4.6-1 Unauthorized Conveyance of Items into Correctional or Humane Institution or to Inmate -- § 53a-174 (a)
Revised to April 23, 2010
The defendant is charged [in count ___] with unauthorized conveyance of items into a (correctional / humane) institution or to an inmate. The statute defining this offense reads in pertinent part as follows:
any person not authorized by law who conveys or passes, or causes to be conveyed or passed, into any (correctional / humane) institution or the grounds or buildings thereof, or to any inmate of such an institution who is outside the premises thereof and known to the person so conveying or passing or causing such conveying or passing to be such an inmate any (controlled drug / intoxicating liquors / firearm / weapon / dangerous instrument / explosive / United States currency / rope, ladder, or other instrument or device for use in making, attempting or aiding an escape) shall be guilty.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Without
The first element is that the defendant was not authorized by law to do any of the acts enumerated in the statute.
Element 2 - Conveyed
unauthorized items into institution
The second element is that the defendant conveyed the following unauthorized item[s] into <insert name of facility>.
<Insert one or more of the following:>
any controlled drug. "Controlled drugs" are defined by statute as those drugs which contain any quantity of a substance which has been designated as subject to the Federal Controlled Substances Act, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate type, cannabis- type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs. Specifically excluded from controlled drugs and controlled substances are alcohol, nicotine and caffeine.
any intoxicating liquors.
any (firearm / weapon / dangerous instrument / explosive) of any kind. <Insert appropriate definition:>
"Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon, whether loaded or unloaded, from which a shot may be discharged.
"Weapon" includes anything used or designed to be used in destroying, defeating, or injuring an enemy.
"Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ. It is important to note that the article need not be inherently dangerous; all that is required is that the article was capable of causing death or serious physical injury under the circumstances in which it was used. Any article or substance, without limitation and even though harmless under normal use, may be found by you to be a dangerous instrument if, under the circumstances of its use or threatened or attempted use, it is capable of producing serious physical injury or death. The state need not prove that in fact death or serious physical injury resulted, only that the instrument had that potential under the circumstances.
"Explosive" is any chemical compound, mixture, or device that functions by explosion.
any United States currency.
any rope, ladder or other instrument or device for use in making, attempting, or aiding an escape. The statute provides that "[t]he unauthorized conveying, passing or possession of any rope or ladder or other instrument or device, adapted for use in making or aiding an escape, into any such institution or the grounds or buildings thereof, shall be presumptive evidence that it was so conveyed, passed or possessed for such use." This means that if you find that the defendant conveyed or passed into the institution or had in (his/her) possession while in the institution any rope or ladder or other instrument or device adapted for use in making or aiding an escape, then you may conclude, but are not required to, that the defendant intended to use it for the purpose of making or aiding an escape, provided of course that the inference drawn complies with the standards for inferences as explained in connection with my instruction on circumstantial evidence.
The state alleges that the defendant (conveyed or passed / caused to be conveyed or passed) these items <insert as appropriate:>
into <insert name of facility> by means of <insert specific allegations>.
to <insert name of inmate> while <insert name of inmate> was outside the premises of <insert name of facility> and the defendant knew that <insert name of inmate> was an inmate of <insert name of facility>.
Element 3 - Correctional
The third element is that <insert name of facility> is a (correctional / humane) institution. For the purposes of this offense, institution includes the grounds and any buildings on the grounds. <Insert the appropriate definition:>
A "correctional institution" is any correctional facility administered by the commissioner of correction.
A "humane institution" is any (state mental hospital / community mental health center / treatment facility for children and adolescents / any facility or program administered by the (Department of Mental Health and Addiction Services / Department of Mental Retardation / Department of Children and Families)).1
In summary, the state must prove beyond a reasonable doubt that 1) the defendant's actions were not authorized by law, 2) the defendant conveyed or caused to be conveyed <insert the object conveyed> into <insert name of facility>, and 3) <insert name of facility> is a (correctional / humane) institution.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
conveying unauthorized items into an institution, 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 General Statutes § 17b-222.