Criminal Jury Instructions Home

6.5-4  Kidnapping with a Firearm -- § 53a-92a and § 53a-94a

Revised to December 1, 2007

Note:  The degree of the offense depends on the degree of the underlying crime.

The defendant is charged [in count __] with kidnapping in the (first/second) degree with a firearm.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of kidnapping in the (first/second) degree with a firearm when (he/she) commits kidnapping in the (first/second) degree and in the commission of said crime (he/she) (uses / is armed with and threatens the use of / displays or represents by (his/her) words or conduct that (he/she) possesses) a pistol, revolver, machine gun, shotgun, rifle or other firearm.

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

Element 1 - Committed kidnapping
The first element is that the defendant committed kidnapping in the (first/second) degree.  <Insert instruction for underlying crime:>

• § 53a-92 (a) (1):  Kidnapping in the First Degree (Ransom), Instruction 6.5-1.

• § 53a-92 (a) (2):  Kidnapping in the First Degree, Instruction 6.5-2.

• § 53a-94:  Kidnapping in the Second Degree, Instruction 6.5-3.

Element 2 - With a firearm
The second element is that in the commission of the kidnapping the defendant <insert as appropriate:>¹

• used a firearm.

• was armed with and threatened the use of a firearm.

• displayed or represented by (his/her) words or conduct that (he/she) possessed a firearm.  [It is not required that what the defendant represents to be a firearm be loaded or that the defendant actually have a firearm.  It need only be represented by words or conduct that (he/she) is so armed.]

<Describe specific allegations regarding firearm.>  "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded, from which a shot may be discharged.² You must find that the firearm was operable at the time of the incident.³

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant  <insert the concluding summary from the instruction for the underlying crime>, and that in the commission of the kidnapping, (he/she) (used / threatened the use of / displayed or represented that (he/she) had) a (pistol / revolver / machine gun / shotgun / rifle / firearm).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of kidnapping in the first degree with a firearm, 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 Carefully tailor this part of the instruction according to the nature of the conduct alleged and the type of firearm involved.  See State v. Tomlin, 266 Conn. 608, 626-27 (2003) (allegation of "did shoot" only supported instructing on the first of three distinct methods of committing the offense).

² See definitions for machine gun, rifle, shotgun, pistol or revolver in the glossary.

³ The defendant may raise as an affirmative defense that the firearm was not operable.  See Inoperability of Firearm, Instruction 2.9-3.

Commentary

"No person shall be convicted of kidnapping in the first degree and kidnapping in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information."  General Statutes § 53a-92a (a).

"No person shall be convicted of kidnapping in the second degree and kidnapping in the second degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information."  General Statutes § 53a-94a (a).