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10.9-2 Unlawfully Using Slugs in the Second Degree -- § 53a-145 (a) (1)
Revised to December 1, 2007
The defendant is charged [in count __] with unlawfully using slugs in the second degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of unlawfully using slugs in the second degree when, with intent to defraud the owner of a coin machine, (he/she) inserts or deposits a slug in such machine.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Inserted or
deposited slugs
The first element is that the
defendant inserted or deposited a slug in a coin machine. "Coin
machine" means a coin box, turnstile, vending machine or other mechanical or
electronic device or receptacle designed to receive a coin or a bill or a token
made for the purpose and, in return for the insertion or deposit thereof,
automatically to offer, to provide, to assist in providing or to permit the
acquisition of some property or some service. A "slug" means an object or
article that, by virtue of its size, shape or any other quality, is capable of
being inserted or deposited in a coin machine as an improper substitute for a
genuine coin, bill or token.
The second element is that the defendant intended to defraud the owner of the coin machine. <See Intent to Defraud, Instruction 2.3-6.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant inserted or deposited a slug in a coin machine, and 2) (he/she) had the intent to defraud the owner of the coin machine.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
unlawfully using slugs 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.