CGS 53a-20:
Use of Force in Defense of Premises

Connecticut General Statutes Section 53a-20 governs the use of physical force to defend premises from criminal trespass. It applies to a person in possession or control of premises and to a person who is licensed or privileged to be in or upon such premises.^[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, including an owner, tenant or lessee who possesses or controls them
• A person who is licensed or privileged to be in or upon such premises, including an invited guest, employee or other authorized person with that license or privilege

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 by such other person in or upon the premises.^[1]

This means that if another person is committing or attempting a criminal trespass in or upon the premises, a qualified person may use reasonable physical force to prevent or terminate it. The force is limited to what the person reasonably believes to be necessary for that purpose.

When Deadly Force Is Permitted

The statute permits deadly physical force against a criminal trespass only in the three situations listed below.^[1]

• Defense of a person: As prescribed in CGS 53a-19, which permits deadly physical force only when the person reasonably believes the other person is using or about to use deadly physical force, or inflicting or about to inflict great bodily harm, and subject to the limits in subsections (b) and (c) of that section
• Prevention of arson or a crime of violence: When the person reasonably believes deadly force is necessary to prevent an attempt by the trespasser to commit arson or any crime of violence
• Prevention of forced entry: To the extent the person reasonably believes it 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." On any premises, reasonable physical force may be used when and to the extent the person reasonably believes it necessary to prevent or terminate a criminal trespass. However, the third exception permits deadly force only to the extent the person reasonably believes it necessary to prevent or terminate an unlawful entry by force into their dwelling or place of work, and solely for that purpose. Other property does not qualify under this exception unless it is the person's dwelling or place of work.^[1]

A "dwelling" is defined under CGS 53a-100 as a building usually occupied by a person lodging therein at night, whether or not a person is actually present.^[2]

Practical Implications

Simply trespassing on property does not justify the use of deadly force. Deadly physical force in defense of premises is limited to defense of a person as prescribed in CGS 53a-19, preventing an attempt by the trespasser to commit arson or any crime of violence, and preventing or terminating an unlawful entry by force into a dwelling or place of work. Under CGS 53a-19(b), a person is not justified in using deadly physical force if he or she knows that he or she can avoid the necessity of using such force with complete safety by retreating, except that no retreat is required in his or her dwelling or place of work if he or she was not the initial aggressor, or for a peace officer or a private person assisting such peace officer at his or her direction and acting pursuant to CGS 53a-22.^[3]