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Criminal Jury Instructions

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8.2-24  Hunting while Intoxicated -- § 53-206d (b)

Revised to December 1, 2007

The defendant is charged [in count __] with hunting while intoxicated.  The statute defining this offense prohibits a person from hunting while under the influence of (intoxicating liquor / any drug / both), or while impaired by the consumption of intoxicating liquor.

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

Element 1 - Hunted with a firearm
The first element is that the defendant was engaged in hunting with a firearm.  "Hunting" means pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue, shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal.1  

Element 2 - While under the influence or impaired
The second element is that the defendant <insert as appropriate:>

  • was under the influence of (intoxicating liquor / any drug / both).

  • was impaired by the consumption of intoxicating liquor.

<Insert appropriate definition:>

  • A person shall be deemed under the influence when at the time of the alleged offense the person <insert as appropriate:>

    • is under the influence of (intoxicating liquor / any drug / both).  A person is under the influence of (intoxicating liquor / any drug / both) when, as a result of (drinking such beverage / ingesting such drug / both) that person's mental, physical, or nervous processes have become so affected that (he/she)  lacks to an appreciable degree the ability to function properly in relation to (his/her) activities, in this case hunting.2

    • has an elevated blood alcohol content.  For the purposes of this subdivision, "elevated blood alcohol content" means (i) a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight.3 

    • A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was hunting, and 2) the defendant was (under the influence of (intoxicating liquor / drugs / both) / impaired by the consumption of intoxicating liquor).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of hunting while intoxicated, 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 See General Statutes § 26-1 (12).

2 Definition of "under the influence" is derived from cases involving driving under the influence.  See, e.g., State v. Gordon, 84 Conn. App. 519, 527 (2004).

3 See General Statutes § 53-206d (b) (1).  Note that the language of this statute does not conform to the standards provided in General Statutes § 14-227a, Driving Under the Influence, regarding blood alcohol content.
 


 

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