Conn. Crim. Jury Instr. 10.2-19

The defendant is charged [in count__] with advancing money or property to be used in an

extortionate extension of credit. The statute defining this offense imposes punishment on

any person who wilfully advances money or property, whether as a gift, as a loan, as

an investment, pursuant to a partnership or profit sharing agreement, or otherwise, to

any person, with reasonable grounds to believe that it is the intention of such person

to use the money or property so advanced directly or indirectly for the purpose of

making extortionate extensions of credit.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Advanced money or property

The first element is that the defendant advanced money or property to another person. The

advancement of money or property can be in the form of a gift, a loan, an investment, pursuant to

a partnership or profit sharing agreement, or otherwise.

Element 2 - Wilfully

The second element is that the defendant acted wilfully. To act “wilfully” means to act

intentionally or deliberately.

Element 3 - Belief

The third element is that the defendant had reasonable grounds to believe that it was the intention

of the other person to use the money or property for the purpose of making extortionate

extensions of credit. A “reasonable ground to believe” 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.

An “extortionate extension of credit” means any extension of credit with respect to which it is

the understanding of the creditor and the debtor, at the time such extension of credit is made, that

delay in making repayment or failure to make repayment could result in the use of violence or

other criminal means to cause harm to the person, reputation or property of any person.

“To extend credit” means to make or renew any loans, or to enter into any agreement, tacit or

express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or

disputed, valid or invalid, and however arising, may or will be deferred.

“Credit” is the time that a seller gives the buyer to make the payment that is due.

“Creditor,” with reference to any given extension of credit, refers to any person making such

extension of credit, or to any person claiming by, under or through such person.

“Debtor,” with reference to any given extension of credit, refers to any person to whom such

extension of credit is made, or to any person who guarantees the repayment of that extension of

credit, or in any manner undertakes to indemnify the creditor against loss resulting from the

failure of any person to whom that extension of credit is made to repay the same.

“Repayment” of any extension of credit includes the repayment, satisfaction or discharge, in

whole or in part, of any debt or claim, acknowledged or disputed, valid or invalid, resulting from

or in connection with such extension of credit.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant advanced

money or property to another person, 2) (he/she) did so wilfully, and 3) (he/she) had reasonable

grounds to believe that it was the intention of the other person to use the money or property for

the purpose of making extortionate extensions of credit.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of advancing money for the extortionate extension of credit, 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.