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Criminal Jury Instructions

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9.4-5  Affirmative Defenses to Criminal Trespass -- § 53a-110

Revised to December 1, 2007

The defendant has raised an affirmative defense to the charge of criminal trespass.  The state has the burden of proving beyond a reasonable doubt each of the elements of criminal trespass in the (first / second / third) degree.  If you are satisfied that the state has proved these elements beyond a reasonable doubt, you must still consider whether the defendant has proved (his/her) affirmative defense.

<Insert Affirmative Defense, Instruction 2.9-1.>

A.  If claiming defense under § 53a-110 (a) (1)
The defendant claims that the building involved in the offense was abandoned.  The word "abandon," as used in the statute, has a meaning in law that is not entirely the same as in everyday speech.  It is not enough to show as a defense that the building was vacant or unoccupied or uncared for.  To prove abandonment the defendant must convince you, by a preponderance of the evidence, that the owner had totally withdrawn from the building, had laid aside all care for it, and had left it altogether to itself, voluntarily relinquishing possession of it with the intention of terminating ownership, but without vesting it in any other person.1

B.  If claiming defense under § 53a-110 (a) (2)
The defendant claims that the premises, at the time of the (entry / remaining), were open to the public and the defendant complied with all lawful conditions imposed on (access to / remaining on) the premises.

C.  If claiming defense under § 53a-110 (a) (3)
The defendant claims that (he/she) reasonably believed that the owner of the premises, or a person empowered to license a person to access the building, would have licensed (him/her) to (enter / remain), or that (he/she) was licensed to do so.   A reasonable belief means that a reasonable person in the defendant's situation, viewing the circumstances from the defendant's point of view, would have shared that belief.

Conclusion

<Substitute for the concluding paragraph in the offense instruction.>  If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of criminal trespass in the (first / second / third) degree, you shall then find the defendant not guilty and not consider (his/her) affirmative defense.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of criminal trespass in the (first / second / third) degree, then you shall consider the defendant's affirmative defense.  If you unanimously find that the defendant has proved by a preponderance of the evidence that <insert affirmative defense>, then you shall find the defendant not guilty.  If you unanimously find that the defendant has not proved (his/her) affirmative defense by a preponderance of the evidence, then you shall find the defendant guilty.
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1 Black's Law Dictionary (8th Ed. 2004).
 


 

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