Conn. Crim. Jury Instr. 4.2-2

Note: This instruction is for crimes committed on or after October 1, 2013. Public Act No.

13-144, § 2, renamed the offense and changed the wording of the statute, though the

elements remained the same. For the earlier instruction, see Instruction 4.2-2 (archived).

The defendant is charged [in count __] with false statement in the second degree. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of false statement when (he/she) (1) intentionally makes a false

written statement that (he/she) does not believe to be true with the intent to mislead a

public servant in the performance of (his/her) official function, and (2) makes such

statement under oath or pursuant to a form bearing notice, authorized by law, to the

effect that false statements made therein are punishable

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

beyond a reasonable doubt:

Element 1 - Statement

The first element is that the defendant made a written statement (under oath / pursuant to a form

bearing notice). <Insert the applicable definitions:>

• A written statement is made under oath when the person making the statement makes a

solemn declaration, before a person authorized by law to administer oaths, that the

assertions contained in the written statement are true.

• A “form bearing notice” is a form that states on its face that any false statements made on

the form are punishable and that such notice was authorized by law.

Element 2 - Intentionally made

The second element is that the defendant intentionally made the written statement. 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 3 - Known to be untrue

The third element is that the defendant did not, at the time that (he/she) made the statement,

believe the statement to be true.

Element 4 - Intent to mislead

The fourth element is that the statement was specifically intended to mislead a public servant in

the performance of (his/her) official function. A “public servant” is an officer or employee of

the government or a quasi-public agency, elected or appointed, and any person participating as

adviser, consultant or otherwise, paid or unpaid, in performing a governmental function. It is

immaterial whether the public servant was in fact misled. It is sufficient if it is established that

the statement was intended to mislead the public servant in the performance of (his/her) official

function.

Conclusion

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

statement (under oath / pursuant to a form bearing notice), 2) the defendant made the statement

intentionally, 3) the defendant knew the statement was not true, and 4) the defendant made the

false statement with the specific intent to mislead a public servant in the performance of (his/her)

official function.

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

of the crime of false statement, 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.