Conn. Crim. Jury Instr. 6.1-3

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

this offense reads in pertinent part as follows:

a person is guilty of assault in the first degree when under circumstances evincing an

extreme indifference to human life (he/she) recklessly engages in conduct which

creates a risk of death to another person, and thereby causes serious physical injury to

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 - Conduct creating a risk of death

The first element is that the defendant engaged in conduct that created a risk of death.

Element 2 - Recklessness

The second element is that the defendant acted recklessly. A person acts “recklessly” with

respect to a result or circumstances when (he/she) is aware of and consciously disregards a

substantial and unjustifiable risk that such result will occur or that such circumstances exist.

<See Recklessness, Instruction 2.3-4.>

Element 3 - Extreme indifference to human life

The third element is that the defendant acted under circumstances evincing an extreme

indifference to human life. “Indifference” means simply not caring. It means lacking any

interest in a matter one way or the other. Extreme means existing in the highest or greatest

possible degree. Extreme indifference is more than ordinary indifference. It is synonymous with

excessive and is the greatest departure from the ordinary. What evinces an extreme indifference

to human life is a question of fact.

Element 4 - Caused serious physical injury

The fourth element is that the defendant caused serious 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.>

“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.”

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant engaged in

conduct that created a risk of death, 2) (he/she) acted recklessly, 3) (he/she) acted under

circumstances evincing an extreme indifference to human life, and 4) (he/she) caused serious

physical injury to <insert name of person injured>.

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

of the crime of assault in the first 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.