Connecticut General Statutes § 53a-94a – Kidnapping in the Second Degree With a Firearm

Statutory Definition

A person commits kidnapping in the second degree with a firearm when they commit kidnapping in the second degree, as defined in § 53a-94, and during that crime they use, are armed with, or threaten the use of a pistol, revolver, rifle, shotgun, machine gun, or any other firearm — or represent by words or conduct that they possess one.

Elements of the Offense

To convict under § 53a-94a, the State must prove beyond a reasonable doubt that:

1. The defendant intentionally restrained another person;
2. The restraint was done to prevent the person’s liberation by
   • keeping them in a place where they were not likely to be found, or
   • using or threatening to use physical force or intimidation; and
3. During that restraint, the defendant used, was armed with, or represented possession of a firearm.

Classification and Penalties

• Class B Felony
• Mandatory Minimum: Three (3) years (not suspendable or reducible by the court)
• Maximum Penalty: Up to twenty (20) years in prison and a fine of up to $15,000

The firearm element enhances the severity of the underlying second-degree kidnapping offense by adding a mandatory term of incarceration.

Defenses and Mitigating Factors

• Lack of intent
• No firearm involvement
• Consent
• Duress or necessity
• Insufficient restraint

ExamplesExample 1 – Guilty:

A man forces his ex-partner into his vehicle at gunpoint after an argument, drives her to a secluded area, and refuses to let her leave. This satisfies all elements of § 53a-94a.

Example 2 – Guilty:

During a home invasion, the intruder holds a resident at gunpoint in a bedroom while searching for valuables. The restraint and firearm element make this kidnapping with a firearm.

Example 3 – Guilty:

A person tells a store clerk, “Don’t move, I’ve got a gun,” while pretending to reach for one and then forces the clerk into a back room. Representing possession of a firearm is enough to satisfy the statute.

Example 4 – Not Guilty:

Two friends argue in a car, and one locks the doors temporarily but never threatens harm or implies possession of a weapon. There is no proof of intent to restrain or any firearm involvement — not guilty under § 53a-94a.

Related Offenses

• § 53a-92 – Kidnapping in the First Degree
• § 53a-94 – Kidnapping in the Second Degree
• § 53a-95 – Unlawful Restraint in the First Degree
• § 53a-96 – Unlawful Restraint in the Second Degree
• § 53a-217 – Criminal Possession of a Firearm
• § 53a-134 – Robbery in the First Degree
• § 53a-59 – Assault in the First Degree
• § 53a-62 – Threatening in the Second Degree
• § 53a-103 – Burglary in the Third Degree
• § 53a-100aa – Home Invasion

Eligibility for the Accelerated Rehabilitation (AR) Program

Because § 53a-94a is a Class B felony involving a firearm, defendants are not ordinarily eligible for the AR program. Only under highly exceptional circumstances — such as lack of an actual weapon and strong mitigating facts — might a court consider AR for a first-time offender.

Frequently Asked Questions Can I Be Convicted of Both § 53a-94 and § 53a-94a?

No. A person may be charged with both, but cannot be convicted of both for the same act.

Does Pretending to Have a Gun Count?

Yes. Representing or implying that you have a firearm satisfies the firearm element.

Does Moving the Victim Matter?

No. The focus is on restraint and intent to restrict freedom, not distance moved.

Understanding the Human Side

Being charged under § 53a-94a is deeply frightening — the law is strict, the penalties are heavy, and the stigma can feel unbearable. But even serious charges don’t erase your humanity or your right to be heard. Every story matters, and every person has a path forward.

If you or a loved one is facing this charge, take a breath — there are still options, defenses, and people who care about your outcome. Call (203) 357-5555 or visit our Contact Page to talk confidentially and begin finding your way through this.

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