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6.13-3 Strangulation in the Third Degree - § 53a-64cc
New, June 13, 2008
Note: Public Acts 2007, 07-123, § 10, which created this offense, became effective October 1, 2007.
The defendant is charged [in count __] with strangulation in the third degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of strangulation in the third degree when such person recklessly restrains another person by the neck or throat and impedes the ability of such other person to breathe or restricts blood circulation of such other person.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Restrained another
by the neck or throat
The first element is that the
defendant restrained <insert name of complainant> by the neck or throat. "Restrain" means to restrict a person's movement.
Element 2 - Recklessness
The second element is that the
defendant acted recklessly. A person acts "recklessly" with respect to a result
or circumstances when (he/she) is aware of and consciously disregards a
substantial and unjustifiable risk that such result will occur or that such
circumstances exist. <Insert
Recklessness,
Instruction 2.3-4.>
Element 3 - Impeded breathing
or restricted blood circulation
The third element is that the
defendant impeded <insert name of complainant>'s ability to breathe or
restricted (his/her) blood circulation.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant restrained <insert name of complainant> by the neck or throat, 2) (he/she) acted recklessly, and 3) (he/she) impeded <insert name of complainant>'s ability to breathe or restricted (his/her) blood circulation.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of strangulation in the third degree, 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.
Commentary
Subsection (b) provides that "[n]o
person shall be found guilty of strangulation in the third degree and unlawful
restraint or assault upon the same incident, but such person may be charged and
prosecuted for all three offenses upon the same information. For the purposes of
this section, 'unlawful restraint' means a violation of section 53a-95 or
53a-96, and 'assault' means a violation of section 53a-59, 53a-59a, 53a-59b,
53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a."