Sec. 53a-223. (Formerly Sec. 53a-110b). Criminal violation of a protective order: Class D felony. - Connecticut Statutes

      Sec. 53a-223. (Formerly Sec. 53a-110b). Criminal violation of a protective order: Class D felony. (a) A person is guilty of criminal violation of a protective order when an order issued pursuant to subsection (e) of section 46b-38c, or section 54-1k or 54-82r has been issued against such person, and such person violates such order.

      (b) Criminal violation of a protective order is a class D felony.

      (P.A. 91-381, S. 1; P.A. 95-214, S. 5; P.A. 99-240, S. 4; P.A. 02-127, S. 3.)

      History: P.A. 95-214 amended Subsec. (a) to include a protective order issued pursuant to Sec. 54-1k; P.A. 99-240 amended Subsec. (a) to include a protective order issued pursuant to Sec. 54-82r; Sec. 53a-110b transferred to Sec. 53a-223 in 2001; P.A. 02-127 amended Subsec. (b) to change the classification of the offense from a class A misdemeanor to a class D felony.

      Annotations to former section 53a-110b:

      Section, as amended by P.A. 99-240, does not provide that validity of underlying protective order is a necessary element of that offense. 273 C. 418.

      Cited. 46 CA 661. Criminal violation of a protective order pursuant to section and harassment in the second degree pursuant to Sec. 53a-183(a)(3) constitute separate offenses for double jeopardy purposes. 61 CA 118.

      Annotation to present section:

      With respect to protective order issued under Sec. 46b-38c(e) that prohibited defendant from coming within one hundred yards of protected person, jury could reasonably infer from circumstantial evidence that defendant had intent to violate protective order and direct evidence of intent was not required. 280 C. 69.

      Subsec. (a):

      Conviction under this section and Sec. 53a-107(a)(2) did not violate constitutional protection against double jeopardy because legislature intended multiple punishments for offense of trespassing in violation of a protective order. 97 CA 72.