Conn. Crim. Jury Instr. 6.1-8

The defendant is charged [in count__] with assault of a pregnant woman resulting in termination

of pregnancy. The statute defining this offense reads in pertinent part as follows:

a person is guilty of assault of a pregnant woman resulting in termination of

pregnancy when such person commits assault in the first degree and the person

assaulted is pregnant and the assault results in the termination of pregnancy that does

not result in a live birth.

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 first degree

The first element is that the defendant committed assault in the first degree. <Insert elements

from the instruction for the underlying crime:

• § 53a-59 (a) (1): Assault in the First Degree (Deadly Weapon or Dangerous Instrument),

Instruction 6.1-1.

• § 53a-59 (a) (2): Assault in the First Degree (Maiming), Instruction 6.1-2.

• § 53a-59 (a) (3): Assault in the First Degree (Reckless Indifference), Instruction 6.1-3.

• § 53a-59 (a) (4): Assault in the First Degree (Aided by Two or More Persons),

Instruction 6.1-4.

• § 53a-59 (a) (5): Assault in the First Degree (Discharge of a Firearm), Instruction 6.1-5.

Element 2 - Person assaulted was pregnant

The second element is that the person assaulted was pregnant at the time of the assault.

Element 3 - Resulted in termination of pregnancy

The third element is that the assault resulted in the termination of pregnancy that did not result in

a live birth. It does not matter whether the defendant intended to cause the termination of the

pregnancy. The only intent required is the intent to <insert intent requirement from the

applicable first degree assault subsection.>

[Affirmative defense

[<If raised by the defendant:>

The defendant has raised the affirmative defense that (he/she), at the time of the incident, did not

know that <insert name of complainant> was pregnant.

<Insert Affirmative Defense, Instruction 2.9-1.>]

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding

summary from the instruction for the underlying crime>, <insert name of complainant> was

pregnant at the time, and the assault resulted in the termination of the pregnancy that did not

result in a live birth.

<Insert one of the following endings:>

If the defendant has not raised the affirmative defense

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

of the crime of assault of a pregnant woman, 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.

If the defendant has raised the affirmative defense

If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the

elements of the crime of assault of a pregnant woman, you shall then find the defendant not

guilty and not consider (his/her) affirmative defense.

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

elements, then you shall consider the defendant’s affirmative defense. If you unanimously find

that the defendant has proved by a preponderance of the evidence that (he/she) did not know that

<insert name of complainant> was pregnant, then you shall find the defendant not guilty. If you

unanimously find that the defendant has not proved (his/her) defense by a preponderance of the

evidence, then you shall find the defendant guilty.