Conn. Gen. Stat. » Title 53a — PENAL CODE · Chapter 951 — Penal Code: Statutory Construction; Principles of Criminal Liability
Connecticut General Statutes

Conn. Gen. Stat. § 53a-9 (2026)

Lack of criminal responsibility; absence of prosecution or conviction not a defense

✓ current as of May 2026
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In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8 it shall not be a defense that: (1) Such other person is not guilty of the offense in question because of lack of criminal responsibility or legal capacity or awareness of the criminal nature of the conduct in question or of the defendant's criminal purpose or because of other factors precluding the mental state required for the commission of the offense in question; or (2) such other person has not been prosecuted for or convicted of any offense based upon the conduct in question, or has been acquitted thereof, or has legal immunity from prosecution therefor; or (3) the offense in question, as defined, can be committed only by a particular class or classes of persons, and the defendant, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

(1969, P.A. 828, S. 9.)

Cited. 179 C. 1; 209 C. 75; 242 C. 409. Section clearly abrogates judicially created doctrine of collateral estoppel to the extent that the doctrine would preclude retrial of the issue of the principal's guilt. 270 C. 458.

Cited. 35 CA 138; Id., 360.

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Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1979–2024 · leading case: State v. Montanez, 894 A.2d 928 (Conn. 2006).
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State v. Montanez, 894 A.2d 928 (Conn. 2006). · cites it 11× “The proposition that another person’s commission of an offense is a condition precedent to the imposition of accessorial liability also is consistent with General Statutes § 53a-9. That statute provides in relevant part that, “[i]n any prosecution for an offense in which the…”
State v. Garner, 853 A.2d 478 (Conn. 2004). · cites it 7× “Ill ACCESSORY LIABILITY WHEN THE PRINCIPAL HAS BEEN ACQUITTED We next address the defendant’s claim that the court improperly denied his motion to dismiss the charges of murder and capital felony against him on the ground that Adrian’s acquittal of those charges precluded the…”
State v. McCarthy, 425 A.2d 924 (Conn. 1979). · cites it 8× “In its charge, the court instructed the jury that General Statutes §53a-9 6 governed the situation and that “the mental state or intent of Miss Siretz is irrelevant.”
Standefer v. United States, 447 U.S. 10 (1980). “2d 251 (1938)); Conn. Gen. Stat. § 53a-9 (1979); Fla. Stat.”
State v. Jeffrey, 601 A.2d 993 (Conn. 1991). · cites it 2× “Jeffrey, was convicted of the crimes of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) 1 and kidnapping in the first degree in violation of General Statutes § 53a-9 2 (a) (2) (A).2 He was subsequently sentenced to an effective term of twelve…”
State v. Santiago, 881 A.2d 222 (Conn. 2005). · cites it 4× “Our conclusion, moreover, is consistent with the determination of the legislature, as reflected in General Statutes § 53a-9, 20 that an accused may be convicted of being an accessory under General Statutes § 53a-8; see footnote 13 of this opinion; even though the principal has…”
Beverly Hills Suites LLC v. Town of Windsor Locks, 136 F. Supp. 3d 167 (D. Conn. 2015). · cites it 10× “On November 13, 2008, an arrest warrant was issued for Jacobi, charging him with Criminal Liability to Commit Obscenity in violation of Conn. Gen. Stat. §§ 53a-9 and 53a-194 and Criminal Liability to Commit Public Indecency in violation of Conn.”
State v. Petry, 273 S.E.2d 346 (W. Va. 1980). “2d 251 (1938)); Conn.Gen. Stat. § 53a-9 (1979); Del.Laws (Rev.”
State v. Bagley, 644 A.2d 386 (Conn. App. Ct. 1994). · cites it 2× “” He posits, however, that “fp]roof that some principal committed the crime that [the] defendant allegedly aided and abetted ... is an essential element of the crime of aiding and abetting.”
Moon v. Comm'r of Corr., 227 Conn. App. 838 (Conn. App. Ct. 2024). · cites it 4× “General Statutes § 53a-9 provides in relevant part: ‘‘In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-820 it shall not be a defense that: (1) Such other person is not guilty of the…”
State v. Wright, 822 A.2d 940 (Conn. App. Ct. 2003). “Because we find the absence of any evidence to warrant the requested charge dispositive of the defendant’s claim, we leave to another day whether the provisions of § 53a-9 would prevent the court from correctly giving a justification charge when a defendant is charged as an…”
State v. Paredes, 646 A.2d 234 (Conn. App. Ct. 1994). · cites it 4× “In fact, pursuant to General Statutes § 53a-9, 11 it is not a defense to accessorial liability that the alleged principal in a crime has been acquitted.”
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Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.