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Criminal Jury Instructions

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8.2-30  Sale or Delivery of Body Armor -- § 53-341b

Revised to December 1, 2007

The defendant is charged [in count __] with the sale or delivery of body armor.  The statute defining this offense reads in pertinent part as follows: 

no person, firm or corporation shall sell or deliver body armor to another person unless the transferee meets in person with the transferor to accomplish the sale or delivery.

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

Element 1 - Sold or delivered body armor
The first element is that the defendant sold or delivered body armor to another person.  The words "sold" and "delivered" have their ordinary meaning.  "Body armor" means any material designed to be worn on the body and to provide bullet penetration resistance.

Element 2 - Transfer not made in person
The second element is that the transfer of the body armor was not made in person.

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) sold or delivered body armor to another person, and 2) the transfer of the body armor was not made in person.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the sale or delivery of body armor, 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.

Commentary

The legislative history of this statute indicates that this section was intended to prohibit mail order and Internet sales, which would make it easier for convicted felons to obtain bullet proof vests.  The same act criminalized the possession of body armor by any person convicted of certain crimes.  See Criminal Possession of Body Armor, Instruction 8.2-29.
 


 

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