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Criminal Jury Instructions

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6.1-10  Assault in the Second Degree (Board of Parole Employee or Member) -- § 53a-60 (a) (5)

Revised to December 1, 2007

The defendant is charged [in count ___] with assault in the second degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of assault in the second degree when (he/she) is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the board of parole, (he/she) causes physical injury to such employee or member.

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

Element 1 - On parole
The first element is that the defendant was, at the time of the alleged offense, on parole from a correctional institution.  This means (he/she) was released from a correctional institution prior to the expiration of (his/her) term of imprisonment but remains under the supervision of the board of parole.

Element 2 - Intent to cause physical injury
The second element is that the defendant intended to cause physical injury to a person known by the defendant to be an employee or member of the board of parole.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>

Element 3 - Caused physical injury
The third element is that the defendant in fact caused physical injury to an employee or member of the board of parole.  This means that the defendant's conduct was the proximate cause of the person's injuries.  You must find it proved beyond a reasonable doubt that <insert name of person injured> was injured as a result of the actions of the defendant.  <See Proximate Cause, Instruction 2.6-1.>

"Physical injury" is defined as impairment of physical condition or pain.  It is a reduced ability to act as one would otherwise have acted.  The law does not require that the injury be serious.  It may be minor.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was a parolee from a correctional institution, 2) the defendant intended to cause physical injury to <insert name of person injured>, whom (he/she) knew to be an employee or member of the board of parole, and 3) the defendant caused physical injury to <insert name of person injured>. 

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of assault in the second degree, 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.

Commentary

See State v. Nixon, 231 Conn. 545, 554 (1995) (distinguishing this assault offense from Assault on Public Safety or Emergency Medical Personnel, § 53a-167c).
 


 

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