History of the Connecticut Judicial Seal Home Home BannerBanner

 

 


 

 

 

 

 

   
Criminal Jury Instructions

Criminal Jury Instructions Home

9.2-6  Affirmative Defense to Burglary -- § 53a-104

Revised to December 1, 2007

The defendant has raised an affirmative defense to the charge of burglary.  The state has the burden of proving beyond a reasonable doubt each of the elements of burglary in the (first / second / third) degree.  If you are satisfied that the state has proved these elements beyond a reasonable doubt, you must still consider whether the defendant has proved (his/her) affirmative defense.

<See Affirmative Defense, Instruction 2.9-1.>

The defendant claims that the building involved in the offense was abandoned.  The word "abandon," as used in the statute, has a meaning in law that is not entirely the same as in everyday speech.  It is not enough to show that the building was vacant or unoccupied or uncared for.  To prove abandonment, the defendant must convince you, by a preponderance of the evidence, that the owner had totally withdrawn from the building, had laid aside all care for it, and had left it altogether to itself, voluntarily relinquishing possession of it with the intention of terminating ownership, but without vesting it in any other person.1

<Substitute the following paragraphs for the final paragraph in the instruction for burglary:>

If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of burglary in the (first / second / third) degree, you shall then find the defendant not guilty and not consider (his/her) affirmative defense.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements, then you shall consider the defendant's affirmative defense.  If you unanimously find that the defendant has proved (his/her) defense by a preponderance of the evidence, then you shall find the defendant not guilty.  If you unanimously find that the defendant has not proved (his/her) affirmative defense by a preponderance of the evidence, then you shall find the defendant guilty.
_______________________________________________________

1 Black's Law Dictionary (8th Ed. 2004).
 


 

Attorneys | Case Look-up | Courts | Directories | Educational Resources | E-Services | Español | FAQ's | Juror Information | Media | Opinions | Opportunities | Self-Help | Home

Common Legal Words | Contact Us | Site Map | Website Policies and Disclaimers

Copyright © 2011, State of Connecticut Judicial Branch