3.3 Offenses Against Property: Larceny, Burglary, Robbery & Trespass

3.3 Offenses Against Property: Larceny, Burglary, Robbery & Trespass

Overview: Property crimes under Title 53a protect possessory and legal rights to real property, personal property, and personal security. Officers must understand the statutory thresholds that distinguish trespass from burglary, and simple larceny from armed robbery.

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1. Larceny Statutes (CGS § 53a-119)

Under CGS § 53a-119, a person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholding such property from an owner.

Common Statutory Forms of Larceny

• Embezzlement: Wrongful appropriation of property lawfully in one's care.
• Obtaining Property by False Pretenses: Tricking an owner into transferring title through intentional misrepresentation.
• Shoplifting: Intentionally taking unpurchased merchandise from a retail establishment.
• Theft of Lost Property: Appropriating lost property without making reasonable efforts to locate the owner.

Statutory Larceny Grading Matrix (CGS §§ 53a-122 to 53a-125b)

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2. Burglary Offenses (CGS §§ 53a-101 to 53a-103)

The core gravamen of burglary is the unlawful violation of a structure combined with a contemporaneous criminal intent.

Key Statutory Definitions (CGS § 53a-100)

• Building: In addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping car, or railroad car, or enclosed structure.
• Dwelling: A building which is usually occupied by a person lodging therein at night.

Degrees of Burglary

                      CONNECTICUT BURGLARY DEGREES
┌──────────────────────────────────────────────────────────────────────────┐
│ BURGLARY 3RD DEGREE (CGS § 53a-103)                                      │
│ Enters or remains unlawfully in a building with intent to commit a crime.│
│ Class D Felony.                                                          │
└────────────────────────────────────┬─────────────────────────────────────┘
                                     │
             [AGGRAVATING CIRCUMSTANCE: DWELLING OR NIGHTTIME]
                                     ▼
┌──────────────────────────────────────────────────────────────────────────┐
│ BURGLARY 2ND DEGREE (CGS § 53a-102)                                      │
│ Enters unlawfully in a DWELLING at night OR while occupant present.      │
│ Class C Felony.                                                          │
└────────────────────────────────────┬─────────────────────────────────────┘
                                     │
        [AGGRAVATING CIRCUMSTANCE: WEAPONS, EXPLOSIVES, OR BODILY HARM]
                                     ▼
┌──────────────────────────────────────────────────────────────────────────┐
│ BURGLARY 1ST DEGREE (CGS § 53a-101)                                      │
│ Armed with deadly weapon/explosives OR inflicts bodily harm OR enters    │
│ dwelling armed. Class B Felony (Mandatory Minimum apply).                │
└──────────────────────────────────────────────────────────────────────────┘

1. Burglary 3rd Degree (CGS § 53a-103): Enters or remains unlawfully in a building with intent to commit a crime therein. (Class D Felony).
2. Burglary 2nd Degree (CGS § 53a-102): Enters or remains unlawfully in a dwelling at night, or enters a dwelling while another person is present, with intent to commit a crime therein. (Class C Felony).
3. Burglary 1st Degree (CGS § 53a-101): Enters or remains unlawfully in a building with intent to commit a crime therein, and:
   • Is armed with explosives, a deadly weapon, or a dangerous instrument; or
   • Intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily harm on anyone; or
   • Enters a dwelling at night while armed with a dangerous instrument or deadly weapon. (Class B Felony).

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3. Robbery Offenses (CGS §§ 53a-133 to 53a-136)

Under CGS § 53a-133, a person commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:

1. Overcoming or preventing resistance to the taking of property; or
2. Compelling the owner to deliver up property or engage in conduct facilitating taking.

Degrees of Robbery

• Robbery 3rd Degree (CGS § 53a-136): Simple robbery using or threatening immediate force without aggravating factors. (Class D Felony).
• Robbery 2nd Degree (CGS § 53a-135): Robbery where the actor:
  • Is aided by another person actually present; or
  • In the course of commission or flight, displays or threatens the use of what represents a firearm. (Class C Felony).
• Robbery 1st Degree (CGS § 53a-134): Robbery where the actor or participant:
  • Causes serious physical injury to a non-participant; or
  • Is armed with a deadly weapon; or
  • Uses or threatens the use of a dangerous instrument; or
  • Displays or threatens the use of what represents a firearm during a financial institution robbery. (Class B Felony - 5-year mandatory minimum).

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4. Criminal Trespass & Arson Offenses

Criminal Trespass (CGS §§ 53a-107 to 53a-109)

Unlike Burglary, Criminal Trespass does not require an intent to commit an underlying crime.

• Criminal Trespass 1st Degree (CGS § 53a-107): Enters/remains in a building or posted land after a personally communicated order to leave by the owner, or enters posted school grounds or railroad property. (Class A Misdemeanor).
• Criminal Trespass 2nd Degree (CGS § 53a-108): Enters or remains in any premises where notice against trespass is given by posting or fencing. (Class B Misdemeanor).
• Criminal Trespass 3rd Degree (CGS § 53a-109): Enters or remains on premises for hunting, trapping, or fishing, or unimproved land where notice posted. (Class C Misdemeanor / Infraction).

Arson Offenses (CGS §§ 53a-111 to 53a-113)

• Arson 1st Degree (CGS § 53a-111): Intentionally starts a fire or causes an explosion in a building where a person is present, or for insurance fraud exposing another to substantial risk. (Class A Felony).
• Arson 2nd Degree (CGS § 53a-112): Intentionally starts a fire damaging a building of another, or to collect insurance, where no person is inside but substantial risk created. (Class B Felony).
• Arson 3rd Degree (CGS § 53a-113): Recklessly causes a building fire or explosion. (Class C Felony).

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5. POST Exam Traps & Practical Law Enforcement Takeaways

1. Robbery vs. Larceny: Force converts larceny into robbery. Pocket-picking without force is Larceny 2nd Degree (CGS § 53a-123); pushing a victim down to grab their purse is Robbery 3rd Degree (CGS § 53a-136).
2. Burglary Intent Requirement: Burglary requires entry with intent to commit a crime therein. Unlawfully entering a structure merely to sleep or seek shelter without intent to commit a crime is Criminal Trespass, not Burglary.
3. Representation of Firearm: Claiming to have a gun under a jacket during a robbery satisfies Robbery 2nd Degree (CGS § 53a-135) or Robbery 1st Degree (CGS § 53a-134) depending on location and display.