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Criminal Jury Instructions

Criminal Jury Instructions Home

4.1-11  Receiving Kickbacks -- § 53a-161c (a) (3)

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) induces another person who has a contract with the state to give up any part of the compensation to which such other person 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 - Inducement
The first element is that the defendant induced another person to give up any compensation to which the other person was entitled.  "Induce" means to move to action by persuasion or by influence.

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. 

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 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 - Contract
The second element is that such other person had a contract with the state.  A contract with the state means a contract to provide buildings, facilities, supplies, materials, equipment, contractual services or any other goods or services to any commission, agency or department of the state of Connecticut.

Element 3 - Force/Intimidation/Threat
The third element is that the defendant used (force / intimidation / threat) against 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

Conclusion

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 the other person was entitled, 2) <insert name of person> had a contract with the state, and 3) the defendant used (force / intimidation / threat) against <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 guilty.
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1 Black's Law Dictionary (8th Ed. 2004).
 


 

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