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6.4-2 Robbery in the Second Degree -- § 53a-135
Revised to December 1, 2007
The defendant is charged [in count __] with robbery in the second degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of robbery in the second degree when (he/she) commits robbery and <insert appropriate subsection:>
§ 53-135 (a) (1): (he/she) is aided by another person actually present.
§ 53-135 (a) (2): in the course of the commission of the crime or of immediate flight therefrom (he/she) or another participant in the crime displays or threatens the use of what (he/she) represents by (his/her) words or conduct to be a deadly weapon or a dangerous instrument.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Committed robbery
The first element is that the
defendant committed a robbery. <Insert the elements from
Robbery in the Third Degree, Instruction 6.4-3.>
Element 2 - Additional factor
The second element is that <insert
as appropriate:>
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§ 53-135 (a) (1): the defendant was aided by another person actually present. To find that the defendant was aided by another person actually present, an accomplice must be found to be present and actively aiding or assisting in the crime. Mere presence of an inactive companion, passive acquiescence, or the doing of innocent acts that may in fact aid the one who commits the crime, does not constitute such aid within the meaning of the statute.
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§ 53-135 (a) (2): in the course of the commission of the crime or of immediate flight from the crime (he/she) or another participant in the crime displayed or threatened the use of what (he/she) represented by words or conduct to be a deadly weapon or dangerous instrument. This does not require that the defendant or participant in fact had a deadly weapon or a dangerous instrument, but had an article or instrument that (he/she) represented as such.
Conclusion
In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for robbery in the third degree>, and that (he/she) (was aided by another person actually present / displayed or threatened the use of what was represented as a deadly weapon or dangerous instrument).
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of robbery 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
Sentence Enhancer
General Statutes § 53a-136a
provides a sentence enhancement if the robbery involved a carjacking. See
Sentence enhancer: Carjacking in the Introduction to Robbery.