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Criminal Jury Instructions

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4.7-1 Violating Conditions of Release -- § 53a-222 and § 53a-222a

New, June 13, 2008

Note: If the underlying crime is a felony, then this offense is first degree; if the underlying crime is a misdemeanor or a motor vehicle violation for which a sentence to a term of imprisonment may be imposed, then this offense is a second degree. Public Acts 2007, No. 07-123, §§ 3-4, separated the prior offense of Violating Conditions of Release in § 53a-222 into first and second degree, effective October 1, 2007.

The defendant is charged [in count ___] with violating conditions of release in the (first / second) degree. The statute defining this offense reads in pertinent part as follows:

a person is guilty of violation of conditions of release in the (first / second) degree when, while charged with the commission of a (felony / misdemeanor / motor vehicle violation for which a sentence to a term of imprisonment may be imposed), such person is released and intentionally violates one or more of the imposed conditions on release.

For you to find the defendant guilty of this crime, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Charged with the commission of a crime
The first element is that the defendant was charged with the commission of a (felony / misdemeanor / motor vehicle violation for which a sentence to a term of imprisonment may be imposed). There was evidence in this case that the defendant was charged with <identify the offense>. As a matter of law, <identify the offense> is a (felony / misdemeanor / motor vehicle violation for which a sentence to a term of imprisonment may be imposed).

Element 2 - Released with conditions
The second element is that the defendant was released with conditions.1 <Describe conditions of release.>

Element 3 - Violated condition of release
The third element is that the defendant violated one or more of the conditions of release. The state alleges that (he/she) violated the conditions of (his/her) release by <describe allegations>.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was charged with the commission of a (felony / misdemeanor / motor vehicle violation for which a sentence to a term of imprisonment may be imposed), 2) (he/she) was released on the condition that <describe conditions>, and 3) (he/she) violated one or more of those conditions.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of violation of conditions of release, 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.
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1 Pursuant to § 54-63c (a) (authorizing law enforcement officers to release a person on a written promise to appear or after posting bond, but not authorizing them to set conditions or alter conditions set by the court), § 54-63d (c) (authorizing bail commissioners to impose non-financial conditions of release), or § 54-64a (c) (authorizing the court to set non-financial conditions of release).
 


 

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