Conn. Crim. Jury Instr. 6.1-20

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

this offense reads in pertinent part as follows:

a person is guilty of assault in the third degree when with criminal negligence,

(he/she) causes physical injury to another person by means of a deadly weapon, a

dangerous instrument or an electronic defense weapon.

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

beyond a reasonable doubt:

Element 1 - Criminal negligence

The first element is that the defendant acted with criminal negligence. <Insert Criminal

Negligence, Instruction 2.3-5.>

Element 2 - Caused physical injury

The second element is that the defendant caused physical injury to another person. 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.>

“Physical injury” is defined as impairment of physical condition or pain. It is a reduced ability to

act as one would otherwise have acted. The law does not require that the injury be serious. It

may be minor.

Element 3 - Deadly weapon or dangerous instrument

The third element is that the injury was caused by means of (a deadly weapon / a dangerous

instrument / an electronic defense weapon). <Insert the appropriate definition:>

• “Deadly weapon” is defined by statute as any weapon, whether loaded or unloaded, from

which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack,

bludgeon, or metal knuckles. If the weapon is a firearm, it may be unloaded, but it must

be in such condition that a shot may be discharged from it. Thus, if the weapon is loaded

but not in working order, it is not a deadly weapon. If the weapon is unloaded but in

working order, it is a deadly weapon.

• “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.

• “Electronic defense weapon” is defined by statute as a weapon which by electronic

impulse or current is capable of immobilizing a person temporarily, including a stun gun

or other conductive energy device.

Conclusion

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

negligent, 2) the defendant caused physical injury to <insert name of person injured >, and 3) the

defendant caused the injury by means of a (deadly weapon / dangerous instrument / electronic

defense weapon).

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

of the crime of assault in the third 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.