6 Conn. Cir. Ct. 667 | Conn. App. Ct. | 1972
The demurrer filed by the defendant attacks the constitutionality of General Statutes
Prior to the adoption of the Penal Code (General Statutes, tit. 53a), effective October 1, 1971, the crime of breach of the peace (General Statutes § 53-174) and the offense of disorderly conduct (§ 53-175) penalized miscellaneous types of conduct tending to create public disorder, offensive conditions and petty annoyances to individuals. It may be said that these offenses, prior to the adoption of the Penal Code, received little systematic consideration by legislators, judges and scholars for the reason that the penalties involved were relatively minor and the defendants were usually from the lowest economic and social levels. Appeals from convictions were infrequent. Pressures for legislative reform were minimal. Yet, this vast area of the law— perhaps the most important area of criminal administration — affected the largest number of defendants, involved a great portion of police activity, and powerfully influenced the view of public justice held by millions of people.
The common-law crime of breach of the peace, perpetuated by our old breach of the peace statute (^ 53-174), was broadly defined as any behavior which disturbs or tends to disturb the tranquility of the citizenry. This definition was sufficiently comprehensive to include behavior which, though carried on quietly or privately, would tend to pro-
The Connecticut Penal Code, in General Statutes 53a-181 and 53a-182, completely restructures and reformulates this area of penal law. But even the most carefully drafted statutes leave considerable room for interpretation. It is not an easy task to select terms which will cover unjustified behavior while safeguarding the right to say unpopular things. It would be practically impossible to specify precisely the degree of shocking impropriety, but the constitutional problems are minimized because the challenged sections of the Penal Code require “intent” as an element of the offense.
The revisers of the Penal Code significantly narrowed the law by specifying with particularity proscribed behavior. Thus, for example, § 53a-181 (breach of peace) embodies the usual formulations against (1) “violent, tumultuous or threatening behavior” in a public place; or (2) assaulting or striking another; or (3) threatening to commit any crime against another person or his property; or (4) publicly exhibiting, distributing, posting up or advertising any offensive, indecent or abusive matter
Thus, in the view of this court, the drafters of our Penal Code sought to systematize, so far as practicable and possible, the chaotic provisions of the former law which penalized a wide variety of petty misbehavior under vague and misleading headings. The drafters also sought to provide a rational grading of penalties, thereby limiting judicial discretion by imposing substantial imprisonment for petty infractions. Additionally, the Penal Code, particularly those sections under attack by demurrer, seeks to safeguard civil liberty by careful definition of offenses.
For reasons set forth herein, the demurrer is overruled on all grounds.
See the New York eases of People v. Hill, 60 Misc. 2d 277; People v. Ithaca Savings Bank, 59 Misc. 2d 128; People v. Wise, 54 Misc. 2d 87; People v. Donegan, 19 Misc. 2d 541; People v. McMinn, 20 Misc. 2d 967; People v. Pearson, 188 Misc. 744.