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6.11-6 Substitution of Children -- § 53a-99
Revised to December 1, 2007
The defendant is charged [in count __] with substitution of children. The statute defining this offense reads in pertinent part as follows:
a person is guilty of substitution of children when, having been temporarily entrusted with a child less than one year old and, intending to deceive a parent, guardian or other lawful custodian of such child, (he/she) substitutes, produces or returns to such parent, guardian or custodian a child other than the one entrusted.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Temporary
entrustment
The first element is that the
defendant had been temporarily entrusted with a child. "To entrust" means to
give something over to another, in this case, the child, for care or protection
for a temporary or limited time.
Element 2 - Child under 1 year
of age
The second element is that the child
was less than one year old. This means that the child had not yet had (his/her)
first birthday when the conduct is alleged to have taken place.
Element 3 - Intent
The third element is that the
defendant intended to deceive the child's parent, guardian or other lawful
custodian by substituting, producing or returning a different child other than
the one entrusted. To "deceive" is to mislead or cause a person to believe what
is not true, in this case that the substituted child is the child originally
entrusted to the defendant.
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.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant had been temporarily entrusted with a child, 2) the child was under one year of age, and 3) the defendant intended to deceive that child's parent, guardian or other lawful custodian by substituting, producing or returning a different child other than the one entrusted.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
substitution of a child, 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.