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Criminal Jury Instructions

Criminal Jury Instructions Home

9.1-22  Larceny by Failure to Pay Prevailing Rate of Wages -- 53a-119 (14) and 53a-122 through 53a-125b

Revised to April 23, 2010

Note:  The degree of the larceny is determined by the value of the property stolen.  See 53a-122 (first degree); 53a-123 (second degree); 53a-124 (third degree); 53a-125 (fourth degree); 53a-125a (fifth degree); 53a-125b (sixth degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009.  See the table in Introduction to Larceny for the values in effect prior to that date.

This offense requires that the defendant has also committed a violation of 53a-157a, False Statement in the First Degree.  If that offense is charged in a separate count, the court may simply refer to that count for the first three elements, and instruct the jury that if they have found the defendant guilty on that count, then the first three elements of this offense have been met.

The defendant is charged [in count __] with larceny by failure to pay prevailing rate of wages in the (first / second / third / fourth / fifth / sixth) degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of failure to pay prevailing rate of wages when (he/she) (A) files a certified payroll,1 which (he/she) knows is false, and (B) fails to pay to an employee or to an employee welfare fund the amount attested to in the certified payroll with the intent to convert such amount to (his/her) own use or to the use of a third party.

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

Element 1 - Contract for public works project
The first element is that a contract existed between <insert name of contractor> and  <insert name of agency or political subdivision> for <insert specific nature of contract>.

Element 2 - Made a false statement
The second element is that the defendant knowingly made a false written statement on a certified payroll.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

Element 3 - Known to be false
The third element is that that statement was not true and the defendant did not believe the statement to be true. 

Element 4 - Intent to mislead
The fourth element is that the defendant made the statement with the specific intent to mislead a contracting authority or the labor commissioner in the exercise of (his/her) authority or the fulfillment of (his/her) duties.2  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.> 

Element 5 - Failed to pay according to certified payroll
The fifth element is that the defendant failed to pay the amount attested to in the certified payroll to an employee or an employee welfare fund.

Element 6 - Intent to convert
The sixth element is that the defendant intended to convert the amount to (his/her) own use or to the use of a third party.  "Conversion" means an unauthorized assumption and exercise of the right of ownership over property belonging to another, to the exclusion of the owner's rights.  In this case, the property consists of the wages owed according to the certified payroll.

Element 7 - Value
The final element is that the converted wages had a value that <insert as appropriate:>

First degree:  exceeded $20,000.
Second degree:  exceeded $10,000.
Third degree:  exceeded $2,000.
Fourth degree:  exceeded $1,000.
Fifth degree:  exceeded $500.
Sixth degree:  did not exceed $500.

<See Larceny, Instruction 9.1-1, for a full explanation of this element.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) there was a contract between <insert name of contractor> and <insert name of agency or political subdivision> for <insert specific nature of contract>, 2) the defendant intentionally made a false written statement on a certified payroll, 3) the defendant did not believe the statement was true, 4) the defendant made the statement with the specific intent to mislead a contracting authority or the labor commissioner in the exercise of (his/her) authority or the fulfillment of (his/her) duties, 5) the defendant did not pay the amount attested to in the certified payroll to an employee or an employee welfare fund, 6) the defendant intended to convert that amount to (his own use / her own use / the use of a third party), and 7) the value of the converted wages was <insert value according to the degree charged>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of larceny by failure to pay prevailing rate of wages, 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 In accordance with 31-53.  Pursuant to 31-53, every employer on a public works project shall submit weekly to the contracting agency a certified payroll indicating, among other things, that the rate of wages paid to each mechanic, laborer or workman and the amount of payment or contributions paid or payable on behalf of each such employee to any employee welfare fund, are not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on behalf of each such employee to any employee welfare fund are not less than those required by the contract to be paid.

2 The intent element is derived from 53a-157a, False Statement in the First Degree, which is specifically cited in 53a-119 (14).  See False Statement in the First Degree, Instruction 4.2-1.
 


 

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