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CONNECTICUT

Connecticut General Statutes
53a-186. Public indecency: Class B misdemeanor.

(a) A person is guilty of public indecency when he performs any of the following acts in a public place:

    (1) An act of sexual intercourse as defined in subdivision (2) of section 53a-65; or

    (2) a lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person; or

    (3) a lewd fondling or caress of the body of another person.

    For the purposes of this section, "public place" means any place where the conduct may reasonably be expected to be viewed by others.

(b) Public indecency is a class B misdemeanor.


(1969, P.A. 828, S. 188; 1971, P.A. 871, S. 46; P.A. 76-336, S. 22; P.A. 92-260, S. 72.)

History: 1971 act substituted "A person" for "Any person" for consistency with other statutes; P.A. 76-336 specified sexual intercourse as defined in Sec. 53a-65 and deleted reference to acts of deviate sexual conduct in Subsec. (a) for conformity with changes enacted re sex offenses; P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language.

Annotations to former section 53-220:
Cited. 37 CA 534, 535, 543, 544.
Cited. 7 CS 265; 23 CS 177.
Word "wantonly" implies turpitude, and that the act done was of wilful and wicked purpose. 2 Conn. Cir. Ct. 443. Criminal intent is essential ingredient of offense. 2 Conn. Cir. Ct. 452. Offense is not against observer merely, but against the state. Id. Cited. 2 Conn. Cir. Ct. 596; 3 Conn. Cir. Ct. 480. Review of cases concerned with crime of indecent exposure. 3 Conn. Cir. Ct. 657. Lewd and offensive conduct not fairly within ambit of statute in absence of proof of actual exposure. 4 Conn. Cir. Ct. 530, 532, 533. Offense does not depend upon number present at exposure. 5 Conn. Cir. Ct. 202.
Annotations to present section:
Cited. 18 CA 482, 483. Cited. 29 CA 591, 597−-599. Cited. 37 CA 534, 535, 543, 544.
Cited. 38 CS 661, 662.
Subsec. (a):
Cited. 37 CA 534, 535. Subdiv. (2) cited. Id., 534, 537, 542, 544.
Cited. 38 CS 313, 315. Subdiv. (2) cited. Id.
 

    [NAC NOTE: Even though mere nudity is NOT "lewd exposure of the body," and activities like skinny-dipping and nude sunbathing should NOT be taken to imply "intent to arouse or to satisfy the sexual desire of the person," this is nevertheless the section of the Connecticut General Statutes most frequently used to charge individuals for simple nudity. Public indecency is a class B misdemeanor punishable by up to six months in prison, a fine of up to $1,000, or both.]

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53a-181. Breach of the peace: Class B misdemeanor.

(a) A person is guilty of breach of the peace when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

    (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or

    (2) assaults or strikes another; or

    (3) threatens to commit any crime against another person or his property; or

    (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or

    (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or

    (6) creates a public and hazardous or physically offensive condition by any act which he is not licensed or privileged to do.

(b) Breach of the peace is a class B misdemeanor.

    [NAC NOTE: The "Breach of the Peace" law has been used in at least one recent instance to charge an individual for nude sunbathing under the presumption that his nudity constituted an "obscene gesture." The annotations to the law indicate that to be a "breach of the peace," an "[o]bscene gesture must be erotic in a significant way and must appeal to prurient interest in sex or portray sex in patently offensive way." Breach of the Peace is a class B misdemeanor punishable by up to six months in prison, a fine of up to $1,000, or both.]

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54-250. Definitions.

    For the purposes of sections 54-102g and 54-250 to 54-259, inclusive:

    (1) "Conviction" means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment.

    (2) "Criminal offense against a victim who is a minor" means

      (A) a violation of subdivision (2) of section 53-21, subdivision (2) of subsection (a) of section 53a-70, subdivision (1), (4) or (8) of subsection (a) of section 53a-71, subdivision (2) of subsection (a) of section 53a-72a, subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of section 53a-87, section 53a-196a, 53a-196b, 53a-196c or 53a-196d,

      (B) a violation of section 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96 or 53a-186, provided the court makes a finding that, at the time of the offense, the victim was under eighteen years of age,

      (C) a violation of any of the offenses specified in subparagraph (A) or (B) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (D) a violation of any predecessor statute to any offense specified in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are substantially the same as said offense.

...

54-251. Registration of person who has committed a criminal offense against a victim who is a minor or a nonviolent sexual offense.

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record and residence address with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If such person changes such person's address such person shall, within five days, register the new address in writing with the Commissioner of Public Safety, and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section regularly travels into or within another state or temporarily resides in another state for purposes including, but not limited to employment or schooling, such person shall notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

(b) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 from the registration requirements of this section if the court finds that such person was under nineteen years of age at the time of the offense and that registration is not required for public safety.

(c) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a from the registration requirements of this section if the court finds that registration is not required for public safety.

(d) Any person who violates the provisions of this section shall be guilty of a class D felony.

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53-23a. Hazing.

(a) For purposes of this section:

    (1) "Hazing" means any action which recklessly or intentionally endangers the health or safety of a person for the purpose of initiation, admission into or affiliation with, or as a condition for continued membership in a student organization. The term shall include, but not be limited to:

      (A) Requiring indecent exposure of the body;

      (B) Requiring any activity that would subject the person to extreme mental stress, such as sleep deprivation or extended isolation from social contact;

      (C) Confinement of the person to unreasonably small, unventilated, unsanitary or unlighted areas;

      (D) Any assault upon the person; or

      (E) Requiring the ingestion of any substance or any other physical activity which could adversely affect the health or safety of the individual. The term shall not include an action sponsored by an institution of higher education which requires any athletic practice, conditioning, or competition or curricular activity.

    (2) "Student organization" means a fraternity, sorority or any other organization organized or operating at an institution of higher education.

(b) No student organization or member of a student organization shall engage in hazing any member or person pledged to be a member of the organization. The implied or express consent of the victim shall not be a defense in any action brought under this section.

(c) A student organization which violates subsection (b) of this section (1) shall be subject to a fine of not more than one thousand five hundred dollars and (2) shall forfeit for a period of not less than one year all of the rights and privileges of being an organization organized or operating at an institution of higher education.

(d) A member of a student organization who violates subsection (b) of this section shall be subject to a fine of not more than one thousand dollars.

(e) This section shall not in any manner limit or exclude prosecution or punishment for any crime or any civil remedy.
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