In any prosecution for an offense, justification, as defined in sections 53a-17 to 53a-23, inclusive, shall be a defense. Justification as a defense does not include provocation that resulted solely from the discovery of, knowledge about or potential disclosure of the victim's actual or perceived sex, sexual orientation or gender identity or expression, including under circumstances in which the victim made an unwanted, nonforcible, romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic relationship. As used in this section, “gender identity or expression” means gender identity or expression, as defined in section 53a-181i.
(1969, P.A. 828, S. 16; P.A. 19-27, S. 2.)
History: P.A. 19-27 added provisions re discovery, knowledge or potential disclosure of victim's actual or perceived sex, sexual orientation or gender identity or expression.
Defendant is entitled to a theory of defense instruction as a matter of law when evidence under section is before jury. 178 C. 704. Cited. 188 C. 237; 204 C. 240; 209 C. 75.
Cited. 3 CA 289; 8 CA 667; 10 CA 643; Id., 697; 11 CA 665; 17 CA 200; Id., 326; Id., 602; 18 CA 303; 24 CA 195; 31 CA 58; Id., 140; 45 CA 390. State did not fail to disprove defense of justification. 75 CA 80.
Cited. 38 CS 619.
Structure Connecticut General Statutes
Chapter 951 - Penal Code: Statutory Construction; Principles of Criminal Liability
Section 53a-4. - Saving clause.
Section 53a-5. - Criminal liability; mental state required.
Section 53a-6. - Effect of ignorance or mistake.
Section 53a-7. - Effect of intoxication.
Section 53a-8. - Criminal liability for acts of another.
Section 53a-12. - Defenses; burden of proof.
Section 53a-13. - Lack of capacity due to mental disease or defect as affirmative defense.
Section 53a-14. - Duress as defense.
Section 53a-15. - Entrapment as defense.
Section 53a-16. - Justification as defense.
Section 53a-16a. - Affirmative defense in certain situations involving firearms; exceptions.
Section 53a-16b. - Affirmative defense of coparticipant to offense with firearm.
Section 53a-17. - Conduct required or authorized by law or judicial decree.
Section 53a-18. - Use of reasonable physical force or deadly physical force generally.
Section 53a-19. - Use of physical force in defense of person.
Section 53a-20. - Use of physical force in defense of premises.
Section 53a-21. - Use of physical force in defense of property.
Section 53a-22. - Use of physical force in making arrest or preventing escape.
Section 53a-23. - Use of physical force to resist arrest not justified.