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Criminal Jury Instructions

Criminal Jury Instructions Home

6.8-2  Criminal Violation of a Standing Criminal Protective Order -- 53a-223a

Revised to May 20, 2011

The defendant is charged [in count __] with criminal violation of a standing criminal protective order.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of criminal violation of a standing criminal protective order when an order1 has been issued against such person, and such person violates such order.

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

Element 1 - Standing criminal protective order
The first element is that a court issued a standing criminal protective order against the defendant.  <Review evidence of order.>

Element 2 - Violation
The second element is that the defendant violated a condition of the order.  To violate a condition means to act in disregard of or to go against the condition.  <Insert specific condition that the defendant is charged with violating.>  A person acts "intentionally" with respect to conduct when (his/her) conscious objective is to engage in such conduct.  <See Intent: General, Instruction 2.3-1.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) a court issued a standing criminal protective order against the defendant, and 2) the defendant violated a condition of that order.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of criminal violation of a standing criminal protective order, 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 Issued pursuant to General Statutes 53a-40e.

Commentary

The validity of the underlying order is not an element of the offense.  State v. Wright, 273 Conn. 418, 432 (2005); State v. Manns, 91 Conn. App. 827, 834, cert. denied, 276 Conn. 927 (2005).
 

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