(a) A person is guilty of burglary in the second degree when such person enters or remains unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein.

(b) Burglary in the second degree is a class C felony.

(1969, P.A. 828, S. 104; P.A. 01-83, S. 2; Jan. Sp. Sess. P.A. 08-1, S. 3.)

History: P.A. 01-83 amended Subsec. (a) to make a technical change for purposes of gender neutrality, designate existing provisions re entering or remaining unlawfully in a dwelling at night with intent to commit a crime therein as Subdiv. (1) and add Subdiv. (2) re entering or remaining unlawfully in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with intent to commit a crime therein; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (a) to delete former Subdiv. (1) re entering or remaining unlawfully in a dwelling at night with intent to commit a crime therein, which conduct was reclassified as burglary in the first degree under Sec. 53a-101 by same act, and make a conforming change, effective March 1, 2008.

Cited. 161 C. 283; 169 C. 263; Id., 556; 175 C. 315; 184 C. 258. Instruction characterizing burglary as a crime against the person likely to involve danger to life was not in error. 188 C. 542. Cited. Id., 715; 190 C. 496; 195 C. 611; 197 C. 574; 198 C. 671; 204 C. 1; 205 C. 456; 215 C. 257; 216 C. 273; 220 C. 417; 229 C. 285; 232 C. 455; 242 C. 523; Id., 689.

Cited. 5 CA 113; 6 CA 24; 9 CA 133; Id., 349; Id., 656; 11 CA 575; 13 CA 413; 14 CA 526; 15 CA 34; 16 CA 333; 19 CA 396; 20 CA 369; Id., 586; 23 CA 201; 29 CA 801; judgment reversed, see 229 C. 285; 31 CA 94; Id., 370; 34 CA 599; 35 CA 714; 38 CA 20; Id., 231; Id., 531; 40 CA 553; 41 CA 169; Id., 255. The crime proscribed by section is complete once there has been an unlawful entering or remaining in a dwelling, at night, with intent to commit a crime in that dwelling. 76 CA 779.

Subsec. (a):

Cited. 181 C. 172; 182 C. 207; 189 C. 631; 190 C. 440; 199 C. 88; 200 C. 523; 202 C. 676; 204 C. 377; 214 C. 493; 216 C. 699; 220 C. 400; 223 C. 635; 241 C. 784.

Cited. 1 CA 260; 6 CA 697; 14 CA 710; 21 CA 260; 23 CA 564; judgment reversed in part, see 220 C. 400; 24 CA 502; 30 CA 606; 35 CA 262; 36 CA 774; 38 CA 643; 42 CA 78. Defendant's right to fair trial and unanimous verdict not violated when court made it clear that the jury had to find each element of crime proven beyond a reasonable doubt and there was ample evidence to support conviction under both alternate theories of liability. 59 CA 305. Jury could have found defendant guilty beyond a reasonable doubt of remaining unlawfully in victim's bedroom because whatever possible license defendant thought he had to enter bedroom, that license was withdrawn when he refused to identify himself, charged at victim, lay on top of her and attempted to kiss and touch her all over her body. 93 CA 205.