Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order, criminal violation of a standing criminal protective order or criminal violation of a restraining order. Authorized sentences.
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/ct/title-53a/chapter-952-penal-code-offenses/53a-40d·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order, criminal violation of a standing criminal protective order or criminal violation of a restraining order is a person who
(1)stands convicted of assault under section 53a-61 , stalking under section 53a-181d , threatening under section 53a-62 , harassment under section 53a-183 , criminal violation of a protective order under section 53a-223 , criminal violation of a standing criminal protective order under section 53a-223a , criminal violation of a restraining order under section 53a-223b or criminal trespass under section 53a-107 or 53a-108 , and
(2)has, prior to the commission of the present crime,
(A)been convicted of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122 , a class C felony, except a conviction under section 53a-87 , 53a-152 or 53a-153 , or a class D felony under sections 53a-60 to 53a-60c , inclusive, 53a-72a , 53a-72b , 53a-95 , 53a-103 , 53a-103a , 53a-114 , 53a-136 or 53a-216 , assault under section 53a-61 , stalking under section 53a-181d , threatening under section 53a-62 , harassment under section 53a-183 , criminal violation of a protective order under section 53a-223 , criminal violation of a standing criminal protective order under section 53a-223a , criminal violation of a restraining order under section 53a-223b , or criminal trespass under section 53a-107 or 53a-108 , or
(B)been convicted in any other state of any crime the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph
(A)of this subdivision.
(b)When any person has been found to be a persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order, criminal violation of a standing criminal protective order or criminal violation of a restraining order, the court shall, in lieu of imposing the sentence authorized for the crime under section 53a-36 or section 53a-35a , as applicable, impose the sentence of imprisonment authorized by said section 53a-36 or section 53a-35a for the next more serious degree of misdemeanor or felony, except that if the crime is a class A misdemeanor the court shall impose the sentence of imprisonment for a class D felony, as authorized by section 53a-35a .