BUILDING

"Building," in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping car, railroad car or other structure or vehicle or any building with a valid certificate of occupancy. Where a building consists of separate units, such as, but not limited to separate apartments, offices or rented rooms, any unit not occupied by the actor is, in addition to being a part of such building, a separate building. 

Source:  General Statutes § 53a-100 (a) (1) (applies to Part VIII:  Burglary, Criminal Trespass, Arson, Criminal Mischief, §§ 53a-101 -- 53a-117m).

Commentary:  The statutory definition of "building" encompasses the ordinary meaning of the word "building."  "A 'building,' according to Black's Law Dictionary, is a 'structure designed for habitation, shelter, storage, trade, manufacture, religion, business, education, and the like.'"  State v. Perez, 78 Conn. App. 610, 636 (2003), cert. denied, 271 Conn. 901 (2004); State v. Domian, 35 Conn. App. 714, 724-25 (1994), aff'd on other grounds, 235 Conn. 679 (1996) (an empty, vandalized or abandoned building is still a building within the statutory definition).  It is also expansive, including more than the ordinary meaning of the word encompasses.  State v. Baker, 195 Conn. 598, 600-603 (1985) (statutory definition clearly includes an automobile).

Whether an area of a building that is open to the public is a separate "building" depends on whether the public would be invited into that area or not.  State v. Hafford, 252 Conn. 274, 311-14, cert. denied, 531 U.S. 855, 121 S.Ct. 136, 148 L.Ed.2d 89 (2000) (a utility room behind a gas station was a separate building); State v. Russell, 218 Conn. 273, 280 (1991) (area of grocery store containing merchandise of a high value enclosed by a tall metal folding gate from 9 p.m. to 9 a.m. when the store was open 24 hours was not a separate building from the store); State v. Thomas, 210 Conn. 199, 205-206 (1989) (area behind the counter at a convenience store was not a separate building); State v. Stagnitta, 74 Conn. App. 607, 615-17, cert. denied, 263 Conn. 902 (2003) (manager's office in restaurant was a separate building); see also State v. Cochran, 191 Conn. 180, 184-88 (1983) (although defendant was invited into the residence, the locked bedrooms of other tenants were separate buildings). 

Glossary