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Criminal Jury Instructions

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6.1-9  Assault in the Second Degree (Administration of Stupefying Drugs) -- § 53a-60 (a) (4)

Revised to December 1, 2007

The defendant is charged [in count ___] with assault in the second degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of assault in the second degree when for a purpose other than lawful medical or therapeutic treatment, (he/she) intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without (his/her) consent, a drug, substance or preparation capable of producing the same.

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

Element 1 - Administered drugs
The first element is that the defendant administered a drug, substance or preparation capable of producing stupor or unconsciousness or other physical impairment to another person.

Element 2 - Without consent
The second element is that the person to whom the substance was administered did not give (his/her) consent to the administration of the drug, substance or preparation..

Element 3 - Caused stupor or unconsciousness
The third element is that the substance did, in fact, cause stupor, unconsciousness or other physical impairment to that person.
 

Element 4 - Intent to cause stupor or unconsciousness
The fourth element is that the defendant administered the drug with the specific intent of causing such stupor, unconsciousness or other physical impairment.  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 5 - No lawful purpose
The fifth element is that the administration of the drug or substance was for a purpose other than lawful medical or therapeutic treatment.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant administered a drug or other substance capable of causing stupor, unconsciousness or other physical impairment to <insert name of complainant>, 2) this was done without the consent of <insert name of complainant>, 3) the administration of the substance caused stupor or unconsciousness or other physical impairment to <insert name of complainant>, 4) the defendant intended to caused stupor or unconsciousness or other physical impairment to <insert name of complainant>, and 5) the defendant had no lawful medical or therapeutic purpose for such actions.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of assault in the 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.

Commentary

See State v. Nunes, 260 Conn. 649, 657-82 (2002) (discussing evidentiary requirements).
 


 

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