Criminal Jury Instructions Home

8.1-11  Obtaining a Controlled Substance by Fraud -- § 21a-266 (a)

Revised to December 1, 2007

Note:  This statute contains several other subsections, some of which are specific ways of violating subsection (a), and some of which apply to the regulatory scheme applicable to practitioners, such as medical doctors and pharmacists.  Inquire of the state which subsection is being relied on and tailor the instruction accordingly.

The defendant is charged [in count __] with obtaining a controlled substance by fraud.  The statute defining this offense reads in pertinent part as follows: 

no person shall (obtain or attempt to obtain / procure or attempt to procure the administration of) a controlled substance <insert appropriate subsection:>

• § 21a-266 (a) (1):  by fraud, deceit, misrepresentation or subterfuge.

• § 21a-266 (a) (2):  by the forgery or alteration of a prescription or of any written order.

• § 21a-266 (a) (3):  by the concealment of a material fact.

• § 21a-266 (a) (4):  by the use of a false name or the giving of a false address.

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

Element 1 - Obtained or procured controlled substance
The first element is that the defendant (obtained or attempted to obtain / procured or attempted to procure the administration of) a controlled substance, specifically <insert type of substance>.¹  Obtain and procure have their ordinary meanings.  Attempt has its ordinary meaning.

[<Insert if applicable:> "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (A) A practitioner, or, in (his/her) presence, by (his/her) authorized agent, or (B) the patient or research subject at the direction and in the presence of the practitioner, or (C) a nurse or intern under the direction and supervision of a practitioner.]

Element 2 - Means
The second element is that the defendant did so <insert as appropriate:>

• § 21a-266 (a) (1):  (1) by fraud, deceit, misrepresentation, or subterfuge.  Fraud consists of some deceitful practice, or wilful device, resorted to with intent to deprive another of (his/her) right, or in some manner to do (him/her) an injury.  <See Intent to Defraud, Instruction 2.3-6.>  Deceit, misrepresentation and subterfuge have their ordinary meaning.

• § 21a-266 (a) (2):  by forgery or alteration of a prescription or of any written order.  Forgery means falsely making, completing, or altering a written instrument with intent to defraud, deceive or injure another.²  "Prescription" means a written or oral order for any controlled substance or preparation from a licensed practitioner to a pharmacist for a patient.

• § 21a-266 (a) (3):  by the concealment of a material fact.  As applicable here, a material fact means a fact that if known would have affected the defendant's ability to lawfully receive a controlled substance or its administration.

• § 21a-266 (a) (4):  by the use of a false name or the giving of a false address.  False means not true.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (obtained or attempted to obtain / procured or attempted to procure the administration of) a controlled substance, and 2) did so through <insert specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of obtaining a controlled substance by fraud, 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 See Defining the Controlled Substance in the Introduction to this section.

² Further definitions of these terms are found in General Statutes § 53a-137; see glossary entries for "falsely makes," "falsely completes," and "falsely alters."