7.1-10 Sexual Assault in the Third Degree with a Firearm -- § 53a-72b
Revised to December 1, 2007 (modified June 13, 2008)
The defendant is charged [in count __] with sexual assault in the third degree with a firearm. The statute defining this offense reads in pertinent part as follows:
a person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree and in the commission of such offense, such person (uses / is armed with and threatens the use of / displays or represents by such person's words or conduct that such person possesses) a pistol, revolver, machine gun, rifle, shotgun or other firearm.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Committed sexual assault in the third degree
The first element is that the defendant committed sexual assault in the third degree. <Insert the elements from the instruction for the alleged underlying crime:>
- § 53a-72a (a) (1): Sexual Assault in the Third Degree, Instruction 7.1-8.
- § 53a-72a (a) (2): Sexual Assault in the Third Degree, Instruction 7.1-9.
Element 2 - With a firearm
The second element is that the defendant <insert as appropriate:>
- used a firearm;
- was armed with, and threatened the use of a firearm;
- displayed or represented by words or conduct that (he/she) possessed a firearm. [<If appropriate:> It is not required that what the defendant represents to be a firearm be loaded or that the defendant actually have a firearm. It need only be represented by words or conduct that (he/she) is so armed.]
<Describe specific allegations regarding firearm.> The term "firearm" includes any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded, from which a shot may be discharged.1
In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for the underlying crime>, and that the defendant (used / was armed with and threatened the use of / displayed or represented that (he/she) possessed) a firearm.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of sexual
assault in the third degree with a firearm, 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.
"No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information." General Statutes § 53a-72b (a).
Section 53a-72b (b) provides an enhanced penalty if the victim is under 16 years of age. The jury must find this fact proved beyond a reasonable doubt. See Sentence Enhancers, Instruction 2.11-4.