Conn. Gen. Stat. § 53a-16b

Current with legislation from the 2023 Regular and Special Sessions.

Section 53a-16b - Affirmative defense of coparticipant to offense with firearm

In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a in which the defendant was not the only participant, it shall be an affirmative defense that the defendant:

(1) Was not armed with a pistol, revolver, machine gun, shotgun, rifle or other firearm, and

(2) had no reasonable ground to believe that any other participant was armed with such a weapon.

Conn. Gen. Stat. § 53a-16b

(P.A. 75-380, S. 13; P.A. 92-260, S. 2.)

Defendant is entitled to a theory of defense instruction as a matter of law where evidence under section is before jury. 178 Conn. 704. Cited. 209 Conn. 75. Cited. 23 Conn.App. 615; 24 Conn.App. 195; 45 Conn.App. 390.