Conn. Crim. Jury Instr. 4.5-2

The defendant is charged [in count __] with bribe receiving by a witness. The statute defining

this offense reads in pertinent part as follows:

a witness is guilty of bribe receiving by a witness if (he/she) (solicits / accepts /

agrees to accept) any benefit from another person upon an agreement or

understanding that such benefit will influence (his/her) testimony or conduct in, or in

relation to, any 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 the defendant 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 the defendant was to be a

witness in <insert type of proceeding>.

Element 2 - Sought benefit

The second element is that the defendant (solicited / accepted / agreed to accept) any benefit

from <insert name of third party>. “Benefit” means monetary advantage, or anything regarded

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

welfare the beneficiary is interested. It is not necessary for the defendant to actually receive the

benefit; mere solicitation or agreement to accept such benefit for the purpose of influencing

(his/her) testimony is sufficient. In this case the state alleges that the benefit was <insert alleged

benefit>.

Element 3 - Intent to influence

The third element is that the defendant (solicited / accepted / agreed to accept) <insert alleged

benefit> upon an agreement or understanding and with the specific intent that such benefit would

influence (his/her) testimony or conduct in relation to the official proceeding. The defendant and

<insert name of third party> must have both understood that the defendant’s testimony would be

influenced by (his/her) acceptance of the <insert alleged benefit>.

Conclusion

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

in an official proceeding, 2) the defendant sought <insert alleged benefit> from <insert name of

third party>, and 3) the defendant and <insert name of third party> intended that the benefit

would influence the defendant’s testimony or conduct.

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

of the crime of bribe receiving by 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.