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Criminal Jury Instructions

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8.6-4  Inciting to Riot -- § 53a-178

Revised to December 1, 2007

The defendant is charged [in count __] with inciting to riot.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of inciting to riot when (he/she) advocates, urges or organizes six or more persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm.

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

Element 1 - Incitement
The first element is that the defendant advocated, urged or organized six or more persons.

Element 2 - Tumultuous and violent conduct
The second element is that the defendant advocated, urged or organized the other persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm.  "Tumultuous and violent conduct" means conduct that actually involves physical violence or portends imminent physical violence.1  "Alarm" means a fear caused by the sudden realization of danger.  "Public alarm" is when such a fear is created in a public area and affects a large number of people in that area.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant advocated, urged or organized six or more persons, and 2) (he/she) advocated, urged or organized the other persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of inciting to riot, 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 In State v. Indrisano, 228 Conn. 795, 811-12 (1994), a case that involved the disorderly conduct statute, § 53a-182 (a), the court construed the phrase "[e]ngages in fighting or in violent, tumultuous or threatening behavior" to refer to physical action.  See Disorderly Conduct, Instruction 8.4-8.
 


 

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