Conn. Crim. Jury Instr. 6.1-14

53a-60 (a) (6)

New, November 6, 2014

The defendant is charged [in count __] with assault in the second degree. The statute defining

this offense reads in pertinent part as follows:

a person is guilty of assault in the second degree when, with intent to cause serious

physical injury to another person by rendering such other person unconscious, and

without provocation by such other person, (he/she) causes such injury to such other

person by striking such other person on the head.

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

beyond a reasonable doubt:

Element 1 - Intent to cause serious physical injury

The first element is that the defendant intended to cause serious physical injury to a person by

rendering that person unconscious. 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.>

Element 2 - Caused serious physical injury

The second element is that the defendant in fact caused serious physical injury to a person by

striking that person on the head. This means that the defendant’s conduct was the proximate

cause of the person’s injuries. You must find it proved beyond a reasonable doubt that <insert

name of person injured> was injured as a result of the actions of the defendant. <See Proximate

Cause, Instruction 2.6-1.>

“Serious physical injury” is something more serious than mere physical injury, which is defined

as “impairment of physical condition or pain.” It is more than a minor or superficial injury. It is

defined by statute as “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.”

Element 3 - Without provocation

The third element is that the defendant was not provoked by the other person.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant intended to

cause serious physical injury to <insert name of person injured> by rendering (him/her)

unconscious, 2) the defendant caused serious physical injury to <insert name of person injured>

by striking (him/her) on the head, and 3) <insert name of person injured> did not provoke the

defendant.

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

of the crime of assault in the second degree, 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.