Conn. Crim. Jury Instr. 4.5-1

The defendant is charged [in count __] with bribery of a witness. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of bribery of a witness if (he/she) (offers / confers / agrees to

confer) upon a witness any benefit to influence the testimony or conduct of such

witness in, or in relation to, an official proceeding.

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

beyond a reasonable doubt:

Element 1 - Witness in an official proceeding

The first element is that <insert name of bribery target> was a witness in an official proceeding.

A “witness” is any person summoned, or who may be summoned, to give testimony in an official

proceeding. An “official proceeding” is any proceeding held or that may be held before any

legislative, judicial, administrative or other agency or official authorized to take evidence under

oath, including any referee, hearing examiner, commissioner or notary or other person taking

evidence in connection with any proceeding. In this case, the state alleges that <insert name of

bribery target> was to be a witness in <insert type of proceeding>.

Element 2 - Benefit offered

The second element is that the defendant (offered / conferred / agreed to confer) upon a witness

any benefit. “Benefit” means monetary advantage, or anything regarded by the beneficiary as a

monetary advantage, including a benefit to any person or entity in whose welfare the beneficiary

is interested. It makes no difference that such a witness does not accept the benefit. The crime is

committed if the defendant merely makes the offer to confer such a benefit, or even if (he/she)

merely agrees to confer such benefit. In this case, the state alleges that the benefit was <insert

alleged benefit>.

Element 3 - Intent to influence

The third element is that the (offering / conferring / agreeing to confer) a benefit was made with

the specific intent to influence the testimony or the conduct of a witness in relation to the official

proceedings in issue. 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.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) <insert name of bribery

target> was a witness in an official proceeding, 2) the defendant (offered / conferred / agreed to

confer) upon (him/her) a benefit, specifically <insert alleged benefit>, and 3) the defendant

intended that the benefit would influence the testimony or conduct of <insert name of bribery

target> in the official proceeding.

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

of the crime of bribery of a witness, 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.