Criminal Jury Instructions Home

4.3-2  Failure to Assist a Peace Officer, Special Policeman or Firefighter -- § 53a-167b

Revised to December 1, 2007

The defendant is charged [in count ___] with failure to assist a (peace officer / special policeman / firefighter).  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of failure to assist a (peace officer / special policeman / firefighter) when, commanded by a (peace officer / special policeman / firefighter) authorized to command assistance, such person refuses to assist such (peace officer / special policeman / firefighter) in the execution of (his/her) duties.

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

Element 1 - Assistance commanded by officer
The first element is that the defendant was commanded to assist a (peace officer / special policeman / firefighter).  This element requires that you find that <insert name of officer making command> was a (peace officer / special policeman / firefighter) and that (he/she) commanded rather than merely requested assistance.  <Insert appropriate definition:>

• A "peace officer" means <insert as appropriate:>

  • a member of the division of state police within the department of public safety or an organized local police department.

  • a chief inspector or inspector in the division of criminal justice.

  • a state marshal while exercising authority granted under any provision of the general statutes.

  • a judicial marshal in the performance of the duties of a judicial marshal.

  • a conservation officer or special conservation officer.

  • a constable who performs criminal law enforcement duties.

  • a special policeman for state property.

  • a special policeman for investigating public assistance fraud.

  • a special policeman for utility and transportation companies.

  • an adult probation officer.

  • an official of the department of correction authorized by the commissioner of correction to make arrests in a correctional institution or facility.

  • any investigator in the investigations unit of the office of the state treasurer.

  • any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code.
     

• A special policeman in the special investigation section of the department of revenue services.¹

• A "firefighter" means any agent of a municipality whose duty it is to protect life and property therein as a member of a duly constituted fire department whether professional or volunteer.

Element 2 - Officer authorized to command assistance
The second element is that the <insert name and/or title of officer> was authorized to command such assistance in the performance of (his/her) duties.

Element 3 - Assistance was necessary and reasonable
The third element is that such assistance was both demonstrably necessary and reasonable under all the circumstances.  In evaluating necessity and reasonableness, the following factors should be considered:  the urgency of the situation giving rise to a command for assistance; the availability of other trained law enforcement officers, rather than untrained civilians, to come to an officer's aid; the nature of the assistance sought; the appropriateness of commandeering the assistance of these individuals; the provocativeness of the situation in which aid is sought; the presence or threat of the use of weapons; and the risk of injury or death to the officer, to the individual being ordered to assist, and to any other parties present; and the reasonableness of the officer's actions in the underlying situation for which (he/she) sought assistance.²

Element 4 - Refused to assist
The fourth element is that the defendant refused to assist the <insert name and/or title of officer> in the execution of (his/her) duties as commanded.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was commanded to assist <insert type of officer>, 2) the <insert type of officer> was authorized to command such assistance, 3) the assistance was necessary and reasonable under all the circumstances, and 4) the defendant refused to assist the <insert type of officer>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of failure to assist a (peace officer / special policeman / firefighter), 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 Appointed pursuant to General Statutes § 29-18b.

2 State v. Floyd, 217 Conn. 73, 92-95 (1991) (adding the common-law element of necessity and reasonableness to save the statute from a facial constitutional challenge).