(a) A person is guilty of kidnapping in the first degree with a firearm when such person commits kidnapping in the first degree as provided in section 53a-92, and in the commission of said crime such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a pistol, revolver, machine gun, shotgun, rifle or other firearm. No person shall be convicted of kidnapping in the first degree and kidnapping in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Kidnapping in the first degree with a firearm is a class A felony.
(P.A. 75-380, S. 9; P.A. 13-28, S. 2.)
History: P.A. 13-28 made technical changes and amended Subsec. (b) to delete requirement that 1 year of sentence may not be suspended or reduced by the court
Cited. 198 C. 671. Effect of enactment of statute was to link a more serious crime with a less serious penalty; equal protection rights violated. 200 C. 268. Cited. 204 C. 240; 205 C. 262; Id., 673; 210 C. 110; Id., 315; 211 C. 672; 216 C. 282.
Cited. 40 CA 60.
Subsec. (b):
Statute “has created an irreconcilable conflict in the statutes governing mandatory minimum sentences for kidnapping in the first degree ... until the legislature takes corrective action the sentencing provisions of (statute) govern all prosecutions for kidnapping in the first degree”; statutory construction discussed. 198 C. 671. Equal protection rights discussed. 200 C. 268. Cited. 207 C. 412.
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