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8.1-6 Employment of Minors in the Illegal Distribution of a Controlled Substance -- § 21a-278a (c)
Revised to December 1, 2007
The defendant is charged [in count __] with the employment of a minor in the illegal distribution of a controlled substance. The statute defining this offense imposes punishment on any person who (employs / hires / uses / persuades / induces / entices / coerces) a person under eighteen years of age in the illegal distribution1 of a controlled substance.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Used a person under
18 years old
The first element is that the
defendant (employed / hired / used / persuaded / induced / enticed / coerced) a
person under eighteen years of age.
Element 2 - To violate §
21a-277 or § 21a-278
The second element is that the minor
was (employed / hired / used / persuaded / induced / enticed / coerced) to
violate the laws against the distribution of controlled substances. The
defendant must have actually utilized the minor in the violation of these laws.2
<Describe the alleged violations.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant (employed / hired / used / persuaded / induced / enticed / coerced) a person under eighteen years of age, and 2) (he/she) did so to violate the laws against the distribution of controlled substances.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
employing a minor in the illegal distribution of a controlled substance, 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 The statute specifies that the minor is employed "to violate section 21a-277 or 21a-278." Tailor this instruction to the allegations of the information. See Drug Transactions in the Introduction to this section.
2 See State v. Harris, 32 Conn. App. 831, 845 n.9 (1993), appeal dismissed, 230 Conn. 347 (1994).
Commentary
Being an accessory to the sale of
narcotics is not the same thing as using a minor in the sale of narcotics.
State v. Harris, supra, 32 Conn. App. 840-41 (§ 21a -278a (c) is violated
when a defendant "employs, hires, uses, persuades, induces, entices or coerces,"
whereas § 53a-8 is violated when a defendant "solicits, requests, commands,
importunes or intentionally aids ").