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4.6-2 Possession of Weapon or Dangerous Instrument in a Correctional Institution -- § 53a-174a
Revised to December 1, 2007
The defendant is charged [in count ___] with possession of a weapon or dangerous instrument in a correctional institution. The statute defining this offense reads in pertinent part as follows:
a person is guilty of possession of a weapon or dangerous instrument in a correctional institution when, being an inmate of such institution, (he/she) knowingly (makes / conveys from place to place / has in (his/her) possession or under (his/her) control) any (firearm / weapon / dangerous instrument / explosive / any substance or thing designed to kill, injure or disable).
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Inmate in a
correctional institution
The first element is that the
defendant at the time of the alleged offense was an inmate in <insert name of
facility> and that <insert name of facility> is a correctional
institution. "Correctional
institution" means any correctional facility administered by the
commissioner of correction.
Element 2 - Knowingly made,
conveyed, possessed, or controlled
The second element is that the
defendant knowingly (made / conveyed from place to place / had in (his/her)
possession or under (his/her) control) certain weapons or dangerous
instruments. In this case, it is alleged that the defendant <insert
allegations and type of weapon>.
"Knowingly" means that (he/she) was aware that (he/she) (possessed / made / conveyed / had under (his/her) control) <insert type of weapon>. <See Knowledge, Instruction 2.3-3.>
["Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property.]
Element 3 - Weapon or dangerous
instrument
The third element is that the item[s]
the defendant had in (his/her) possession was a (firearm / weapon / dangerous
instrument / explosive / a substance or thing designed to kill, injure, or
disable>. <Insert the appropriate definition:>
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"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.
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"Weapon" includes anything used or designed to be used in destroying, defeating, or injuring an enemy.
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"Dangerous instrument" is defined by statute as any instrument, article, or substance that, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury.
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"Explosive" is any chemical compound, mixture, or device that functions by explosion.1
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant was an inmate at a correctional institution, 2) the defendant knowingly (made/ conveyed / possessed / had under (his/her) control) a weapon, and 3) the weapon was a <insert type of weapon>.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
possession of a weapon or dangerous instrument in a correctional 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.
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1 Also see definition in General
Statutes § 29-343.