Conn. Crim. Jury Instr. 5.1-5

Note: The degree of the offense depends on the degree of the underlying crime.

The defendant is charged [in count __] with manslaughter in the (first/second) degree with a

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

a person is guilty of manslaughter in the (first/second) degree with a firearm when

(he/she) commits manslaughter in the (first/second) degree, and in the commission of

such offense (he/she) (uses / is armed with and threatens the use of / displays or

represents by (his/her) words or conduct that (he/she) possesses) a pistol, revolver,

shotgun, machine gun, rifle or other firearm.

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

beyond a reasonable doubt:

Element 1 - Committed manslaughter in the first or second degree

The first element is that the defendant committed manslaughter in the (first/second) degree.

<Insert the elements from the instruction for the underlying crime:>

• § 53a-55 (a) (1): Manslaughter in the First Degree (Intentional), Instruction 5.1-2.

• § 53a-55 (a) (3): Manslaughter in the First Degree (Reckless Indifference), Instruction

5.1-3.

• § 53a-56 (a) (1): Manslaughter in the Second Degree, Instruction 5.1-4.

Element 2 - With a firearm

The second element is that the defendant <insert as appropriate:>

• used a firearm.

• was armed with, and threatened the use of a firearm.

• displayed or represented by words or conduct that (he/she) possessed a firearm. [<If

appropriate:> It is not required that what the defendant represents to be a firearm be

loaded or that the defendant actually have a firearm. It need only be represented by

words or conduct that (he/she) is so armed.]

<Describe specific allegations regarding firearm.> The term “firearm” includes any sawed-off

shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or

unloaded, from which a shot may be discharged.2 You must find that the firearm was operable at

the time of the offense.3

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding

summary from the instruction for the underlying crime>, and that in the commission of the crime

the defendant (used / was armed with and threatened the use of / displayed or represented by

words or conduct that (he/she) possessed) a firearm.

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

of the crime of manslaughter in the (first/second) degree with a firearm, 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 Carefully tailor this part of the instruction according to the nature of the conduct alleged and

the type of firearm involved. See State v. Tomlin, 266 Conn. 608, 626-27 (2003) (allegation of

“did shoot” only supported instructing on the first of three distinct methods of committing the

offense).

2 See definitions for machine gun, rifle, shotgun, and pistol or revolver in the glossary.

3 The defendant may raise as an affirmative defense that the firearm was not operable. See

Inoperability of Firearm, Instruction 2.9-3.