2) ; 2 (2) sexual assault in the first degree in violation of § 53a-70(a)(1) ; 3 (3) injury or risk of injury to, or impairing morals of a child in violation…”
— Conn. Gen. Stat. § 53a-21(a)(1) — 1 case
— Conn. Gen. Stat. § 53a-21(a)(2) — 3 cases
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