C.G.S. § 53a-92a – Kidnapping in the First Degree With a Firearm

Overview

Kidnapping in the first degree with a firearm is one of Connecticut’s most serious violent felonies. The State can file this charge when it believes the facts of a first-degree kidnapping also involve a gun — including cases where a firearm is used, displayed, threatened, or even represented by words or conduct. It’s a Class A felony with exposure up to 25 years in prison and a $20,000 fine.

What the Prosecutor Must Prove

To convict under § 53a-92a, the State must show:

1. A first-degree kidnapping under § 53a-92, meaning the person abducted someone and either:
   • tried to force a third person to pay ransom or do (or not do) something; or
   • restrained the victim with intent to injure, sexually abuse, commit a felony, terrorize, or interfere with government functions.
2. Plus a firearm factor during the kidnapping — the accused used a firearm, was armed and threatened to use it, displayed it, or said/did something indicating they had one (pistol, revolver, rifle, shotgun, machine gun, or other firearm).

Charge stacking rule: The State may charge both § 53a-92 and § 53a-92a together, but a person cannot be convicted of both for the same incident.

Penalties

• Felony class: Class A felony
• Prison: Typically 10–25 years (case-specific; incarceration exposure is substantial)
• Fine: Up to $20,000
• Probation: Outcomes vary; fully suspended results are rare in practice for Class A violent felonies
• Protective orders: Likely in cases with family/household relationships
• Collateral effects: Immigration, employment/licensing, firearm rights, travel

Common Real-World Scenarios

• An abduction during a breakup or domestic dispute where someone brandishes a pistol.
• A street kidnapping to advance another felony (e.g., a robbery) while gesturing to a concealed gun.
• A staged “ransom” snatch where the perpetrator sends photos implying a firearm is pointed at the victim.
• A victim is forced into a car; the defendant says they have a gun, never shows it, but the threat is believed.

Key Defense Angles We Use1) “True” Firearm Proof.

The State must tie a real firearm use/display/threat/representation to the kidnapping. Ambiguous gestures or non-firearm objects (e.g., a phone or wallet under a jacket) can undercut the enhancement.

2) Inoperable-Firearm Defense.

In some cases, inoperability can be raised to challenge the firearm aspect, depending on the facts and the way the charge is pled.

3) Full-Context Kidnapping Defenses (Salamon Doctrine).

If the restraint/movement was merely incidental to another offense (like a quick restraint during an assault), the jury must be instructed accordingly. That can reduce a kidnapping theory to unlawful restraint or another lesser charge.

4) Identity, Intent, And Credibility.

We pressure-test identification, intent to terrorize/commit a felony, and the reliability of statements, videos, and digital evidence (location data, timestamps, EXIF).

5) Early Mitigation & Outcomes.

For non-aggravated facts and first-time defendants, we build a mitigation package (treatment, compliance, character support) to pursue charge reductions and the least restrictive resolution.

Illustrative Case ExamplesCase 1 — ATM Run After a Forced Car Ride (Fits § 53a-92a)

During a breakup dispute in Norwalk, D shoves V into V’s car, drives three miles while displaying a pistol, and orders V to withdraw cash “or else.”How this plays out: The movement and confinement are not incidental; D abducted V and restrained with intent to advance another felony (larceny/robbery), while using/displaying a firearm. Typical § 53a-92a charge, with companion counts for Robbery, Larceny, Threatening, and Unlawful Restraint.

Case 2 — Back-Room Move During Store Robbery (Fits § 53a-92a)

D enters a convenience store, presses a hard object under a jacket, says “I have a gun,” marches the clerk from the register to a locked stockroom, zip-ties the clerk, and cleans out the safe.How this plays out: Moving the clerk to a separate room, restraining him, and representing possession of a firearm goes beyond the force needed to complete the robbery. Juries see this as abduction to advance a felony, triggering § 53a-92a. Companion charges: Robbery 1st/2nd, Larceny, Unlawful Restraint.

Case 3 — Home Entry to Force a Third Person’s Compliance (Fits § 53a-92a)

D enters a Stamford apartment, brandishes a rifle, and orders a mother and teen to the basement while calling the mother’s partner: “Wire $10,000 or they don’t come up.”How this plays out: Abduction + intent to compel a third person to act (pay money), with firearm display. Classic § 53a-92a scenario. Likely add-ons: Home Invasion/Burglary), Assault/Threatening, Risk of Injury .

Case 4 — Brief Hold During a Bar Fight (Does Not Fit § 53a-92a)

In a Bridgeport bar, D grabs V’s arm for a few seconds during a scuffle, drags V a few feet toward the door, and shouts “you’re coming outside.” No gun is used, shown, or claimed.How this plays out: The restraint/movement is momentary and incidental to a simple assault. There’s no abduction and no firearm element. Prosecutors typically file Assault/Disorderly Conduct and maybe Unlawful Restraint, but not § 53a-92a.

Case 5 — Remote Text Threat With No Movement (Does Not Fit § 53a-92a)

After a breakup, D texts “I have a gun and I’m watching you.” V stays home; there is no seizure, transport, or confinement.How this plays out: There’s no abduction at all. The conduct may support Threatening but it isn’t kidnapping and doesn’t trigger § 53a-92a.

Related Offenses

• § 53a-92 – Kidnapping in the First Degree
• § 53a-94 / § 53a-94a – Kidnapping in the Second Degree (with/without firearm)
• § 53a-95 – Unlawful Restraint in the First Degree
• § 53a-136/134 – Robbery (with/without firearm)
• § 53a-61aa – Threatening in the First Degree
• § 53-21 – Risk of Injury to a Minor
• Home Invasion / Burglary

FAQsIs Pretending to Have a Gun Enough?

It can be. Saying or acting like you have a firearm during a kidnapping can satisfy the firearm element.

Do I Need to Show the Gun?

No. Display, threat, or representation can be enough in addition to the underlying kidnapping proof.

Can I Be Convicted of Both 53a-92 and 53a-92a for the Same Event?

You can be charged with both, but not convicted of both for the same transaction.

What if the Restraint Happened Only During Another Crime (Like a Quick Hold During an Assault)?

If restraint is incidental to another offense, the jury should be instructed on that — it can defeat a kidnapping theory.

Is Straight Probation Possible?

Outcomes depend on the facts and history; in Class A violent felonies, courts typically impose significant incarceration and fully suspended sentences are uncommon.

Get Help Now

If you or a loved one is under investigation or charged with Kidnapping 1st with a Firearm (§ 53a-92a), call Allan F. Friedman, Criminal Lawyer, at 203-357-5555 or use our contact form for a free, confidential consultation. Early intervention can change outcomes.

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