Conn. Crim. Jury Instr. 6.1-16

The defendant is charged [in count __] with assault in the second degree with a firearm. The

statute defining this offense reads in pertinent part as follows:

a person is guilty of assault in the second degree with a firearm when (he/she)

commits assault in the 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, machine gun, shotgun,

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 assault in the second degree

The first element is that the defendant committed assault in the second degree. <See instruction

for underlying crime:>

• § 53a-60 (a) (1): Assault in the Second Degree, Instruction 6.1-9.

• § 53a-60 (a) (2): Assault in the Second Degree, Instruction 6.1-10.

• § 53a-60 (a) (3): Assault in the Second Degree, Instruction 6.1-11.

• § 53a-60 (a) (4): Assault in the Second Degree, Instruction 6.1-12.

• § 53a-60 (a) (5): Assault in the Second Degree, Instruction 6.1-13.

• § 53a-60 (a) (6): Assault in the Second Degree, Instruction 6.1-14

• § 53a-60 (a) (7): Assault in the Second Degree, Instruction 6.1-15

Element 2 - With a firearm

The second element is that in the commission of the assault the defendant <insert as

appropriate:>

• used a firearm.

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

• displayed or represented by (his/her) words or conduct that (he/she) possessed a firearm.

[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.> “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.

2 You must find that the firearm was operable at the time of the

incident.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

assault the defendant (used / threatened the use of / displayed or represented that (he/she) had) a

firearm.

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.

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.