Criminal Jury Instructions Home

6.5-5  Unlawful Restraint in the First Degree -- § 53a-95

Revised to November1, 2008

The defendant is charged [in count __] with unlawful restraint in the first degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of unlawful restraint in the first degree when (he/she) restrains another person under circumstances which expose such other person to a substantial risk of physical injury.

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

Element 1 – Restrained another person
The first element is that the defendant specifically intended¹ to restrain <insert name of person> and did so by moving (him/her) from one place to another, or by confining (him/her) in some place in such a manner as to interfere substantially with (his/her) liberty.  There is no requirement that the movement be of any specific distance or that the confinement last any specific period of time.  There need not be any movement at all -- the person could be confined by preventing (him/her) from leaving a place where (he/she) was.

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 2 - Without consent
The second element is that <insert name of person> did not consent to the restraint.  <Insert as appropriate:>

• <If person is an adult:>  Consent must have been actual and not simply acquiescence brought about by force, fear, shock, or deception.  The act must have been truly voluntary.  Consent may be express or you may find that it is implied from the circumstances that you find existed.  Whether there was consent is a question of fact for you to determine.  The defendant has no burden to prove consent.  The state must prove the lack of consent.

• <If person is less than sixteen or an incompetent person:>  Without consent in this case means by any means whatever², including acquiescence of the person, if (he/she) is (a child less than sixteen years old / an incompetent person) and (the parent or guardian / person or institution having lawful control or custody of (him/her)) has not acquiesced in the movement or confinement.

Element 3 - Risk of injury
The third element is that the restraint exposed the person to a substantial risk of physical injury.  "Physical injury" is defined as "impairment of physical condition or pain."  A "substantial" risk of physical injury means considerable risk of physical injury.  Actual injury need not be proved.

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) intentionally restrained <insert name of restrained person>, 2) without (his/her) consent, and 3) under circumstances that exposed (him/her) to a substantial risk of physical injury.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of unlawful restraint in the first 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.
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¹ Unlawful restraint is a specific intent crime.  State v. Salamon, 287 Conn. 509, 570 (2008).

² The "any means whatever" language was intended "to protect young children and incompetent persons from being kidnapped when the victim agrees to go with the kidnapper because of promises of favors or gifts.  A competent adult's actual consent to the restraint would negate lack of consent if not induced by deception, force, fear or shock; in other words, with no compulsion or deception. . . .  The 'any means whatever' language should not be given in an instruction when . . . the victim is a competent adult."  State v. Benjamin, 86 Conn. App. 344, 355 (2004).