 |
10.9-1 Unlawfully Using Slugs -- §§ 53a-144 and 53a-145 (a) (2)
Revised to December 1, 2007
Note: The degree of the offense depends on the value of the slugs. See § 53a-144 (first degree: exceeds $100); § 53a-145 (a) (2): does not exceed $100).
The defendant is charged [in count __] with unlawfully using slugs in the first degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of unlawfully using slugs in the first degree when (he/she) (makes / possesses / disposes of) slugs with intent to enable a person to insert or deposit them in a coin machine and the value of such slugs (exceeds / does not exceed) one hundred dollars.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Made, possessed or
disposed of slugs
The first element is that the
defendant (made / possessed / disposed of) slugs. "Slug"
means an object or article which, by virtue of its size, shape or any other
quality, is capable of being inserted or deposited in a coin machine as an
improper substitute for a genuine coin, bill or token. <See
Possession, Instruction 2.11-1.>
Element 2 - Intent
The second element is that (he/she)
(made / possessed / disposed of) slugs with the intent to enable a person to
insert or deposit them in a coin machine. "Coin
machine" means a coin box, turnstile, vending machine or other mechanical or
electronic device or receptacle designed (A) to receive a coin or bill or token
made for the purpose, and (B) in return for the insertion or deposit thereof,
automatically to offer, to provide, to assist in providing or to permit the
acquisition of some property or some service.
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 - Value
The third element is that the value of
such slugs (exceeded / did not exceed) one hundred dollars. "Value"
of a slug means the value of the coin, bill or token for which it is capable of
being substituted.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant (made / possessed / disposed of) slugs, 2) (he/she) had the intent to enable a person to insert or deposit them in a coin machine, and 3) the value of the slugs (exceeded / did not exceed) one hundred dollars.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
unlawfully using slugs in the (first / 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.