8.9-4  Loitering on School Grounds -- § 53a-185

Revised to December 1, 2007

The defendant is charged [in count __] with loitering on school grounds.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of loitering on school grounds when he loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or any other license or privilege to be there.

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

Element 1 - Loitering on school grounds
The first element is that the defendant loitered or remained in or about a school building or grounds.  "Loiter" means to stand around or move slowly about; to spend time idly.  "Remain" means to stay in the same place or to stand around.  The term "in or about" means within or in close proximity to.

Element 2 - For no reason
The second element is that the defendant had no reason, no relationship involving custody of or responsibility for a pupil, nor any other license or privilege to be there.  "Custody" means control of or in the care of.  "License or privilege" means permission or consent to be present.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was loitering or remaining in or about a school building or grounds, and 2) (he/she) had no reason, no relationship involving custody of or responsibility for a pupil, nor any other license or privilege to be there.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of loitering on school grounds, 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.