Conn. Crim. Jury Instr. 4.1-11

The defendant is charged [in count __] with receiving kickbacks. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of receiving kickbacks when (he/she) by (force / intimidation /

threat) induces another person who has a contract with the state to give up any part of

the compensation to which such other person is entitled.

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

beyond a reasonable doubt:

Element 1 - Inducement

The first element is that the defendant induced another person to give up any compensation to

which the other person was entitled. “Induce” means to move to action by persuasion or by

influence.

For purposes of this statute, “person” means a human being and, where appropriate, a public or

private corporation, a limited liability company, an unincorporated association, a partnership, or

a government or a governmental instrumentality.

The state must also prove beyond a reasonable doubt that by (his/her) actions the defendant

specifically intended to induce the other person to give up compensation to which the other

person was entitled. 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 2 - Contract

The second element is that such other person had a contract with the state. A contract with the

state means a contract to provide buildings, facilities, supplies, materials, equipment, contractual

services or any other goods or services to any commission, agency or department of the state of

Connecticut.

Element 3 - Force/Intimidation/Threat

The third element is that the defendant used (force / intimidation / threat) against the other

person. <Insert the applicable definitions:>

• “Use of force” means use of a dangerous instrument or use of actual physical force or

violence or superior physical strength against another person. “Dangerous instrument”

means any instrument, article or substance which, under the circumstances in which it is

used or attempted or threatened to be used, is capable of causing death or serious physical

injury. “Serious physical injury” means physical injury which creates a substantial risk

of death, or which causes “serious disfigurement,” serious impairment of health or

serious loss or impairment of the function of any bodily organ. It is important to note that

the article need not be inherently dangerous; all that is required is that the article was

capable of causing death or serious physical injury under the circumstances in which it

was used. Any article or substance, without limitation and even though harmless under

normal use, may be found by you to be a dangerous instrument if, under the

circumstances of its use or threatened or attempted use, it is capable of producing serious

physical injury or death. The state need not prove that in fact death or serious physical

injury resulted, only that the instrument had that potential under the circumstances.

• “Intimidation” means unlawful coercion, unlawful threats, or extortion.1

Conclusion

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

<insert name of person> to give up any compensation to which the other person was entitled, 2)

<insert name of person> had a contract with the state, and 3) the defendant used (force /

intimidation / threat) against <insert name of person>.

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

of the crime of receiving kickbacks, 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 Black’s Law Dictionary (8th Ed. 2004).