Criminal Jury Instructions Home

8.1-13  Obtaining Prescription Drugs by Fraud -- § 21a-108 (1)

Revised to April 23, 2010

Note:  This statute has other subsections that are limited to the regulatory scheme applicable to practitioners, such as medical doctors and pharmacists.  If the defendant is being charged as a practitioner tailor the instruction accordingly.  See also Illegal Sale or Possession of Prescription Drugs, Instruction 8.1-14 .

The defendant is charged [in count __] with obtaining a prescription drug 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 drug that is required by any applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only¹ by <insert one of the following:>

• § 21a-108 (1) (a):  fraud, deceit, misrepresentation or subterfuge.

• § 21a-108 (1) (b):  the forgery or alteration of a prescription or of any written order.

• § 21a-108 (1) (c):  the concealment of a material fact.

• § 21a-108 (1) (d):  the use of a false statement in any prescription, order or report required by law.

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

Element 1 - Obtained or procured prescription drug
The first element is that the defendant (obtained or attempted to obtain / procured or attempted to procure the administration of) a prescription drug, specifically <insert type of drug>.  Obtain and procure have their ordinary meaning.  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 by <insert as appropriate:>

• § 21a-108 (1) (a):  fraud, deceit, misrepresentation, or subterfuge.  "Fraud" means a deliberately planned purpose and intent to cheat or deceive or unlawfully deprive someone of some advantage, benefit or property.  <See Intent to Defraud, Instruction 2.3-6.>  Deceit, misrepresentation and subterfuge have their ordinary meaning.

• § 21a-108 (1) (b):  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 

• § 21a-108 (1) (c):  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-108 (1) (d):  the use of a false statement in any prescription, order or report required by law.

[<Insert if applicable:>  "Prescription" means a written, oral or electronic order for any controlled substance or preparation from a licensed practitioner to a pharmacist for a patient].

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 prescription drug, 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 prescription drug 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 General Statutes § 21a-106 (k) and § 20-571 (14).

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