Sec. 53a-16b. Affirmative defense of coparticipant to offense with firearm. - Connecticut Statutes

      Sec. 53a-16b. Affirmative defense of coparticipant to offense with firearm. In any prosecution for an offense under section 53a-55a, 53a-56a, 53a-60a, 53a-92a, 53a-94a, 53a-102a or 53a-103a in which the defendant was not the only participant, it shall be an affirmative defense that the defendant: (1) Was not armed with a pistol, revolver, machine gun, shotgun, rifle or other firearm, and (2) had no reasonable ground to believe that any other participant was armed with such a weapon.

      (P.A. 75-380, S. 13; P.A. 92-260, S. 2.)

      History: P.A. 92-260 made technical changes.

      A defendant is entitled to a theory of defense instruction as a matter of law where evidence under this section is before jury. 178 C. 704. Cited. 209 C. 75.

      Cited. 23 CA 615. Cited. 24 CA 195. Cited. 45 CA 390.