Conn. Crim. Jury Instr. 4.6-2

Instrument in a Correctional Institution -- § 53a-

174a

The defendant is charged [in count __] with possession of a weapon or dangerous instrument in

a correctional institution. The statute defining this offense reads in pertinent part as follows:

a person is guilty of possession of a weapon or dangerous instrument in a correctional

institution when, being an inmate of such institution, (he/she) knowingly (makes /

conveys from place to place / has in (his/her) possession or under (his/her) control)

any (firearm / weapon / dangerous instrument / explosive / any substance or thing

designed to kill, injure or disable).

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

beyond a reasonable doubt:

Element 1 - Inmate in a correctional institution

The first element is that the defendant at the time of the alleged offense was an inmate in <insert

name of facility> and that <insert name of facility> is a correctional institution. “Correctional

institution” means any correctional facility administered by the commissioner of correction.

Element 2 - Knowingly made, conveyed, possessed, or controlled

The second element is that the defendant knowingly (made / conveyed from place to place / had

in (his/her) possession or under (his/her) control) certain weapons or dangerous instruments. In

this case, it is alleged that the defendant <insert allegations and type of weapon>.

“Knowingly” means that (he/she) was aware that (he/she) (possessed / made / conveyed / had

under (his/her) control) <insert type of weapon>. <See Knowledge, Instruction 2.3-3.>

[“Possess” means to have physical possession or otherwise to exercise dominion or control over

tangible property.]

Element 3 - Weapon or dangerous instrument

The third element is that the item[s] the defendant had in (his/her) possession was a (firearm /

weapon / dangerous instrument / explosive / a substance or thing designed to kill, injure, or

disable>. <Insert the appropriate definition:>

• “Firearm” means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or

other weapon, whether loaded or unloaded, from which a shot may be discharged.

• “Weapon” includes anything used or designed to be used in destroying, defeating, or

injuring an enemy.

• “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.

• “Explosive” is any chemical compound, mixture, or device that functions by explosion.

Conclusion

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

at a correctional institution, 2) the defendant knowingly (made/ conveyed / possessed / had under

(his/her) control) a weapon, and 3) the weapon was a <insert type of weapon>.

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

of the crime of possession of a weapon or dangerous instrument in a correctional institution, 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 Also see definition in General Statutes § 29-343.