Recent Changes
The revision date of each instruction
indicates the date the Criminal Jury Instructions Committee approved
the adoption or substantive revision of an instruction. When there
has been a minor stylistic change or an update to the commentary,
but the substantive body of the instruction remains the same, it
will be indicated by a parenthetical date for modification. E.g.,
“Revised to December 1, 2007 (modified June 15, 2008)” means that on
June 15, 2008, the instruction or its commentary was modified in
some minor way that did not affect the substance of the instruction.
August 2008
The following changes were
made to align the instructions with changes made to the statutes during
the 2008 session of the General Assembly: |
|
|
The phrase “or quasi-public agency” was added to the definition of
“public servant” by Public Acts 2008, No. 08--3,
§ 7, effective October 1, 2008.
It occurs in the following instructions:
“Department of Motor Vehicles
inspector” was added to General Statutes 53a-167a, 53a-167b, and
53a-167c,
by Public Acts 2008, No. 08-150, §§ 52, 53, 54, effective October 1,
2008. Changes were made to the following instructions to
accommodate this addition:
General Statutes § 38a-287,
Defrauding Life or Accident Insurance Companies, was amended by
public Acts 2008, No. 08-178,
§ 12, to raise from $100 to $2,000 the amount
that triggers an enhanced penalty
effective
October 1, 2008. The commentary to Instruction #
10.6-1 was modified accordingly.
June 13, 2008
New Instructions
The following new instructions were approved by the
committee:
Revised Instructions
The following instructions were revised:
- 2.7-3 Duress -- § 53a-14. This
instruction was completely revised in light of State v.
Heinemann, 282 Conn. 281 (2007).
- 7.1-7 Sexual Assault 2nd -- §
53a-71. Public Acts 2007, No. 07-143, § 1, amended § 53a-71 (a)
(1) to require that the actor be 3 years older, rather than 2
years older, than the victim.
- 7.1-11 Sexual Assault 4th -- §
53a-73a. This instruction was divided into two instructions
(7.1-11 and 7.1-12) to distinguish the specific intent required
by subsection (a) (1) and the general intent of subsections (a)
(2) through (a) (8). Public Acts 2007, No. 07-143, § 2, amended
subsection (a) (1) (A) to require that the actor be 2 years
older than the victim and the victim be under thirteen rather
than fifteen, and added subsection (a) (1) (B), providing that
the victim be thirteen or older but under fifteen years old and
the actor more than 3 years older. Existing subsections (a) (1)
(B) through (E) were changed to (a) (1) (C) through (F).
- 7.2-1 Constancy of Accusation. A
sentence was added limiting the jury’s application of constancy
of accusation evidence to charges of sexual assault as
recommended by State v. Farmer, 108 Conn. App. 82 (2008).
- 8.2-16 Carrying Dangerous
Weapons -- § 53-206. Added optional language regarding the “true
threat” doctrine as discussed in State v. Cook, 287 Conn. 237,
252 (2008).
- 8.9-6 Noncompliance with DNA
Sampling -- § 54-102g (g) and 8.9-7 Noncompliance with Venereal
Disease or HIV Exam -- § 54-102a (c). In light of the Supreme
Court’s analysis in State v. T.R.D., 286 Conn. 191, 223-24
(2008), finding that Failure to Register as a Sex Offender (new
instruction 7.8-1) is a strict liability crime, these
instructions were revised to delete any requirement of knowledge
or wilfullness.
- 9.2-2 Burglary in the First
Degree -- § 53a-101 (a) (3). Public Acts, Jan. Spec. Sess.,
2008, No. 08-1, §§ 2 and 3, moved § 53a-102 (a) (1) to § 53a-101
(a) (3), making a burglary to a dwelling at night first degree
rather than second degree burglary.
Other Modifications
In addition, the commentaries for all instructions for statutes that
provide for an enhanced sentence either for additional factual
issues (e.g., the age of the victim) or for prior convictions have
been modified to include the statutory reference and a link to
either Sentence Enhancers, Instruction 2.11-4, or Subsequent
Offenders, Instruction 2.12-2.
All commentaries have been updated
with recent case law.
|
