Conn. Gen. Stat. 53a‑104 – Affirmative Defense to Burglary

Connecticut General Statutes 53a‑104 explained for non lawyers

1. What the law prohibits

This section doesn’t add a crime—instead, it provides a defense. It says you cannot be convicted of burglary if the building you allegedly broke into was abandoned at the time.

2. What the penalties are if someone is convicted

• Not applicable—if you prove the building was abandoned, the burglary charge must be dropped.
• If the statute doesn’t apply, you proceed under the normal burglary charges, which carry their usual penalties.

3. What the state has to prove (Elements of the offense)

Since this is a defense, the burden shifts to the defendant. You must prove:

1. The building or structure was abandoned at the time you entered or remained there.

For the actual statute, you can visit Justia which has the actual law on its website.

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