A person is guilty of murder with special circumstances who is convicted of any of the following and was eighteen years of age or older at the time of the offense:
Conn. Gen. Stat. § 53a-54b
(P.A. 73-137, S. 3; P.A. 77-604, S. 39, 84; 77-614, S. 486, 610; P.A. 80-335; P.A. 85-144; P.A. 92-260, S. 27; P.A. 95-16, S. 4; P.A. 98-126, S. 1; P.A. 00-99, S. 120, 154; P.A. 01-84, S. 10, 26; 01-151, S. 3, 5; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 12-5, S. 1; P.A. 15-84, S. 7.)
Cited. 194 C. 416; 198 Conn. 92; 199 Conn. 163; 201 Conn. 276; 211 Conn. 289; 215 Conn. 570; 216 C. 699; 218 C. 486; 230 Conn. 183; 234 Conn. 324; Id., 735; 235 Conn. 206; 237 Conn. 332; 238 Conn. 389; Id., 828; 240 Conn. 727; 241 C. 702; 242 Conn. 409. Murder in the course of kidnapping does not require ransom; murder in the course of sexual assault includes murder to prevent victim from becoming a witness; denial of a bill of particulars on aggravating factors did not deny fair hearing; meaning of "heinous" and "depraved" discussed; "heinous, cruel or depraved" as a unitary rather than three separate factors discussed; statute complies with the eighth and fourteenth amendments; statutory construction and precedent support conclusion that the burden of persuasion applies to both elements of mitigation; proportionality review still available in this case despite repeal of requirement. 251 C. 285. Trial court properly instructed jury that it could convict defendant of capital felony based upon a theory of conspiratorial liability even though defendant did not pull trigger of gun that killed victims and was not present when the shootings occurred. 271 Conn. 338. Cited. 32 CA 38; 36 Conn.App. 364; 41 Conn.App. 604; 42 Conn.App. 348; 43 CA 549; 45 CA 207; Id., 390. Cited 42 Conn.Supp. 426. Subdiv. (1): Conviction for felony murder under Sec. 53a-54c cannot serve as the predicate murder for the crime of capital felony under this section; term "murder" in capital felony statute may be applied only to intentional murder. 241 Conn. 702. In order to satisfy the element that police officer had been "acting within the scope of his duties", the state was only required to prove that police officer was acting in the good faith discharge of his official duties when he stopped defendant and attempted to subdue him. 264 Conn. 1. Subdiv. (2): Capital felony murder discussed. 199 Conn. 163. Cited. 203 Conn. 420. Evidence that codefendant said "I've got a job for you" and that defendant made preparations for the murder and received a snowmobile after the victim was killed was sufficient to support finding of probable cause that defendant committed murder for pecuniary gain; defendant, having been hired to kill the victim, could be held accessorily liable for capital felony under Subdiv. even if jury found that codefendant, who was not a party to any hiring relationship, was the principal actor who killed the victim; hiring element contemplates a bargained for exchange involving pecuniary gain as consideration for the commission of the murder, and the mere receipt of money or property before or after the murder is not sufficient to hold defendant liable under Subdiv. 305 Conn. 101, but see 318 Conn. 1. Cited. 19 Conn.App. 111; judgment reversed, see 215 Conn. 538. Subdiv. (5): Cited. 197 Conn. 436; 213 C. 388. Provision does not require that kidnapping be accompanied by a demand for ransom. 249 Conn. 645. Trial court properly instructed jury that its verdict of guilty on charge of intentional murder would provide the predicate for criminal liability under Subdiv. 263 C. 478. Subdiv. (6): Cited. 233 Conn. 174. State need only prove that the murder in a kidnap-murder or sexual-assault murder was aggravated in order to establish the aggravating factor. 269 Conn. 213. Subdiv. (7): Cited. 205 C. 298; 237 Conn. 694. Double jeopardy clause not violated where defendant convicted for two counts of capital felony; evidence indicated that the murders occurred in two sets, at distinctly separate times. 260 C. 339. Subdiv. (8): Cited. 206 Conn. 213; 207 Conn. 374; 208 Conn. 125; 209 Conn. 225; 212 Conn. 258; 213 Conn. 708; 218 Conn. 349; 221 Conn. 430; 229 Conn. 125; 233 Conn. 813. Only an intentional murder can be a predicate murder to capital felony charge under section. 238 Conn. 828. Cited. 241 Conn. 322; Id., 702; 242 Conn. 93. Proper construction to be given to term "in the course of a single transaction" is that there need only be some nexus between murders, that the murders be connected by a common purpose or plan in order to be "in the course of a single transaction"; does not require murders to be at the same time in order to constitute "in the course of a single transaction"; temporal relationship between murders is not an absolute prerequisite to prosecution under Subdiv. 254 C. 578. Read together, Sec. 53a-54(a) and this Subdiv. provide that conviction of intentional murder under doctrine of transferred intent may be the predicate for conviction of capital felony under this Subdiv. when victim is under 16, regardless of defendant's subjective state of mind; knowledge of the victim's age is not an element of Subdiv.; to limit applicability of Subdiv. to cases in which state can prove that defendant knew or reasonably should have known the age of his victim would be both impracticable and inconsistent with the legislative intent. 265 Conn. 35. Legislature had rational basis for classifying intentional murder of a person under the age of 16 as a capital felony. 272 Conn. 106. Cited. 38 CA 581.
See Sec. 53a-54a re murder. See Sec. 53a-54c re felony murder. See Sec. 53a-54e re construction of statutes re capital felony committed prior to April 25, 2012.