Connecticut General Statutes Section 53a-20 governs the use of physical force to defend premises from criminal trespass. This statute provides property owners, tenants, and other authorized occupants with a legal framework for protecting their homes, businesses, and other property from unlawful intrusion.[1]
Who May Use Force Under This Section
The statute applies to two categories of persons:[1]
- A person in possession or control of premises (owners, tenants, and lessees)
- A person who is licensed or privileged to be in or upon such premises (invited guests, employees, and other authorized persons)
Reasonable Force Against Trespassers
A qualified person is justified in using reasonable physical force upon another person when and to the extent that they reasonably believe it necessary to prevent or terminate the commission or attempted commission of a criminal trespass on the premises.[1]
This means that if someone is unlawfully entering or remaining on your property, you may use a proportional amount of physical force to remove them or prevent the trespass. The force must be reasonable -- meaning it should be no more than what a reasonable person would consider necessary under the circumstances.
When Deadly Force Is Permitted
The statute strictly limits the use of deadly force in defense of premises to three specific situations:[1]
- Defense of a person: As prescribed in CGS 53a-19, meaning the same standards that apply to personal self-defense (reasonable belief that the attacker is using or about to use deadly force or inflict great bodily harm)
- Prevention of arson or a crime of violence: When the occupant reasonably believes deadly force is necessary to prevent the trespasser from committing arson or any crime of violence on the premises
- Prevention of forced entry: When reasonably necessary to prevent or terminate an unlawful entry by force into the person's dwelling (as defined in CGS 53a-100) or place of work, and solely for the purpose of such prevention or termination
Distinction Between Premises and Dwelling
The statute distinguishes between "premises" in general and a "dwelling" or "place of work." Reasonable, non-deadly force may be used to defend any premises from criminal trespass. However, the third exception allowing deadly force to prevent forced entry applies only to a dwelling or place of work -- not to other types of property such as a detached garage, vacant lot, or storage facility.[1]
A "dwelling" is defined under CGS 53a-100 as a building usually occupied by a person lodging therein at night, whether or not anyone is present at the time.[2]
Practical Implications
For homeowners and tenants, this statute provides important protections but also imposes clear limits. Simply trespassing on property does not justify the use of deadly force. Deadly force in defense of premises is reserved for serious threats -- situations where the trespasser poses a risk to life, is attempting arson, or is forcing entry into a dwelling or workplace. Property owners should also be aware that this statute works in conjunction with CGS 53a-19, which governs personal self-defense and includes the duty to retreat outside the dwelling.[3]