(a) A person is guilty of unlawful restraint in the first degree when he restrains another person under circumstances which expose such other person to a substantial risk of physical injury.
(b) Unlawful restraint in the first degree is a class D felony.
(1969, P.A. 828, S. 97; P.A. 92-260, S. 38.)
History: P.A. 92-260 amended Subsec. (a) to replace “the latter” with “such other person”.
Cited. 171 C. 395; 182 C. 353; Id., 366; 187 C. 216; Id., 348; 191 C. 604; 194 C. 297; 195 C. 253; 197 C. 298; Id., 309; 198 C. 430; 199 C. 193; 200 C. 9; 201 C. 659; 202 C. 676; 205 C. 352; 220 C. 112; 222 C. 331; 223 C. 180; 224 C. 397; 226 C. 601; 236 C. 112; 237 C. 284; 242 C. 689. Because an unlawful restraint involves the restriction of another person's movements with the intent to interfere substantially with that person's liberty, the crime of unlawful restraint is a specific intent crime. 287 C. 509.
Cited. 3 CA 374; 5 CA 424; Id., 586; 6 CA 334; 7 CA 701; 8 CA 620; 9 CA 631; judgment reversed, see 205 C. 352; 10 CA 217; 13 CA 554; 17 CA 234. Specific intent required. Id, 339. Cited. Id., 391; Id., 490; 22 CA 477; 28 CA 581; judgment reversed, see 226 C. 601; 31 CA 20; Id., 312; 36 CA 805; 40 CA 553; 41 CA 701; 42 CA 78; Id., 445; 43 CA 715; 46 CA 486. Immediate flight of victim demonstrates absence of restraint by defendant. 140 CA 393.
Cited. 43 CS 211.
Subsec. (a):
Cited. 174 C. 500; 176 C. 227; 179 C. 381; 185 C. 211; 186 C. 599; 190 C. 104; 197 C. 50; Id., 602; 198 C. 598; Id., 617; 205 C. 39; Id., 61; Id., 437; Id., 528; 206 C. 40; 209 C. 143; 222 C. 87; 227 C. 32; Id., 153; 241 C. 784; 242 C. 523.
Cited. 6 CA 697; 8 CA 387; Id., 491; Id., 566; 9 CA 79; Id., 208; 13 CA 667; 14 CA 710; 18 CA 134; Id., 730; 19 CA 631; 21 CA 244; Id., 467; 25 CA 725; 26 CA 574; Id., 641; 32 CA 178; 38 CA 531; Id., 777; 39 CA 45; Id., 789; Id., 832; 41 CA 255; Id., 817. Conviction of both sexual assault and unlawful restraint is not double jeopardy. 47 CA 117.
Notes of Decisions
Cited in
265
cases (
19 in the last 5 years), 1976–2025 · leading case:
State v. Salamon, 949 A.2d 1092 (Conn. 2008).
State v. Salamon, 949 A.2d 1092 (Conn. 2008).
· cites it 36× “A jury found the defendant, Scott Salamon, guilty of one count each of the crimes of kidnapping in the second degree in violation of General Statutes § 53a-94, [1] unlawful restraint in the first degree in violation of General Statutes § 53a-95, [2] and risk of injury to a child…”
State v. Kitchens, 10 A.3d 942 (Conn. 2011).
· cites it 18× “The defendant, Marvin Kitchens, appeals [1] from the judgment of conviction, *947 rendered after a jury trial, of kidnapping in the second degree in violation of General Statutes § 53a-94 (a) [2] and unlawful restraint in the first degree in violation of General Statutes §…”
State v. Youngs, 904 A.2d 1240 (Conn. App. Ct. 2006).
· cites it 27× “Youngs, appeals from the judgment of conviction, rendered after a jury trial, of unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a) and criminal violation of a protective order in violation of General Statutes § 53a-223.”
State v. Palmer, 536 A.2d 936 (Conn. 1988).
· cites it 10× “By three separate indictments and amended informations, the defendant, Edward Palmer, was charged with the following crimes: three counts of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A); 1 three counts of unlawful restraint in the first…”
State v. DeJesus, 953 A.2d 45 (Conn. 2008).
· cites it 4× “Ultimately, the defendant was charged with kidnapping in the second degree in violation of General Statutes § 53a-94, unlawful restraint in the first degree in violation of General Statutes § 53a-95, and risk of injury to a child in violation of General Statutes (Rev.”
United States v. Davis, 139 S. Ct. 2319 (2019).
“Code § 5-11-103(a) (2013) ("substantial risk of serious physical injury"); Conn. Gen. Stat. § 53a-95(a) (2017) ("substantial risk of physical injury"); Tex.”
State v. Williams, 162 A.3d 84 (Conn. App. Ct. 2017).
· cites it 6× “The defendant, Charles Williams, appeals from the judgment of conviction, rendered after a jury trial, of one count of unlawful restraint in the first degree in violation of General Statutes § 53a-95. The jury found the defendant not guilty of two counts of sexual assault in the…”
State v. James G., 844 A.2d 810 (Conn. 2004).
· cites it 4× “After K had reported the alleged abuse in 1994, the defendant was arrested and charged with unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a) 10 in connection with his abuse of K.”
State v. Pauling, 925 A.2d 1200 (Conn. App. Ct. 2007).
· cites it 6× “The defendant, Anthony Pauling, appeals from the judgment of conviction rendered after a jury trial, of unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), assault in the third degree in violation of General Statutes § 53a-61 (a) (1), failure to…”
State v. Cutler, 977 A.2d 209 (Conn. 2009).
· cites it 5× “2 The defendant claims on appeal that the trial court improperly: (1) admitted certain prior misconduct evidence after concluding that its probative value outweighed its prejudicial effect; (2) declined to instruct the jury to apply a preponderance of the evidence standard to…”
State v. TOMAS D., 995 A.2d 583 (Conn. 2010).
· cites it 6× “, appeals 3 from the judgment of the trial court, rendered after a jury trial, convicting him of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), 4 unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), 5 and…”
State v. Cotton, 825 A.2d 189 (Conn. App. Ct. 2003).
· cites it 6× “” General Statutes § 53a-95 (a) provides: “A person is guilty of unlawful restraint in the first degree when he restrains another person under circumstances which expose such other person to a substantial risk of physical injury.”
— Conn. Gen. Stat. § 53a-95(a) — 6 cases
United States v. Davis, 139 S. Ct. 2319 (2019).
“Code § 5-11-103(a) (2013) ("substantial risk of serious physical injury"); Conn. Gen. Stat. § 53a-95(a) (2017) ("substantial risk of physical injury"); Tex.”
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