Connecticut General Statutes § 53a-181e – Breach of the Peace in the Second Degree: Bias Crime

Normally, Breach of the Peace in the Second Degree (§ 53a-181) is a Class B misdemeanor. If the State claims you acted because of someone’s race, religion, ethnicity, national origin, disability, sexual orientation, or gender identity/expression, the case is enhanced under § 53a-181e to a Class A misdemeanor. Prosecutors treat bias-flagged cases with special scrutiny, and the stigma can be worse than the sentence.

To convict under § 53a-181e, the State must show you:

• Committed Breach of the Peace 2nd (threats, fighting/violent behavior, or disturbing conduct), and
• Did so maliciously and with the intent to intimidate or harass a person because of their protected status.

• Class A misdemeanor (elevated from Class B).
• Up to 1 year in jail, up to $2,000 in fines, probation.
• Courts commonly order bias-awareness education, counseling, and community service.

During an argument at a bar, a man punches another patron while shouting racial insults. Because there’s violence plus bias motive, prosecutors file § 53a-181e rather than only simple assault/disorderly.

A teen spray-paints hateful symbols on a synagogue wall. Even with minor property damage, the intent to intimidate on account of religion supports § 53a-181e.

A driver yells homophobic slurs and threatens to run over two pedestrians. Credible threat of violence + bias motive = § 53a-181e.

Two neighbors shout over a parking spot. No references to race, religion, or other protected status. This isn’t a bias crime. At most, it’s standard Breach of Peace (§ 53a-181) or Disorderly Conduct (§ 53a-182).

• No bias motive – The dispute was about something else (traffic, noise, money).
• Lack of specific intent – Words/actions were hot-headed, not aimed to intimidate because of a protected trait.
• First Amendment – Offensive speech alone (without true threats/illegal conduct) is generally protected.
• Mistaken identity / insufficient proof – The State must prove bias beyond a reasonable doubt.

Yes—AR can be a path to dismissal in many bias-tagged breach-of-peace cases, especially for first-time defendants with clean records. AR is a pretrial diversion (under § 54-56e) the judge may grant in discretion after hearing from the prosecutor and, often, the complainant.

• You apply; the court considers your record, conduct, seriousness, and public interest.
• If granted, you’ll complete conditions (typical in bias cases: anti-bias education, counseling, community service, no-contact, apology/impact work as advised by counsel).
• You’re supervised for a period (often 6–24 months).
• Successful completion = dismissal and erasure of the charge.

• Start counseling/education early (bias-awareness, anger management if relevant).
• Collect character letters (employer, coach, professor, clergy).
• Document work/school stability and community ties.
• Show no prior similar incidents and genuine insight/remorse (without making legal admissions—coordinate with counsel).
• If appropriate, propose restorative/community service with a reputable organization.

Caveats: AR is not automatic. Prosecutors often oppose AR in bias-flagged cases. A tailored plan and strong advocacy can make the difference.

Beyond penalties, a conviction labeled a hate/bias crime can mean:

• Lasting reputation damage and employment/education barriers.
• Licensing and immigration complications.
• Community stigma that can outlive any sentence—another reason AR or dismissal matters.

• § 53a-181 – Breach of the Peace 2nd (base charge)
• § 53a-182 – Disorderly Conduct
• § 53a-181j/k/l – Intimidation Based on Bigotry or Bias (felony levels)

Often, yes—especially if you have no prior record. It’s discretionary and requires a strong plan (education/counseling/community service).

Generally no. The State needs threats, fighting/violent behavior, or disturbing conduct, plus bias intent.

No. It’s a Class A misdemeanor (up to 1 year jail).

Yes—unless the case is dismissed (e.g., via AR) or you obtain later relief.

Intoxication isn’t a defense, but it may help argue lack of targeted bias intent.

Provocation helps explain context but does not excuse bias-motivated threats or violence.

Yes. Posts, DMs, and comments may be offered to prove motive/intent—talk to counsel before deleting anything.

Several months is common; longer if litigated or if you pursue AR with conditions.

Frequently yes—bias-awareness/education is common both as an AR condition and as a sentencing term.

Absolutely. The “bias crime” label can impact your life far more than the statutory max. Skilled counsel can aim for AR, reduction, or dismissal.

Bias-tagged misdemeanors carry outsized consequences. I focus on killing the label—challenging motive evidence, humanizing clients, and building AR packages that satisfy the court’s safety and accountability concerns while protecting your future.

Charged under C.G.S. § 53a-181e or worried your case may be flagged as a bias crime? Let’s talk strategy now—defense and AR planning work best early.

📞 Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 or contact me online. I’ll evaluate eligibility for AR, map defenses, and fight for a clean result.