8.6-2 Riot in the Second Degree -- § 53a-176
Revised to December 1, 2007
The defendant is charged [in count __] with riot in the second degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of riot in the second degree when, simultaneously with two or more other persons, he engages in tumultuous and violent conduct and thereby (intentionally / recklessly) (causes / creates a grave risk of causing) public alarm.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
The first element is that the defendant engaged in tumultuous and violent conduct that involved physical violence or portended imminent physical violence.1 "Imminent" means impending or likely to occur immediately.
- Two or
The second element is that (he/she) did so simultaneously with two or more other persons.
The third element is that the defendant
acted with the intent to (cause / create a grave risk of causing) public alarm. 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.>
recklessly (caused / created a grave risk of causing) public alarm. A person acts "recklessly" with respect to a result or circumstances when (he/she) is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstances exist. <See Recklessness, Instruction 2.3-4.>
"Alarm" means a fear caused by the sudden realization of danger. "Public alarm" is when such a fear is created in a public area and affects a large number of people in that area.
In summary, the state must prove beyond a reasonable doubt that 1) the defendant engaged in tumultuous and violent conduct, 2) (he/she) did so simultaneously with two or more other persons, and 3) (he/she) (intentionally / recklessly) (caused / created a grave risk of causing) public alarm.
of riot in
1 In State v. Indrisano, 228 Conn. 795, 811-12 (1994), a case that involved the disorderly conduct statute, § 53a-182 (a), the court construed the phrase "[e]ngages in fighting or in violent, tumultuous or threatening behavior" to refer to physical action. See Disorderly Conduct, Instruction 8.4-8.