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Criminal Jury Instructions

Criminal Jury Instructions Home

8.6-5  Criminal Advocacy -- § 53a-179

Revised to December 1, 2007

The defendant is charged [in count __] with criminal advocacy.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of criminal advocacy when <insert appropriate subsection:>

  • § 53a-179 (a) (1):  (he/she) advocates the overthrow of the existing form of government of this state or any subdivision thereof by imminent dangerous action.

  • § 53a-179 (a) (2):  with knowledge of its contents, (he/she) (publishes / sells / distributes) any document which advocates the overthrow of the existing form of government of this state or any subdivision thereof by imminent dangerous action.

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

Element 1 - Advocated overthrow of government
The first element is that the defendant advocated the overthrow of the existing form of government of this state or any subdivision of the state.

[<Insert if defendant is charged under § 53a-179 (a) (2):>  The defendant must have done so by (publishing / selling / distributing) one or more documents and (he/she) must have had knowledge of the contents.  <See Knowledge, Instruction 2.3-3.>]

Element 2 - Imminent dangerous action
The second element is that (his/her) conduct included an incitement to imminent dangerous action.  "Imminent" means impending or likely to occur immediately.  An "imminent dangerous action" is that type of act or action that is full of danger or is threatening, menacing or perilous. 

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant advocated the overthrow of the existing form of government of this state or any subdivision of the state [by (publishing / selling / distributing) one or more documents], and 2) (his/her) advocacy included an incitement to imminent dangerous action.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of criminal advocacy, 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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