6.5-5 Unlawful Restraint in the First Degree -- § 53a-95
Revised to May 20, 2011
The defendant is charged [in count __] with unlawful restraint in the first degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of unlawful restraint in the first degree when (he/she) restrains another person under circumstances which expose such other person to a substantial risk of physical injury.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 –
Intent to restrain1
The first element is that the defendant specifically intended to restrain
Element 2 –
Restrained another person
The second element is that the defendant restrained <insert name of person> by moving (him/her) from one place to another, or by confining (him/her) in some place in such a manner as to interfere substantially with (his/her) liberty. There is no requirement that the movement be of any specific distance or that the confinement last any specific period of time. There need not be any movement at all -- the person could be confined by preventing (him/her) from leaving a place where (he/she) was.
Element 3 - Without consent
The third element is that <insert name of person> did not consent to the restraint. <Insert as appropriate:>
<If person is an adult:> Consent must have been actual and not simply acquiescence brought about by force, fear, shock, or deception. The act must have been truly voluntary. Consent may be express or you may find that it is implied from the circumstances that you find existed. Whether there was consent is a question of fact for you to determine. The defendant has no burden to prove consent. The state must prove the lack of consent.
<If person is less than sixteen or an incompetent person:> Without consent in this case means by any means whatever2, including acquiescence of the person, if (he/she) is (a child less than sixteen years old / an incompetent person) and (the parent or guardian / person or institution having lawful control or custody of (him/her)) has not acquiesced in the movement or confinement.
Element 4 - Risk of injury
The forth element is that the restraint exposed the person to a substantial risk of physical injury. "Physical injury" is defined as "impairment of physical condition or pain." A "substantial" risk of physical injury means considerable risk of physical injury. Actual injury need not be proved.
In summary, the state must prove beyond a reasonable doubt that the defendant 1) specifically intended to restrain <insert name of restrained person>, 2) restrained <insert name of restrained person> by <insert specific allegations>,3) without (his/her) consent, and 4) under circumstances that exposed (him/her) to a substantial risk of physical injury.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
unlawful restraint in the first 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.
1 Unlawful restraint is a specific intent crime. State v. Salamon, 287 Conn. 509, 570 (2008).
2 The "any means whatever" language was intended "to protect young children and incompetent persons from being kidnapped when the victim agrees to go with the kidnapper because of promises of favors or gifts. A competent adult's actual consent to the restraint would negate lack of consent if not induced by deception, force, fear or shock; in other words, with no compulsion or deception. . . . The 'any means whatever' language should not be given in an instruction when . . . the victim is a competent adult." State v. Benjamin, 86 Conn. App. 344, 355 (2004).
Reckless endangerment in the second degree is a lesser included offense of unlawful restraint in the first degree. State v. Joseph, 116 Conn. App. 339, 352-53 (2009).