CGS 53a-21:
Use of Force in Defense of Property

Connecticut General Statutes Section 53a-21 addresses the use of physical force to protect property from larceny (theft) and criminal mischief (damage or destruction). Unlike the defense of person and defense of premises statutes, this section prohibits the use of deadly force solely to protect property.^[1]

When Force Is Permitted

A person is justified in using reasonable physical force upon another person in two specific circumstances:^[1]

• Preventing larceny or criminal mischief: When and to the extent the person reasonably believes force is necessary to prevent an attempt to commit larceny (theft) or criminal mischief (vandalism, destruction, or tampering) involving property
• Recovering recently stolen property: When and to the extent the person reasonably believes force is necessary to regain property they reasonably believe was acquired by larceny within a reasonable time prior to the use of force

The statute permits reasonable physical force only when and to the extent the person reasonably believes it necessary to prevent larceny or criminal mischief, or to regain property they reasonably believe was acquired by larceny within a reasonable time before the use of force.

Deadly Force Is Prohibited for Property Defense

The statute contains an absolute limitation: deadly physical force may be used only in defense of a person as prescribed in CGS 53a-19.^[1] This means that no matter how valuable the property at stake, a person may not use deadly force solely to prevent its theft or destruction.

If, however, a situation that begins as a property crime escalates into a threat against a person, then the analysis shifts to CGS 53a-19 (defense of person), and the full self-defense framework, including the potential use of deadly force, becomes applicable.^[2]

Recovering Stolen Property

The second prong of the statute allows reasonable force when and to the extent the person reasonably believes it necessary to regain property they reasonably believe was acquired by larceny within a "reasonable time" before the use of force.^[1]

Comparison With Defense of Premises

CGS 53a-21 (defense of property) permits deadly physical force in fewer circumstances than CGS 53a-20 (defense of premises). Defense of premises also permits deadly physical force when a person reasonably believes it necessary to prevent an attempt by the trespasser to commit arson or any crime of violence, or to prevent or terminate an unlawful entry by force into a dwelling or place of work. Defense of property permits deadly physical force only in defense of person as prescribed in CGS 53a-19.^[3]

Practical Implications

CGS 53a-21 permits reasonable, non-deadly force when and to the extent a person reasonably believes it necessary to prevent larceny or criminal mischief, or to regain property they reasonably believe was acquired by larceny within a reasonable time before the use of force. Under this section, deadly force is permitted only in defense of a person as prescribed in CGS 53a-19. If a property crime escalates into a personal threat, the self-defense provisions of CGS 53a-19 govern the response. Anyone involved in a property defense situation that results in injury should consult an attorney, as the line between reasonable and excessive force depends heavily on the specific facts.