A person is not justified in using physical force to resist an arrest by a reasonably identifiable peace officer, whether such arrest is legal or illegal.
(1969, P.A. 828, S. 22; 1971, P.A. 871, S. 9; P.A. 05-180, S. 3; P.A. 08-150, S. 51; P.A. 10-36, S. 17; P.A. 19-108, S. 5; P.A. 22-117, S. 11.)
History: 1971 act deleted definition of peace officer; P.A. 05-180 included a special policeman appointed under Sec. 29-18b within purview of section; P.A. 08-150 included Department of Motor Vehicles inspector appointed under Sec. 14-8 and certified pursuant to Sec. 7-294d within purview of section; P.A. 10-36 replaced “Department of Motor Vehicles inspector appointed” with “motor vehicle inspector designated” and made technical changes, effective July 1, 2010; P.A. 19-108 deleted reference to motor vehicle inspectors, and made a technical change; P.A. 22-117 deleted reference to special policeman appointed under Sec. 29-18b, effective May 27, 2022.
Cited. 170 C. 99. 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. 191 C. 433; 204 C. 240; 209 C. 75; 221 C. 788. Trial court's instructions pertaining to statute virtually eliminated state's burden of proving that the police officers were acting in the performance of their duties and had effect of depriving defendant of a defense to the charges against him, in violation of his due process rights. 261 C. 553.
Cited. 1 CA 709; 5 CA 616; 8 CA 153; Id., 667; 21 CA 326; 23 CA 615; 24 CA 195; Id., 473; judgment reversed in part, see 221 C. 788; 27 CA 49; 40 CA 601; 45 CA 390. Under section, illegality of an arrest is not a defense to charges under Sec. 53a-167c; statute was intended to require an arrestee to submit to an arrest, even though he believes, and may ultimately establish, that the arrest was without probable cause or was otherwise unlawful; it was not intended to require an arrestee to submit to egregiously unlawful conduct, such as an unprovoked assault, by the police in the course of an arrest, whether the arrest was legal or illegal. 79 CA 667.
Section restricts common-law right to resist illegal arrest; not applicable to prosecution under Sec. 53a-167a; unnecessary to decide whether this section creates exception to Sec. 53a-20 or common-law right to defend premises. 34 CS 531. Cited. 38 CS 364; Id., 400.
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.