State Codes and Statutes

Statutes > Connecticut > Title53a > Chap952 > Sec53a-92a

      Sec. 53a-92a. Kidnapping in the first degree with a firearm: Class A felony: One year not suspendable. (a) A person is guilty of kidnapping in the first degree with a firearm when he commits kidnapping in the first degree as provided in section 53a-92, and in the commission of said crime he uses or is armed with and threatens the use of or displays or represents by his words or conduct that he 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 for which one year of the sentence imposed may not be suspended or reduced by the court.

      (P.A. 75-380, S. 9.)

      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. Cited. 205 C. 262; Id., 673. Cited. 211 C. 672.

      Cited. 40 CA 60.

      Subsec. (a):

      Cited. 210 C. 110; Id., 315. Cited. 216 C. 282.

      Subsec. (b):

      The 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 (this 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.