Conn. Crim. Jury Instr. 4.4-3

The defendant is charged [in count __] with failure to appear while on probation in the first

degree. The statute defining this offense reads in pertinent part as follows:

a person is guilty of failure to appear in the first degree when while on probation for

conviction of a felony, (he/she) wilfully fails to appear when legally called for any

court hearing relating to a violation of such probation.

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

beyond a reasonable doubt:

Element 1 - On probation

The first element is that the defendant was on probation for a conviction of a felony. I instruct

you, as a matter of law, that the crime of <insert underlying charge> is a felony.

Element 2 - Duty to appear

The second element is that on <insert date>, the defendant was required to appear before (a court

or judicial officer) in connection with the charge of violation of probation.

Element 3 - Failure to appear

The third element is that the defendant wilfully failed to appear as required. An act is done

wilfully if done knowingly, intentionally, and deliberately. To prove this element, the state must

prove beyond a reasonable doubt either that the defendant received and knowingly, intentionally,

and deliberately ignored a notice to appear or that the defendant knowingly, intentionally, and

deliberately embarked on a course of conduct designed to prevent (him/her) from receiving such

notice.

2 <See Knowledge, Instruction 2.3-3.>

Conclusion

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

probation for a conviction of a felony, 2) (he/she) was required to appear on <insert date> in

connection with the charge of violation of probation, and 3) (he/she) wilfully failed to appear.

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

of the crime of failure to appear, 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 Note: The degree of the offense depends on the classification of the underlying crime. See

General Statutes §§ 53a-172 (first degree: felony); 53a-173 (second degree: misdemeanor or

motor vehicle violation for which a sentence of a term of imprisonment may be imposed).

2 State v. Cerilli, 222 Conn. 556, 583-84 (1992).