(a) A person is guilty of assault of an employee of the Department of Correction in the first degree when he is in the custody of the Commissioner of Correction or confined in any institution or facility of the Department of Correction and commits assault in the first degree under section
53a-59 and the victim of such assault is an employee of the Department of Correction acting in the performance of his duties.
(b) No person shall be found guilty of assault in the first degree and assault of an employee of the Department of Correction in the first degree upon the same incident of assault but such person may be charged and prosecuted for both such offenses upon the same information.
(c) Assault of an employee of the Department of Correction in the first degree is a class B felony. If any person is sentenced to a term of imprisonment for a violation of this section which occurred while such person was confined in an institution or facility of the Department of Correction, such term of imprisonment shall run consecutively to the term for which the person was serving at the time of the assault.
(P.A. 93-246, S. 2.)
See Sec. 53a-167c re assault of an employee of the Department of Correction, employee or member of the Board of Pardons and Paroles or probation officer.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2003–2022 · leading case:
State v. Kirsch, 820 A.2d 236 (Conn. 2003).
State v. Kirsch, 820 A.2d 236 (Conn. 2003).
· cites it 2× “, General Statutes § 53a-55a (a) (“[n]o person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction”); General Statutes § 53a-59a (b) (“[n]o person shall be found guilty of assault in the first…”
State v. Perez, 828 A.2d 626 (Conn. App. Ct. 2003).
· cites it 2× “, General Statutes § 53a-55a (a) (‘[n]o person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction’); General Statutes § 53a-59a (b) (‘[n]o person shall be found guilty of assault in the first…”
Ayuso v. Comm'r of Corr., 282 A.3d 983 (Conn. App. Ct. 2022).
· cites it 2× “B Next, the petitioner claims that the court improperly rejected his claim that trial counsel rendered deficient representation by failing to investigate and present certain evidence in support of his claim of self-defense.”
Pladsen v. Comm'r of Corr., 902 A.2d 704 (Conn. App. Ct. 2006).
· cites it 4× “He subsequently pleaded guilty to assault in the first degree in violation of General Statutes § 53a-59, assault of an employee of the department of correction in the first degree in violation of General Statutes § 53a-59b (a) and possession of a weapon or dangerous instrument…”
State v. Watson, 339 Conn. 452 (2021).
· cites it 2× “and assault of an elderly, blind, disabled, pregnant or mentally retarded person in the first degree upon the same incident of assault’’); General Statutes § 53a-59b (b) (‘‘[n]o person shall be found guilty of assault in the first degree and assault of an employee of the…”
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