8.2-18 Carrying or Brandishing Facsimile Firearm in a Threatening Manner -- § 53-206c (c)
Revised to December 1, 2007
The defendant is charged [in count __] with carrying or brandishing a facsimile firearm. The statute defining this offense reads in pertinent part as follows:
no person shall (carry / draw / exhibit / brandish) a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Carried, drew,
exhibited or brandished a facsimile firearm
The first element is that the defendant (carried / drew / exhibited / brandished) a (facsimile / simulated) firearm. <Insert as appropriate:>
"Carry" means to have upon one's person and within one's control or dominion, meaning that the person must be aware of its presence.1
"Brandish" means to "to wave, shake, or exhibit in a menacing, challenging, or exultant way; to flourish."
Element 2 - Facsimile could
pass as a real firearm
The second element is that the facsimile was such that it could reasonably be perceived as a real firearm. "Firearm" is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded, from which a shot may be discharged.2
A "facsimile of a firearm" is (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.
Element 3 - Threatening manner
The third element is that the (facsimile / simulated) firearm was (carried / drew / exhibited / brandished) in a threatening manner.
Element 4 - Intent
The fourth element is that the defendant specifically intended to frighten, vex or harass another person. 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.>
In summary, the state must prove beyond a reasonable doubt that 1) the defendant (carried / drew / exhibited / brandished) a facsimile firearm, 2) the facsimile could reasonably be perceived as a real firearm, 3) (he/she) did so in a threatening manner, and 4) (he/she) had the intent to frighten, vex or harass another person.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
carrying or brandishing a facsimile firearm, 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.
1 State v. Hopes, 26 Conn. App. 367, 375, cert. denied, 221 Conn. 915 (1992).