Conn. Crim. Jury Instr. 5.3-2

The defendant is charged [in count __] with misconduct with a motor vehicle. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of misconduct with a motor vehicle when, with criminal negligence

in the operation of a motor vehicle, (he/she) causes the death of another person.

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

beyond a reasonable doubt:

Element 1 - Operated a motor vehicle

The first element is that the defendant was operating a motor vehicle. A person “operates” a

motor vehicle when, while in the vehicle, (he/she) intentionally does any act or makes use of any

mechanical or electrical agency that alone or in sequence sets in motion the motive power of the

vehicle. A person acts “intentionally” with respect to conduct when (his/her) conscious objective

is to engage in such conduct. <See Intent: General, Instruction 2.3-1.>

Element 2 - Proximate cause of death

The second element is that the defendant caused the death of <insert name of decedent> through

the operation of a motor vehicle. This means that the defendant’s operation of a motor vehicle

was the proximate cause of the decedent’s death. You must find proven beyond a reasonable

doubt that <insert name of decedent> died as a result of the defendant’s operation of a motor

vehicle. <See Proximate Cause, Instruction 2.6-1.>

Element 3 - Criminal negligence

The third element is that the defendant was criminally negligent when (he/she) caused the death,

in that the act or acts causing the death involved a substantial and unjustifiable risk that was not

perceived by the defendant. <See Criminal Negligence, Instruction 2.3-5.>

Conclusion

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

a motor vehicle, 2) the defendant’s operation of the motor vehicle was the proximate cause of the

death of <insert name of decedent>, and 3) the defendant acted with criminal negligence.

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

of the crime of misconduct with a motor vehicle, 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.