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

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.

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.

• 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

• 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.

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.

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

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.

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

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.

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.

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.

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 .

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.

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.

• § 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

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

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

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

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

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

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.