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6.13-2 Strangulation in the Second Degree - § 53a-64bb
New, June 13, 2008
Note: Public Acts 2007, 07-123, § 9, which created this offense, became effective October 1, 2007.
The defendant is charged [in count __] with strangulation in the second degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of strangulation in the second degree when such person restrains another person by the neck or throat with the intent to impede the ability of such other person to breathe or restrict blood circulation of such other person and such person impedes the ability of such other person to breathe or restricts blood circulation of such other person.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Restrained another
by the neck or throat
The first element is that the
defendant restrained <insert name of complainant> by the neck or throat. "Restrain" means to restrict a person's movement.
Element 2 - Intent
The second element is that the
defendant specifically intended to impede <insert name of complainant>'s
ability to breathe or to restrict (his/her) blood circulation. 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.>
Element 3 - Impeded breathing
or restricted blood circulation
The third element is that, acting with
that intent, the defendant impeded <insert name of complainant>'s ability
to breathe or restricted (his/her) blood circulation.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant restrained <insert name of complainant> by the neck or throat, 2) (he/she) specifically intended to impede <insert name of complainant>'s ability to breathe or to restrict (his/her) blood circulation, and 3) (he/she) impeded <insert name of complainant>'s ability to breathe or restricted (his/her) blood circulation.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of strangulation 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
Subsection (b) provides that "[n]o
person shall be found guilty of strangulation in the second degree and unlawful
restraint or assault upon the same incident, but such person may be charged and
prosecuted for all three offenses upon the same information. For the purposes of
this section, 'unlawful restraint' means a violation of section 53a-95 or
53a-96, and 'assault' means a violation of section 53a-59, 53a-59a, 53a-59b,
53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a."