(a) The term “offense” means any crime or violation which constitutes a breach of any law of this state or any other state, federal law or local law or ordinance of a political subdivision of this state, for which a sentence to a term of imprisonment or to a fine, or both, may be imposed, except one that defines a motor vehicle violation or is deemed to be an infraction. The term “crime” comprises felonies and misdemeanors. Every offense which is not a “crime” is a “violation”. Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of sections 53a-28 to 53a-44, inclusive, shall apply to motor vehicle violations. Said provisions shall apply to convictions under section 21a-278 except that the execution of any mandatory minimum sentence imposed under the provisions of said section may not be suspended.
(1969, P.A. 828, S. 24; 1972, P.A. 294, S. 39; P.A. 75-380, S. 15; 75-577, S. 8, 126; P.A. 92-260, S. 8.)
History: 1972 act added provision in Subsec. (b) re applicability of Secs. 53a-28 to 53a-44 with respect to convictions under Sec. 19-480a; P.A. 75-380 amended Subsec. (a) to include breach of federal and other states' laws as offense; P.A. 75-577 included infractions in exception to “offense” definition in Subsec. (a); P.A. 92-260 made technical changes.
Cited. 166 C. 449; 209 C. 98; 226 C. 191; 228 C. 758; 229 C. 716.
Cited. 6 CA 505; 9 CA 686; 22 CA 108; 24 CA 195; 27 CA 225; 41 CA 454; 45 CA 722. Defendant charged with an infraction has no constitutional right to a jury trial because such right applies only to criminal prosecutions, and an infraction is not a crime pursuant to section. 134 CA 175. Classification by legislature of infractions as noncriminal acts payable by fine operates as a presumption that infractions do not constitute criminal offenses for purposes of double jeopardy analysis, albeit one that is rebuttable by clear proof to the contrary. Id., 346.
Cited. 36 CS 527; Id., 551.
Notes of Decisions
McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011).
· cites it 136× “' Commission to Revise the Criminal Statutes, Penal Code Comments, [Conn. Gen.Stat. Ann. § 53a-24], p. 8. There would be no purpose served by legislatively authorizing the application of sentencing provisions of the [P]enal [C]ode, i.”
State v. Reynolds, 836 A.2d 224 (Conn. 2003).
· cites it 19× “General Statutes § 53a-25 (a) 58 defines the term “felony” as “[a]n offense for which a person may be sentenced to a term of imprisonment in excess of one year .”
State v. Kluttz, 521 A.2d 178 (Conn. App. Ct. 1987).
· cites it 55× “pal claim on appeal is that negligent homicide with a motor vehicle, in violation of General Statutes § 14-222a, cannot be a lesser included offense of misconduct with a motor vehicle, in violation of General Statutes § 53a-57, because negligent homicide with a motor vehicle is…”
State v. Peeler, 857 A.2d 808 (Conn. 2004).
· cites it 4× “The defendant first argues that the plain language of § 53a-8 indicates that principles of accessorial liability cannot be used to prove aggravating factors in the penalty phase of a capital case.”
State v. Goffe, 676 A.2d 1377 (Conn. App. Ct. 1996).
· cites it 14× “” Moreover, under another section *464 of the 1969 Penal Code, now General Statutes § 53a-24 (a), 9 a motor vehicle violation is not a crime as that term “comprises felonies or misdemeanors.”
State v. Guckian, 605 A.2d 874 (Conn. App. Ct. 1992).
· cites it 8× “2d 168 (1980), the Appellate Session of the Superior Court held that a violation of General Statutes § 14-227a is a “crime.”
State v. Guckian, 627 A.2d 407 (Conn. 1993).
· cites it 7× “The state argues that our analysis should begin and end with General Statutes § 53a-24, which defines the term “crime” for purposes of the penal code.”
Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016).
· cites it 2× “Compare Conn. Gen. Stat. § 53a-24(a), with Vt. Stat.”
State v. Dukes, 547 A.2d 10 (Conn. 1988).
· cites it 4× “See General Statutes § 53a-24. There is no claim and no evidence that the pat-down search of this defendant, whom the officer now had probable cause to believe was guilty of a “crime,” was in any way pretextual.”
State v. Courchesne, 816 A.2d 562 (Conn. 2003).
· cites it 2× “General Statutes § 53a-24 provides in relevant part: “(a) The term ‘offense’ means any crime or violation which constitutes a breach of any law of this state or of any other state, federal law or local law or ordinance of a political subdivision of this state .”
State v. Menditto, 80 A.3d 923 (Conn. App. Ct. 2013).
· cites it 12× “156 -56, the Supreme Court considered, inter alia, General Statutes § 53a-24 (a) in its determination of whether the legislature intended a violation of General Statutes § 14-227ato be a crime.”
Odom v. Matteo, 772 F. Supp. 2d 377 (D. Conn. 2011).
· cites it 4× “Conn. Gen. Stat. § 53a-24(a) (emphasis added).”
— Conn. Gen. Stat. § 53a-24(a) — 3 cases
Odom v. Matteo, 772 F. Supp. 2d 377 (D. Conn. 2011).
“Conn. Gen. Stat. § 53a-24(a) (emphasis added).”
— Conn. Gen. Stat. § 53a-24(b) — 1 case
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