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10.7-4 Criminal Impersonation by Electronic Device -- § 53a-130 (a) (4)
New, May 10, 2012
The defendant is charged [in count __] with criminal impersonation. The statute defining this offense reads in pertinent part as follows:
a person is guilty of criminal impersonation when (he/she), with intent to defraud, deceive or injure another, uses an electronic device to impersonate another and such act results in personal injury or financial loss to another or the initiation of judicial proceedings against another.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 -
Impersonated another using an electronic device
The first element is that the defendant
impersonated another person. To
"impersonate" means to act the part of or to mimic the appearance or manner or
adopt the personal identifying characteristics or information of another person.
Element 2 -
Using an electronic device
The second element is
that the defendant used an electronic device to impersonate another. <Describe the type of electronic device
allegedly used.>
Element
3 - Intent
The third element is
that, while pretending to be someone else, (he/she) intended to defraud, deceive
or injure another.
<See
Intent: Specific,
Instruction 2.3-1, and
Intent to Defraud,
Instruction
2.3-6.>
Element 4 -
Results
The fourth element is
that the acts of the defendant in impersonating another person resulted in
(personal injury to another / financial loss to another / the initiation of
judicial proceedings against another).
<Describe
the specific types of injury alleged.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the
defendant impersonated another person, 2) used an electronic device to do
so, 3) intended to defraud, deceive or injure another, and 4) the result of
the defendant's acts was (personal injury to another / financial loss to
another / the initiation of judicial proceedings against another).
If you unanimously find that the state has proved beyond a reasonable doubt
each of the elements of the crime of criminal impersonation, 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
This subsection was added by Public Acts 2011, No. 11-221, § 1, effective
October 1, 2011.