Connecticut General Statutes
Conn. Gen. Stat. § 53a-92a (2026)
Kidnapping in the first degree with a firearm: Class A felony
✓ current as of May 2026
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(a) A person is guilty of kidnapping in the first degree with a firearm when such person commits kidnapping in the first degree as provided in section 53a-92, and in the commission of said crime such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be convicted of kidnapping in the first degree and kidnapping in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Kidnapping in the first degree with a firearm is a class A felony.
(P.A. 75-380, S. 9; P.A. 13-28, S. 2.)
History: P.A. 13-28 made technical changes and amended Subsec. (b) to delete requirement that 1 year of sentence may not be suspended or reduced by the court
Cited. 198 C. 671. Effect of enactment of statute was to link a more serious crime with a less serious penalty; equal protection rights violated. 200 C. 268. Cited. 204 C. 240; 205 C. 262; Id., 673; 210 C. 110; Id., 315; 211 C. 672; 216 C. 282.
Cited. 40 CA 60.
Subsec. (b):
Statute “has created an irreconcilable conflict in the statutes governing mandatory minimum sentences for kidnapping in the first degree ... until the legislature takes corrective action the sentencing provisions of (statute) govern all prosecutions for kidnapping in the first degree”; statutory construction discussed. 198 C. 671. Equal protection rights discussed. 200 C. 268. Cited. 207 C. 412.
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Notes of Decisions
Cited in 50
cases (4 in the last 5 years), 1986–2025 · leading case: State v. Darryl W., 33 A.3d 239 (Conn. 2012).
State v. Darryl W., 33 A.3d 239 (Conn. 2012). “99 (b) (3), from the judgment of conviction, rendered after a jury trial, of criminal attempt to commit aggravated sexual assault in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-70a (a) (1), 2 sexual assault in the third degree in violation of…”
State v. Jenkins, 504 A.2d 1053 (Conn. 1986). “Unfortunately, the unassailable logic of this statutory pattern must be reconciled with the enactment, in 1975, of General Statutes § 53a-92a. 8 That statute *676 contains three provisions.”
State v. O'Neill, 511 A.2d 321 (Conn. 1986). “Asking the trial court to read these statutes together with General Statutes § 53a-92a, governing kidnapping in the first degree with a firearm, he maintained that, because § 53a-92a permits suspension of the sentence after one year, an ambiguity existed between the statutes.”
State v. Rodriguez, 554 A.2d 1080 (Conn. 1989). “After a trial to the jury on a substitute information, 1 the defendant, Angel Rodriguez, was convicted of the crimes of kidnapping in the first degree with a firearm in violation of General Statutes § 53a-92a (a) 2 and of sexual assault in the *317 first degree with a deadly…”
State v. Wright, 716 A.2d 870 (Conn. 1998). “On appeal, the defendant claimed that this mandatory minimum sentence should not apply to him because, pursuant to General Statutes § 53a-92a, 13 a person guilty of the more serious crime of kidnapping in the first degree with a firearm would face only a one year minimum…”
State v. Cane, 193 Conn. App. 95 (Conn. App. Ct. 2019). “CR-XX-XXXXXXX-T, the defendant was charged with two counts of kidnapping in the first degree with a firearm in violation of General Statutes § 53a-92a (a), two counts of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), two counts of…”
State v. Kirsch, 820 A.2d 236 (Conn. 2003). “s § 53a-59a (b) (“[n]o person shall be found guilty of assault in the first degree and assault of an elderly, *419 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…”
State v. Foreman, 954 A.2d 135 (Conn. 2008). “The defendant, Clifton Foreman, appeals 1 from the judgment of conviction, rendered after a jury trial, of four counts of sexual assault in the first degree as a principal and accessory in violation of General Statutes §§ 53a-70 (a) (1) and 53a-8 (a), and one count each of…”
In Re Earl B., 994 A.2d 713 (Conn. App. Ct. 2010). “charged with kidnapping in the first degree with a firearm in violation of General Statutes § 53a-92a, robbery in the first degree in violation of General Statutes § 53a-134, conspiracy to commit kidnapping in the first degree with a firearm in violation of General Statutes §§…”
State v. Henry, 820 A.2d 1076 (Conn. App. Ct. 2003). “*518 In June, 2001, the jury convicted the defendant, Marvel Henry, 1 of kidnapping in the first degree with a firearm in violation of General Statutes § 53a-92a (a), attempt to commit sexual assault in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and…”
State v. Paolella, 554 A.2d 702 (Conn. 1989). “Counts one and two charged the defendant with kidnapping in the first degree with a firearm, in violation of General Statutes § 53a-92a (a), and kidnapping in the first degree, in violation of General Statutes § 53a-92 (a) (2) (A).”
State v. Moran, 825 A.2d 111 (Conn. 2003). “On appeal, the defendant claimed that the mandatory sentence should not apply to him because someone convicted of kidnapping in the first degree with a firearm, a more serious crime, faced a mandatory minimum sentence of only one year under General Statutes § 53a-92a. 17 Id.,…”
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