Connecticut General Statutes

Conn. Gen. Stat. § 53a-45 (2026)

Murder: Penalty; waiver of jury trial; finding of lesser degree

✓ current as of May 2026

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(a) Murder is punishable as a class A felony in accordance with subdivision (2) of section 53a-35a unless it is a capital felony committed prior to April 25, 2012, punishable in accordance with subparagraph (A) of subdivision (1) of section 53a-35a, murder with special circumstances committed on or after April 25, 2012, punishable as a class A felony in accordance with subparagraph (B) of subdivision (1) of section 53a-35a, or murder under section 53a-54d.

(b) If a person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a waives his right to a jury trial and elects to be tried by a court, the court shall be composed of three judges designated by the Chief Court Administrator or his designee, who shall name one such judge to preside over the trial. Such judges, or a majority of them, shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly.

(c) The court or jury before which any person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a is tried may find such person guilty of homicide in a lesser degree than that charged.

(1969, P.A. 828, S. 45; P.A. 73-137, S. 1; P.A. 80-442, S. 13, 28; P.A. 82-298, S. 4; P.A. 83-210, S. 2, 5; P.A. 92-260, S. 22; P.A. 12-5, S. 4.)

History: P.A. 73-137 added reference to capital felonies in Subsec. (a) and substituted reference to Sec. 53a-46a for reference to Sec. 53a-46, deleted former Subsec. (b) which had allowed person indicted for murder to plead guilty with consent of court and state's attorney in which case court would sentence him as for a Class A felony, relettering former Subsecs. (c) and (d) accordingly; P.A. 80-442 specified punishment in accordance with Sec. 53a-35a and deleted reference to death sentenced under Sec. 53a-46a in Subsec. (a), effective July 1, 1981; P.A. 82-298 amended Subsec. (b) to provide that court shall be composed of three judges designated by chief court administrator, who shall also name one such judge to preside, where previously one judge was the judge presiding at the session and the other two were designated by the chief justice of the supreme court; P.A. 83-210 amended Subsecs. (b) and (c) by inserting “or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a”; P.A. 92-260 amended Subsec. (a) to add exception for “murder under section 53a-54d”, amended Subsec. (b) to replace provision that such judges or a majority of them “shall determine the question of guilt or innocence and shall, as provided in said section 53a-46a, render judgment and impose sentence” with “shall have power to decide all questions of law and fact arising upon the trial and render judgment accordingly”, and amended Subsec. (c) to replace “him” with “such person”; P.A. 12-5 amended Subsec. (a) to replace reference to capital felony with provision re capital felony committed prior to April 25, 2012, punishable under Sec. 53a-35a(1)(A), or murder with special circumstances committed on or after April 25, 2012, punishable as a class A felony under Sec. 53a-35a(1)(B), effective April 25, 2012.

Cited. 187 C. 6; 201 C. 435; 206 C. 346.

Cited. 9 CA 686.

Subsec. (b):

Cited. 180 C. 382; 190 C. 639; 198 C. 77; 199 C. 163; 207 C. 374. Defendant's decision to forgo a jury determination in capital felony sentencing proceeding and opt for sentencing by a three-judge panel was knowing, voluntary and intelligent; formulaic canvass of defendant is not required and validity of jury waiver is determined by examination of totality of the circumstances. 303 C. 71.

Subsec. (c):

Constitutionally permissible for a jury to find defendant indicted for murder guilty of homicide in a lesser degree where the evidence supports such a finding although the state of mind required is different. 180 C. 382. Cited. 181 C. 187; Id., 406; 182 C. 66; 188 C. 542; 190 C. 639; 193 C. 695; 195 C. 232. Manslaughter is not lesser included offense of felony murder. 196 C. 421. Cited. 201 C. 174; Id., 368; 210 C. 78; 212 C. 593; 214 C. 57; 225 C. 55; 226 C. 237; 231 C. 115; 240 C. 727.

Cited. 7 CA 180; 17 CA 502; judgment reversed, see 213 C. 579; 40 CA 151.

Cited. 42 CS 426.

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Notes of Decisions

Cited in 62 cases (2 in the last 5 years), 1972–2024 · leading case: State v. Reynolds, 836 A.2d 224 (Conn. 2003).

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State v. Reynolds, 836 A.2d 224 (Conn. 2003). · cites it 9× “The defendant waived his right to a jury trial and elected to be tried by a three judge court in accordance with General Statutes § 53a-45. 11 *23 Prior to trial, the defendant filed a motion to suppress certain statements that he had made to the police during the investigation…”

State v. Rizzo, 31 A.3d 1094 (Conn. 2011). · cites it 12× “to 1997) § 53a-46a (b)(3); General Statutes §§ 53a-45 and 54-82; [4] was not knowing, intelligent and voluntary.”

State v. Rodriguez, 429 A.2d 919 (Conn. 1980). · cites it 13× “In this regard, he claims that General Statutes § 53a-45 (c) is, in this case, in conflict with the right of a criminal defendant to be informed of the nature and cause of the accusation against him under the federal and state constitutions. See U.S. Const., amend. VI; Conn.…”

State v. Cobb, 743 A.2d 1 (Conn. 1999). · cites it 8× “7 The defendant waived a jury trial and elected to be tried by a three judge court, as provided by General Statutes § 53a-45. 8 Pursuant to § 53a-45, the deputy chief *300 court administrator, Hennessy, J.”

State v. Falby, 444 A.2d 213 (Conn. 1982). · cites it 8× “[8] Instead, the court instructed only on murder and manslaughter in the first degree.”

State v. Maselli, 437 A.2d 836 (Conn. 1980). · cites it 10× “*71 We have recently held that by virtue of General Statutes § 53a-45 (c) [2] a murder indictment is deemed to notify a defendant that upon the trial he may be found guilty of homicide in any lesser degree than that charged.”

State v. Sanseverino, 969 A.2d 710 (Conn. 2009). · cites it 6× “Both of those cases, however, involved General Statutes § 53a-45 (c). State v. Rodriguez, supra, at 399 , 429 A.”

State v. Webb, 680 A.2d 147 (Conn. 1996). · cites it 4× “General Statutes § 53a-45 (b) provides: “If a person indicted for murder or held to answer for murder after a hearing conducted in accordance with the provisions of section 54-46a waives his right to a jury trial and elects to be tried by a court, the court shall be composed of…”

State v. Castro, 493 A.2d 223 (Conn. 1985). · cites it 6× “1 *422 He appeals, claiming that the trial court erred (1) in restricting his cross-examination of a witness in violation of his constitutional right to confrontation, and (2) in failing to instruct the jury on lesser included homicides pursuant to General Statutes § 53a-45 (c).…”

State v. Breton, 824 A.2d 778 (Conn. 2003). · cites it 5× “to 1995) § 53a-46a (b) and General Statutes §§ 53a-45 (b) 5 and 54-82 (b).”

State v. Rasmussen, 621 A.2d 728 (Conn. 1993). · cites it 4× “2d 919 (1980); see also General Statutes § 53a-45 (c); State v. Burge, 195 Conn.”

State v. Jones, 662 A.2d 1199 (Conn. 1995). · cites it 4× “” General Statutes § 53a-54a (c); see General Statutes § 53a-45 (a). 7 That does not mean, however, as the majority suggests, that the legislative difference between capital *366 felony as defined by § 53a-54b, including subdivision (3), and murder as defined by § 53a-54a is…”

Show all 62 citing cases →

— Conn. Gen. Stat. § 53a-45(b) — 1 case

State v. Rodriguez, 429 A.2d 919 (Conn. 1980). “In this regard, he claims that General Statutes § 53a-45 (c) is, in this case, in conflict with the right of a criminal defendant to be informed of the nature and cause of the accusation against him under the federal and state constitutions. See U.S. Const., amend. VI; Conn.…”

— Conn. Gen. Stat. § 53a-45(c) — 1 case

Asherman v. Meachum, 739 F. Supp. 718 (D. Conn. 1990).

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