Conn. Crim. Jury Instr. 4.1-9

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 of procuring dismissal from employment) induces any person who (is

employed in the construction, completion or repair of any public building, public

work, or building or work financed in whole or in part by loans or grants from the

state / who has a contract with the state), to give up any part of the compensation to

which (he/she) 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 - Intent to induce

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

which such person was entitled. 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.

“Induce” means to move to action by persuasion or influence.

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 any 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 - Third party

The second element is that the person induced by the defendant <insert one of the following:>

• was employed in the construction, completion or repair of any public building, public

work, or building or work financed in whole or in part by loans or grants from the state.

• had a contract with the state.

Element 3 - Force/Intimidation/Threat

The third element is that the defendant used (force / intimidation / threat of procuring dismissal)

to induce 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.

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 (he/she) was entitled, 2) <insert

name of person> (was employed in <insert nature of employment> / had a contract with the

state), and 3) the defendant used (force / intimidation / threat of procuring dismissal) to induce

<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).