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8.2-19 Brandishing Facsimile Firearm in the Presence of an Officer -- § 53-206c (d)
Revised to December 1, 2007
The defendant is charged [in count __] with brandishing a facsimile firearm in the presence of (a peace officer / a firefighter / an emergency medical technician / a paramedic). The statute defining this offense reads in pertinent part as follows:
no person shall (draw / exhibit / brandish) a facsimile of a firearm or simulate a firearm in the presence of a (peace officer / firefighter / emergency medical technician / paramedic) engaged in the performance of (his/her) duties knowing or having reason to know that such (peace officer / firefighter / emergency medical technician / paramedic) is engaged in the performance of (his/her) duties, with intent to impede such person in the performance 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 - Drew, exhibited or
brandished a facsimile firearm
The first element is that the
defendant (drew / exhibited / brandished) a (facsimile / simulated) firearm.
"Brandish" means to "to wave, shake, or exhibit in a menacing, challenging, or
exultant way; to flourish."
Element 2 - Facsimile that
could pass as a real firearm
The second element is that the
facsimile was such that it could reasonably be perceived as a real firearm. "Firearm"
is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other
weapon, whether loaded or unloaded, from which a shot may be discharged.1
A "facsimile of a firearm" is (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.
Element 3 - In the presence of
an officer
The third element is that the
defendant did so in the presence of a (peace officer / firefighter / emergency
medical technician / paramedic), who the defendant knew or had reason to know
was engaged in the performance of (his/her) duties. A person acts "knowingly"
with respect to conduct or to a circumstance when (he/she) is aware that
(his/her) conduct is of such nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.>
Element 4 - Intent
The fourth element is that the
defendant specifically intended to impede the (peace officer / firefighter /
emergency medical technician / paramedic) from performing (his/her) duties. 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.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant (carried / drew / exhibited / brandished) a facsimile firearm, 2) the facsimile could reasonably be perceived as a real firearm, 3) (he/she) did so in the presence of a (peace officer / firefighter / emergency medical technician / paramedic) engaged in the performance of (his/her) duties, and 4) the defendant specifically intended to impede the (peace officer / firefighter / emergency medical technician / paramedic) from performing (his/her) duties.
If you unanimously find that the
state has proved beyond a reasonable doubt each of the elements of the crime of
carrying or brandishing a facsimile firearm, 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
See definitions for
machine gun,
rifle,
shotgun,
pistol or revolver in the glossary.