4.1-9 Receiving Kickbacks -- § 53a-161c (a) (1)
Revised to April 23, 2010
The defendant is charged [in count ___] with receiving kickbacks. The statute defining this offense reads in pertinent part as follows:
a person is guilty of receiving kickbacks when (he/she) by (force / intimidation / threat of procuring dismissal from employment) induces any person who (is employed in the construction, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the state / who has a contract with the state), to give up any part of the compensation to which (he/she) is entitled.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Intent to induce
The first element is that the defendant induced another person to give up any compensation to which such person was entitled. For purposes of this statute, "person" means a human being and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, or a government or a governmental instrumentality. "Induce" means to move to action by persuasion or influence.
The state must also prove beyond a reasonable doubt that by (his/her) actions the defendant specifically intended to induce the other person to give up any compensation to which the other person was entitled. 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 - Third party
The second element is that the person induced by the defendant <insert one of the following:>
was employed in the construction, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the state.
had a contract with the state.
The third element is that the defendant used (force / intimidation / threat of procuring dismissal) to induce the other person. <Insert the applicable definitions:>
"Use of force" means use of a dangerous instrument or use of actual physical force or violence or superior physical strength against another person. "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ. It is important to note that the article need not be inherently dangerous; all that is required is that the article was capable of causing death or serious physical injury under the circumstances in which it was used. Any article or substance, without limitation and even though harmless under normal use, may be found by you to be a dangerous instrument if, under the circumstances of its use or threatened or attempted use, it is capable of producing serious physical injury or death. The state need not prove that in fact death or serious physical injury resulted, only that the instrument had that potential under the circumstances.
"Intimidation" means unlawful coercion, unlawful threats, or extortion.1
In summary, the state must prove beyond a reasonable doubt that 1) the defendant induced <insert name of person> to give up any compensation to which (he/she) was entitled, 2) <insert name of person> (was employed in <insert nature of employment> / had a contract with the state), and 3) the defendant used (force / intimidation / threat of procuring dismissal) to induce <insert name of person>.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
receiving kickbacks, 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
1 Black's Law Dictionary (8th Ed. 2004).