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4.5-2 Bribe Receiving by a Witness -- § 53a-150
Revised to December 1, 2007
The defendant is charged [in count ___] with bribe receiving by a witness. The statute defining this offense reads in pertinent part as follows:
a witness is guilty of bribe receiving by a witness if (he/she) (solicits / accepts / agrees to accept) any benefit from another person upon an agreement or understanding that such benefit will influence (his/her) testimony or conduct in, or in relation to, any official proceeding.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Witness in an
official proceeding
The first element is that the
defendant was a witness in an official proceeding. A "witness"
is any person summoned, or who may be summoned, to give testimony in an official
proceeding. An "official
proceeding" is any proceeding held or that may be held before any
legislative, judicial, administrative or other agency or official authorized to
take evidence under oath, including any referee, hearing examiner, commissioner
or notary or other person taking evidence in connection with any proceeding.
In this case, the state alleges that the
defendant was to be a witness in <insert type of proceeding>.
Element 2 - Sought benefit
The second element is that the
defendant (solicited / accepted / agreed to accept) any benefit from <insert
name of third party>. "Benefit"
means monetary advantage, or anything regarded by the beneficiary as a monetary
advantage, including benefit to any person or entity in whose welfare the
beneficiary is interested. It is not necessary for the defendant to actually
receive the benefit; mere solicitation or agreement to accept such benefit for
the purpose of influencing (his/her) testimony is sufficient. In this case the
state alleges that the benefit was <insert alleged benefit>.
Element 3 - Intent to influence
The third element is that the
defendant (solicited / accepted / agreed to accept) <insert alleged benefit>
upon an agreement or understanding and with the specific intent that such
benefit would influence (his/her) testimony or conduct in relation to the
official proceeding. The defendant and <insert name of third party> must
have both understood that the defendant's testimony would be influenced by
(his/her) acceptance of the <insert alleged benefit>.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant was a witness in an official proceeding, 2) the defendant sought <insert alleged benefit> from <insert name of third party>, and 3) the defendant and <insert name of third party> intended that the benefit would influence the defendant's testimony or conduct.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of bribe
receiving by a witness, then you shall find the defendant guilty. On the other
hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant not
guilty.